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Commissioners decline to authorize citizens to pick up signs from DOT right-of-way, citing liability concerns
Summary
A Pender County resident asked the Board to permit volunteers to collect illegally placed signs from DOT right-of-way. County staff and the attorney warned that endorsing citizen removal on DOT right-of-way could expose the county to liability; the Board voted to deny the request.
During public discussion the Board considered whether to permit county residents to remove temporary signage placed in DOT public right-of-way on the county’s behalf. Staff advised caution: the county’s Unified Development Ordinance restricts signage in public rights-of-way and staff said code enforcement has periodically removed signs. Planning staff emphasized safety and aesthetic concerns but said it would be inappropriate and potentially a liability for the county to endorse private citizens to enter DOT right-of-way to remove signs.
County Attorney John Thurman said the county could face legal exposure if it encouraged or authorized volunteers to work in the DOT right-of-way, particularly because precise right-of-way boundaries are not always obvious to a non‑surveyor and the DOT maintains its own standards for roadside work. After discussion the Board voted unanimously to deny the request to allow citizens to pick up signs on behalf of the county or DOT. Commissioners encouraged citizens to report violations to county staff so that authorized personnel can address them safely and in coordination with DOT.
Why it matters: The decision clarifies county liability exposure and preserves DOT’s control over its right-of-way. Staff said the county will continue enforcement actions through authorized code enforcement personnel.
