Bismarck Tribune

By KATIE BROWNBy KATIE BROWN

When motorists pass a decorated cross or a sign embellished with flowers on North Dakota roads, they know what it is for, and often, in close-knit communities, they know who it is for.

These memorials commemorate people who have died in traffic accidents, often well before their time.

But motorists might not see these memorials much longer. They are causing controversy in other states and may even be regulated in North Dakota by the end of this year. Officials say the memorials can be distracting for motorists and that maintaining them is dangerous.

Jerry Horner, state maintenance engineer for the North Dakota Department of Transportation, said there are no laws in NorthDakota regulating roadside memorials, but he is looking at options for handling them.

Horner said any new policies would apply mostly to the state highway system, which the DOT maintains. They would not apply to streets in town.

"We don't normally see memorials placed right in town anyway," he said.

Other states are handling the issue of roadside memorials differently.

Massachusetts, Colorado and Wisconsin prohibit them, and other states allow them under certain guidelines. Some states have a state-approved sign that can be purchased and displayed. For example, in New Mexico, residents can purchase a sign from the state for $200 that will remain in place for one year.

Right now, the North Dakota DOT handles roadside memorials on a case-by-case basis.

"If we have what we think is a problem, the DOT will work with the people that put the memorial up to solve it," Horner said.

He said the department's biggest concern with roadside memorials is that they might cause accidents. Officials look to be sure memorials do not have decorations on them that could fly into a windshield or are large enough to obstruct a motorist's view. He said maintaining the memorials also can be dangerous because it requires people to stop along the side of the road. He said officials prefer that people only set up memorials on the outer edges of the right of way.

Regulation of roadside memorials is a sensitive issue. People do not put up memorials intending to cause a dangerous situation.

"We want to keep in mind that there are people wanting to place these memorials," Horner said. "We want to accommodate them while maintaining safe roadways."

Horner's looking at options and the state's needs before putting together a plan for regulating roadside memorials.

"I am reviewing the situation to determine what policies to adopt on a formal basis," Horner said.

One option Horner has considered is choosing a standard state-approved sign that families can request be put up to commemorate loved ones lost in traffic accidents.

The Wyoming DOT allows only a standard sign the state will post if the immediate family of a fatality victim requests it in writing. The sign remains posted for five years. The small metal sign, designed by schoolchildren, has a picture of a dove flying over a heart.

Horner said he is looking at the choices North Dakota has before the DOT makes a decision.

Roy Towne III, of Bismarck, said using a standardized sign won't necessarily solve problems. Towne and his wife, Gail, put up a memorial near Exit 156 when their 13-year-old son Weston was struck by a car and killed there in 2003.

Towne said he and his wife maintain their son's memorial at least once a month and try to put up decorations that will not cause problems. He said using a standardized sign would not stop people from decorating them.

He said the DOT has taken down some of the decorations his family has put up, but usually there are no problems with maintaining the memorial.

Towne said using a standardized sign would be better than banning memorials completely like some states.

"I don't think banning memorials is the right thing to do," he said. "What lawmakers don't have to think about is the mourning of a loss, which is generally why these roadside memorials are put up."

Towne said the memorial helps keep Weston's memory alive and increases awareness in road safety.

"When we drive by the memorial, in a way it brings back painful memories, but it also brings back good memories of him," Towne said. "And it reminds drivers to be safer and maybe slow down a little when they see it."

Regulating roadside memorials is just another way the DOT is trying to make North Dakota roads safer.

"There's a statewide and nationwide effort to reduce the number of traffic fatalities," Horner said. "We use everything we can to reduce them."

Developing a plan for roadside memorials is part of Toward Zero Deaths, a statewide initiative the DOT began in July. The program has law enforcers and road maintenance engineers work together toward reducing the number of traffic fatalities in North Dakota.

Dawn Olson, DOT traffic safety manager, said the idea behind Toward Zero Deaths is to have everyone work together to move toward having zero traffic fatalities in the state.

"It's not an achievable goal to say zero deaths, but we want to move toward zero," Olson said. "There is really no acceptable number of fatalities on North Dakota roads."

Olson said the three aspects the initiative looks at are behavior, laws and responsiveness. With behavior, the program will urge drivers to be safe by taking action such as using safety belts and avoiding alcohol. Regarding laws, the program will be sure proper legislation is in place and officials have the ability to enforce the laws. Responsiveness pertains to emergency services being able to respond to accidents quickly to get those involved the care they need to survive a crash.

Olson said Toward Zero Deaths is more of a departmental strategy than a public initiative. That involves employees of different offices meeting with each other and working on a comprehensive safety plan.

"We're making sure all offices that handle traffic accidents are a lot more coordinated in their efforts," Olson said.

(Reach reporter Katie Brown at 250-8225 or katie.brown@;bismarcktribune.com.)