Popsicle Signs Suck - The Law In Virginia

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Virginia Law and Popsicle Signs

While the law in Virginia does not specifically reference the term "popsicle sign" it is quite clear on the illegality of placing signs within the right-of-ways that are maintained by Virginia's Department of Transportation (VDOT). The primary section of Virginia's code that addresses this topic is 33.1-373:

33.1-373. Advertising on rocks, poles, etc., within limits of highway; civil penalty.

Any person who in any manner (i) paints, prints, places, puts or affixes any advertisement upon or to any rock, stone, tree, fence, stump, pole, mile-board, milestone, danger-sign, guide-sign, guidepost, highway sign, historical marker, building or other object lawfully within the limits of any highway or (ii) erects, paints, prints, places, puts, or affixes any advertisement within the limits of any highway shall be assessed a civil penalty of $100. Each occurrence shall be subject to a separate penalty. All civil penalties collected under this section shall be paid into the Highway Maintenance and Operating Fund. Advertisements placed within the limits of the highway are hereby declared a public and private nuisance and may be forthwith removed, obliterated, or abated by the Commonwealth Transportation Commissioner or his representatives without notice. The Commonwealth Transportation Commissioner may collect the cost of such removal, obliteration, or abatement from the person erecting, painting, printing, placing, putting, affixing or using such advertisement. When no one is observed erecting, painting, printing, placing, putting, or affixing such sign or advertisement, the person, firm or corporation being advertised shall be presumed to have placed the sign or advertisement and shall be punished accordingly. Such presumption, however, shall be rebuttable by competent evidence. In addition, the Commissioner or his representative may seek to enjoin any recurring violator of this section.

The provisions of this section shall not apply to signs or other outdoor advertising regulated under Chapter 7 (33.1-351 et seq.) of this title.

(Code 1950, 33-319; 1970, c. 322; 1993, c. 538; 1994, c. 696.)

Section 33.1-369 further states:

No advertisement or advertising structure shall be erected, maintained or operated:

...

(8) Within fifteen feet of the nearest edge of the pavement of any highway; however, the Commonwealth Transportation Commissioner may waive this restriction whenever the advertisement or advertising structure is actually anchored outside of the right-of-way, and, within his discretion, does not constitute a safety hazard or conflict with any other restriction contained in this section;

(9) At any public road intersection in such manner as would obstruct the clear vision in either direction between a point on the center line of the side road 20 feet from the nearest edge of the pavement of the main road and points on the main road 400 feet distant, measured along the nearest edge of the pavement of the main road;

...

While it is possible to acquire a permit from the Virginia Department of Transportation to place signs the law makes it virtually impossible to acquire such a permit to place signs in right-of-ways less than 15 feet from the edge of the pavement (based on my reading of the law). Additionally, the effort required to attain a permit for placing signs at or near an intersection would be much higher.

Finally, section 33.1-368 of the law states:

The Commissioner shall require that each advertising structure and each advertisement not posted or displayed on an advertising structure shall bear an identification number, furnished by the Commissioner, and if erected, maintained or displayed by a licensed outdoor advertiser shall also bear his name. The Commissioner shall make suitable provisions for the details thereof.

So, any lawfully placed sign must also bear an identification number furnished by VDOT identifying it as having a permit. I took the time to write to my local VDOT Customer Service Center to determine whether or not anyone in my area of Prince William County has received such a permit to place popsicle signs in the VDOT maintained right-of-ways. Here is the response that I received:

Craig Vitter,

Thank you for contacting VDOT’s Customer Service Center. VDOT does not issue permits for popsicle signs. You might want to check with the County regarding the political signs; some Counties do issue permits for campaign signs. You may reach the Prince William County Planning Office at 703-792-6830. Should you have any additional questions or concerns, please contact us either by e-mail at: novainfo@vdot.virginia.gov or by telephone at: 703-383-VDOT (8368)/1-888-383-VDOT (8368).

Regards,
[Name Redacted]
VDOT Customer Service Representative

I called the PWC County Planning Offce and spoke to a member of zoning group who told me that they do not issue permits for commercial and/or political signs in the right-of-ways however I am waiting on written confirmation of the policy. In the meantime you might wish to check out the following page from PWC's Public Works department: Signs are Illegal in Road Right-of-Way .

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