Every election cycle, the shoulders of highways and roadways everywhere are crowded with political signs. And while the candidates might not have much in common, their signs do: they’re all illegal when placed on state rights of way.

The Texas Department of Transportation is tasked not only with keeping roadways clear, but the shoulders of those roadways as well. “Imagine what the roadways would look like if everyone could place as many signs as they wanted along the edges of the highway,” said TxDOT public information officer Larry Krantz. “It would be a big, distracting mess that not only polluted the right of way, but made it difficult to see at intersections. We simply can’t allow that to happen.”

Of course, political signs make up only a modest percentage of all the different kinds of “encroachments,” or items placed illegally on the rights of way throughout the year.

“These are the same laws that for example forbid the installation of brick mailboxes or planting trees on state rights of way,” Krantz said. “The shoulders of roadways need to be kept clear so that anyone who leaves the roadway under any circumstances has a clear, safe place to come to a stop.” Besides, Krantz added, TxDOT’s federal funding can be withheld if it’s determined that the department is allowing its encroachment rules to be violated.

“That wouldn’t be good,” Krantz said.

There are no set distances from the pavement edge where the rights of way end, but Krantz said a rule of thumb for those considering placing a sign visible to highway traffic is to look for the utility poles.

“Utilities are almost always placed right at the outer edge of the state right of way,” Krantz said. “Nine times out of 10, if the utility poles are between your sign and the roadway, you’re in good shape.”

Still, to be safe, Krantz recommends contacting your local TxDOT office before putting up a sign to make sure it’s placed legally.