Political & Advertising Signs Prohibited on Highway Right-of-Way

The Town of Dayton Board and the Wisconsin Department of Transportation would like to remind the citizens of the Town of Dayton, that it is illegal to place signs within the limits of any highway, roadway, or street according to Wisconsin Statute Sections 86.19(1) and 86.191 and without the express written consent of the Waupaca County Highway Department, the Wisconsin Department of Transportation, or township, village, or city having jurisdiction of the roadway. County and state highways may be delineated by yellow R/W (right-of-way) markers, and if not, you must check with the Waupaca County Highway Department office to look up the exact width of right-of-way at a specific location as the right-of-way can vary. Also remember if you are going to put signs on private property, you need to get the owner’s permission. No sign is permitted on any highway right-of-way without written permission of the authority maintaining the highway. These signs include, but are not limited to, rummage sales, political, for sale by owner or realtor, etc. Many times these signs – often large ones – are placed in vision areas at intersections which could easily cause someone to be injured in a collision with a vehicle that is not seen because of a sign.

As a general rule, the highway right-of-way in rural areas includes the pavement, shoulders, both ditches, and back slopes to natural ground. Yard and lawn signs on private property are generally legal. No sign can be attached to any official sign, including the post.

The following are prohibited in the right-of-way of all highways: This list may be updated from time to time.

	Tilling or planting in right-of-way.
	Disposing of snow from private property onto highway.
	Removing dirt from right-of-way.
	Damaging ditch or highway by improper use of farm machinery thereon, and/or by farm animals.
	Permitting machinery to remain on right-of-way.
	Dumping garbage or refuse on right-of-way.
	Erecting structures on right-of-way
	Obstructing flow of water through drainage structure.
	Fences in right-of-way.
	Disposing of waste and sewage onto highway right-of-way.
	Illegal signs placed upon the highway right-of-way, including advertising signs
	Working on highway right-of-way without permit.
	Discharging tile onto right-of-way without permit.

 

The widths of right-of-ways vary greatly throughout the Town of Dayton. Assuming a constant right-of-way width is not correct in most instances. Detailed right-of-way information is available from the Town of Dayton.

Town of Dayton personnel will remove and dispose of any signs which violate these provisions on all township highways, under our jurisdiction. Owners can be issuanced a citation and a fine of between $25 and $100 per Wisconsin Statutes.