6160-8

Illegal Encroachment on Rights of Way

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The management and control of the right of way of the state's system of roads is vested in the Georgia Department of Transportation (GDOT) and the Department can require the removal of any obstruction placed thereon without express permission. See the Official Code of Georgia, Section 32-2-2.

All illegal signs (including political signs), illegal mailboxes, memorials and obstacles deemed hazardous to the traveling public will be removed by GDOT forces as soon as possible after discovery.

Procedure for Removing an Illegal Sign on the State Rights-of-Way

1. Prior to removing signs, verification of right-of-way (R/W) limits should be made utilizing deeds, R/W or construction plans, R/W markers, etc.
2. Removal of small signs such as yard sale, small single post mounted real estate signs, etc. These signs will be disposed of immediately. Political signs shall be included in the category. See the Official Code of Georgia, Section 32-2-2 or Section 32-6-1.
3. Large signs mounted on two posts with sign faces of 4' x 6', 2' x 6', etc. Real estate or advertisement type signs, the owner or his representative should be notified by letter, either hand delivered or by mail from the Area Engineer or his representative that their sign is illegal under the Official Code of Georgia, Section 32-2-2 , Authority to Remove Obstructions, and the Official Code of Georgia, Section 32-6-1, Obstructing Encroaching on or Injuring Public Roads, and be given fifteen (15) days to remove the sign. If after 15 days the sign is not removed, the Dapartment's representative will remove the sign and retain it at the maintenance facility for 2 weeks prior to its disposal. These procedures should be followed unless the illegal sign is causing a traffic hazard such as blocking sight distance at an intersection. In that case the sign should be removed and retained at the maintenance facility for 2 weeks prior to disposal.
4. Billboard type signs will be addressed as follows. The owner will be notified by registered mail from the Traffic Operations Office that their sign is on the right-of-way making it illegal and requiring the sign be removed in 30 days. If the sign is not removed in 30 days, Traffic Operations will notify the District Maintenance Engineer to remove the sign and bill the expense to the owner.

Memorials and Monuments

Georgia does not allow roadside memorials and they are normally removed under routine maintenance activities. Even though the Department is sympathetic to grieving families, when memorials are installed in clear zone areas presenting a hazard to the traveling public the GDOT will take immediate steps to remove them. See attached Fact Sheet.

Document History:

• added to TOPPS: 06/05/06
• reviewed: 09/15/06

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