Are roadside memorials allowed in Illinois? See the rules + alternative programs
Illinois sees more than 1,100 people killed in roadway crashes on an annual basis, and some surviving family members choose to honor their loved ones with roadside memorials.
But does Illinois state law prohibit or otherwise regulate the memorial installations?
The Illinois Department of Transportation has multiple official memorial programs for victims of fatal accidents, including a DUI Memorial Sign Program for people who are killed in crashes caused by drivers found to be under the influence of alcohol or other drugs. To participate in the program, an immediate family member must complete a memorial marker application.
IDOT also has a Fatal Accident Memorial Sign Program, which is not exclusive to victims who were killed in DUI-related crashes. An immediate relative of a victim who died due to a crash caused by a driver who committed reckless homicide or otherwise caused a fatal accident can apply for this program.
Official memorial signage is also available to honor Illinoisans who are killed in action while performing active military duty with the U.S. Armed Forces through the Heroes Way Designation Program.
Does Illinois allow homemade roadside memorials?
The short answer is, while Illinois state law does not explicitly allow homemade roadside memorials, state workers generally will not remove them unless they are causing an issue.
“In general, IDOT will not actively remove a ‘homemade’ memorial if it is relatively small, does not in our opinion constitute a traffic hazard (either physically or as a distraction), and does not interfere with our operations,” IDOT public information officer Paul Wappel said in an email to the News-Democrat.
“If we feel it must be removed and we know who erected it, we will ask them to remove it. If not, we will remove it and hold it for a reasonable period of time to see if someone claims it. One of the purposes of the Roadside Memorial Program is to provide a legal and safe alternative to the homemade memorials. The statute for the program (605 ILCS 125) states ‘The qualified relative shall agree not to place or encourage the placement of flowers, pictures, or other items at the crash site.’”
In an effort to avoid crashes, Illinois state officials recommend drivers follow safe driving practices such as avoiding distracted driving, stopping at a rest area if you become drowsy and moving over and slowing down for emergency vehicles and workers.
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