Are Those Pop-Up Roadside Memorials Legal in New York State?

You have seen them on the side of the road for decades, roadside memorials to a person who lost their life in that location, but are they legal?

While it is sad to see them, knowing the reason that the memorial is even there is because someone lost their lives, who is responsible to take care of them? Can they be removed?

Are roadside memorials legal in New York State?

The roadside memorials that you see along the side of the road when you are driving are usually done to mark the passing of a person or loved one in that spot. Does New York State think that they are legal?  Sad news, technically they are illegal in the eyes of New York State.

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If you have a roadside memorial to your loved one, can you get a ticket for it in New York State?

Every cop I spoke with said it is highly unlikely that anyone would write you a summons or give you a ticket for one of the roadside memorial markers, but that doesn't mean the marker or tribute that you placed will always be there.

Can the New York State Department of Transportation (DOT) remove the marker or tribute, without telling you?

*Yes, they can remove them and not tell you.*

Why would the DOT go out of their way to remove the roadside marker of your loved one?

The DOT website says that the memorials are usually only taken down when they are interfering with the safety of motorists or the DOT work crews. If you go to where your memorial is, and you don't see it, you can reach out to the NYS DOT to ask them about it, but don't expect an answer.