Minnesota Department of Transportation

511 Travel Info

MnDOT Policies

Art on the MnDOT Right of Way

MnDOT Policy #OE007
Revised: May 1, 2026

View/print signed policy (PDF)

Art on MnDOT Right of Way Application Procedures

Please go to the MnDOT Org Chart to find specific contact information: Org Chart.

Responsible Senior Officer: Deputy Commissioner/Chief Engineer
Policy Owner: Director, Office of Land Management
Policy Contact: Highway Sponsorship Program Supervisor, Office of Land Management

Policy statement

The Minnesota Department of Transportation (MnDOT) recognizes that public art can enhance the character and safety of transportation corridors while supporting tourism, local economies, and cultural identity. Art in the right of way improves the visual experience, deters crime through active use, and contributes to more welcoming, economically vibrant public spaces across Minnesota.

MnDOT supports the inclusion of public art in the right of way when it:

  • Benefits the traveling public by improving the visual quality of the transportation environment;
  • Contributes to safety through design that improves visibility, calms traffic, increases pedestrian awareness, and discourages vandalism by creating well-maintained spaces;
  • Reflects community identity and promotes a strong sense of place;
  • Encourages public engagement and partnership with local artists, governments, and organizations;
  • Aligns with MnDOT’s mission while leveraging transportation investments for broader public value.

Through thoughtful placement of public art in the right of way, MnDOT allows for the inclusion of art that reflects and celebrates the character, history, and culture of the communities along its highways.

MnDOT may accept donations of art for placement on its right of way in conformance with this policy and the Art on MnDOT Right of Way Application Procedures. Art is understood as both a physical installation and an intellectual creation, which inherently carries intellectual property rights such as copyright and trademark, and moral rights of attribution and integrity. These rights must be addressed in accordance with this policy and the Agreement for Art, which governs transfer of ownership and licensing.

An art project may possess functional as well as artistic qualities, it may be an integral part of transportation infrastructure, or it may be a discrete stand-alone work. For purposes of this policy, art does not include artwork within MnDOT managed office buildings, truck stations, research labs, and training centers.

MnDOT will only consider applications for art donations submitted by political subdivisions of the state, other state agencies, or Tribal governments, herein referred to as, “the applicant.” MnDOT will evaluate applications for art donations on a case-by-case basis, considering criteria, such as:

  • Potential safety issues
  • Potential maintenance concerns
  • Protection of the clear zone
  • Documented public support for the proposed art project
  • Potential to enhance the roadside environment

Art Ownership

All art installed or placed on MnDOT right of way, including airspace, will be a donation to and become the property of MnDOT. Artists will be required to transfer intellectual property rights (copyright, trademark, etc.) and associated rights to MnDOT. The Agreement for Art grants a license for intellectual property usage to the applicant. Passage of the license to the artist is at the discretion of the applicant.

Moral Rights Pursuant to the Visual Rights Act

Public safety and maintaining the transportation purpose of MnDOT right of way must always have priority over art on MnDOT right of way. Therefore, MnDOT must retain the right to change, modify, remove, or destroy art on MnDOT right of way as needed. To facilitate this, the artist of the proposed artwork must provide a completed and signed Waiver of Rights Pursuant to Visual Artists Rights Act form waiving the artist's right of integrity. The artist retains the right of attribution.

To the extent reasonable, MnDOT will, in coordination with the applicant, attempt to contact the artist and seek input on modification, removal, or destruction processes prior to modification, removal, or destruction of the art. Notwithstanding any provision of the Agreement for Art or its related documentation, however, MnDOT does not guarantee it will:

  • attempt to contact the artist in all circumstances;
  • attempt to contact the artist multiple times;
  • suspend or postpone modification, removal, or destruction of the artwork pending artist contact; or
  • follow the input of the artist.

In addition, MnDOT does not guarantee any modification(s) made will not alter the art in such a way that the artist's intention is no longer effectuated or in a manner prejudicial to the artist's honor or reputation. MnDOT similarly does not guarantee artwork of a recognized stature will not be removed or destroyed.

Artist and Sponsor Recognition

Subject to MnDOT approval, the artist, or sponsor of the approved art may be recognized on or adjacent to the art. The applicant is responsible for the costs involved with such recognition, including maintenance and traffic control as appropriate.

Financial Responsibilities

The applicant is required to assume full responsibility for all costs associated with the proposed art project, including but not limited to costs associated with design, public engagement, fabrication, installation, maintenance, operation (as necessary), and removal. MnDOT will not prohibit the applicant from seeking reimbursement, or other contribution from a third party, including the artist of the proposed art project, however the applicant's financial responsibility to MnDOT may not be assigned, transferred, or otherwise minimized or delegated.

Reason for policy

Federal Highway Administration (FHWA) regulations require that all real property in the right of way of federal­ aid highways, including airspace, be devoted exclusively to public highway purposes. However, the FHWA Administrator may approve a non-highway use based on a determination that it is in the public interest and will not impair the highway or interfere with the free flow of traffic thereon (23 CFR § 1.23). The regulations provide that FHWA will cooperate with state and local agencies to provide opportunities to display original works of art in highway rights of way (23 CFR § 752.2(b)).

The purpose of the policy is to:

  • Establish the process for the donation and placement of art on MnDOT right of way.
  • Provide the method for applicants to propose an art project.
  • Provide guidance on MnDOT evaluation of applications for art on MnDOT right of way.
  • Encourage creativity in all its forms and offer broad opportunities for participation.
  • Identify roles and responsibilities related to art on MnDOT right of way.
  • Ensure that MnDOT complies with applicable state and federal laws, including the Visual Artists Rights Act (VARA), 17 U.S.C. § 106A.

Applicability

For purposes of this policy, art includes original works of visual art created for placement on MnDOT right of way, either as a stand-alone feature or integrated into transportation infrastructure. Art may include murals, mosaics, sculptures, reliefs, or similar installations that express meaning. As a form of intellectual property, art is protected by legal and moral rights, which grant creators control over how their work is used, shared, and monetized.

This policy does not apply to the following:

  • Aesthetics;
  • Memorial Markers (pdf);
  • Municipal Identification Signs (Section 514 of the Right of Way Manual);
  • Landscaping, except when it is an essential feature of the art and the artist's original design; and
  • Commercially available surface treatments and signal and lighting cabinet wraps, including standardized or vendor-provided designs that are not attributable to an individual artist and do not involve original artwork or intellectual property rights.

All MnDOT employees must comply with this policy.

The following individuals must be familiar with this policy and the associated procedures:

  • Individuals involved in planning, designing, constructing, maintaining, or destruction of art on MnDOT right of way, including applicants, contractors, consultants, artists, and MnDOT staff.
  • MnDOT staff involved in the art on MnDOT right of way application review and determination process.
  • MnDOT staff involved in the agreement development, negotiation, and review process related to the donation, placement, maintenance, or removal of art on MnDOT right of way.

Key stakeholders with responsibilities under this policy include:

  • Applicants
  • Office of Land Management
  • Office of Chief Counsel
  • District staff, including but not limited to District Engineer, Planning and Program Delivery, Right of Way, Construction and Maintenance

Definitions

Aesthetics

Decorative elements or treatments as described in the Aesthetic Elements section of the MnDOT Cost Participation and Maintenance Responsibilities with Local Units of Government Manual.

Agreement for Art

A contract that formalizes the responsibilities of the applicant, MnDOT’s reserved rights, and the legal terms governing the installation, maintenance, and removal of the artwork.

Applicant

The governmental entity applying to donate art to the state for installation or placement on or in MnDOT right of way.

Art

Original works of visual art, created by an artist. Art may include murals, mosaics, sculptures, reliefs, or other creative works that express meaning. Art is both a physical installation and an intellectual creation that carries intellectual property rights, including copyright, trademark, and the moral rights of attribution and integrity under the Visual Artists Rights Act (17 U.S.C. § 106A). (See also 17 U.S.C. §101)

Artist

A person who creates a work of visual art. 

Author

As used in this policy and within the Visual Artists Rights Act, a person who creates a work of visual art. The term "artist" and "author" are used interchangeably in this policy and its related documentation.

Artwork of a Recognized Stature

A piece of art that is considered significant by the art community, art experts, or a segment of the public.

Copyright

A type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.

Create

A work of visual art is created when, by or under the authority of the artist, a work is sufficiently permanent or stable to allow it to be perceived, reproduced, or otherwise communicated for the first time.

(See 17 U.S.C. § 101)

Clear Zone

A roadside border area that is available for safe use by errant vehicles as determined in accordance with Chapter 3 of the AASHTO Roadside Design Guide.

Governmental Entities

A federal, state, local, or Tribal government that has been established and/or recognized by the U.S. Constitution, a state constitution, treaty, statute, or court decision.

Note: A governmental entity must be able to establish community standards for first amendment purposes and does not include a neighborhood or community group, metropolitan planning organization, regional agency, or a corporation.

Indian Country

As defined in 18 United States Code section 1151, Indian country includes reservations, allotments, and dependent Indian communities. Indian country may include off-reservation land. 

Note: See the Indian Country Guidance and the MnDOT Tribal Map Application for additional information.

Intellectual Property

Creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names and images used in commerce. Intellectual property is a property right established in law to exclude others from using, without authorization, intellectual creations.

License for Intellectual Property Usage (“License”)

Permission to use and exploit the art according to the terms in the Agreement for Art.

Miscellaneous Work Permit

Written permission issued by the applicable MnDOT district approving the use and occupancy of the right of way for the defined work activities.

MnDOT Right of Way

State of Minnesota owned property or easements managed by MnDOT including roads and highways, roadsides, bridges, structures, airspace, buildings, and grounds (including rest area buildings and grounds).

Public Engagement

A broad range of methods through which members of the public become more informed about and/or influence public decisions.

Rail Corridor

A continuous strip of real property that is used for rail service. The term includes the corridor and structures essential to railroad operations, including the land, buildings, improvements, rights-of-way, easements, rail lines, rail beds, guideway structures, switches, yards, parking facilities, power relays, switching houses, rail stations, any ancillary development, and any other facilities or equipment used for the purposes of construction, operation, or maintenance of a railroad that provides rail service.

Right of Attribution

The right of an artist of a work of visual art to claim creation of that work, prevent the use of their name as the creator of any work of visual art which they did not create, and prevent or rescind the use of their name as the artist of a work of visual art in the event of a modification of the work which would be prejudicial to the artist's honor or reputation. (See 17 U.S.C. § 106A(a)(1),(2)).

Right of Integrity

The right of an artist of a work of visual art to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to their honor or reputation and the right to prevent any intentional or grossly negligent destruction of a work of recognized stature. (See 17 U.S.C. § 106A(a)(3).)

Sponsor

A third-party stakeholder partnering with an applicant. A sponsor is typically not a governmental entity. A sponsor often partners with an applicant to provide funding and/or maintenance for the work of visual art.

State Rail Bank

Abandoned rail lines and right-of-way acquired by the Commissioner of Transportation pursuant to Minnesota Statutes § 222.63. (See State Rail Bank Corridors Map (pdf))

Trademark

Any word, phrase, symbol, design, or a combination of these things that identifies a good or service.

Responsibilities

Applicant

  • Follow the Art on MnDOT Right of Way Application Procedures to complete and submit preliminary and final applications for art on the MnDOT right of way and enter into the Agreement for Art.
  • Install, maintain, and remove art as directed by the Agreement for Art.
  • Maintain accurate contact information for the applicant and artist and provide updated information to MnDOT as appropriate or upon MnDOT's request.

District Staff

  • Serve as the initial point of contact for applicants.
  • Review and provide feedback on preliminary and final applications for art on MnDOT right of way.
  • In consultation with the Office of Land Management, route preliminary and final applications through the review and approval process.
  • Issue MnDOT Miscellaneous Work Permits for all art-related activities occurring within MnDOT right of way, including installation, ongoing maintenance, and removal.
  • Ensure that work permits reflect appropriate safety, traffic control, and maintenance requirements based on site conditions and the scope of work.
  • Provide notification to the Office of Chief Counsel (OCC) and the Office of Land Management (OLM) once a permit has been issued, to ensure proper coordination, legal oversight, and recordkeeping.
  • Maintain records of permits and associated documentation in accordance with MnDOT record retention policies.
  • The District Engineer reviews the Final Application for Art on MnDOT Right of Way and, if approved, signs the Agreement for Art, confirming that the proposed project is appropriate for the location and has been adequately reviewed from an engineering, safety, and operational perspective.

Office of Chief Counsel

  • Review the preliminary and final applications for art on MnDOT right of way and supporting documents to ensure compliance with applicable law and policy, including Waiver of Rights Pursuant to Visual Artist’s Rights Act (VARA). If the final application is approved, sign the Agreement for Art.
  • Prepare the Agreement for Art and ensure all signatures are obtained.
  • Provide legal guidance regarding compliance with the terms in the Agreement for Art.

Office of Land Management

  • Provide oversight of the application review and approval process to ensure it is completed in accordance with the Art on MnDOT Right of Way Application Procedures.
  • Consult with district staff to review and provide feedback on preliminary and final applications, and provide guidance on policy interpretation and process requirements, as appropriate.
  • Review the Final Application for Art on MnDOT Right of Way and, if approved, the Office Director signs the Agreement for Art.
  • Review the policy every two years, or sooner as necessary, to ensure the policy remains up to date.
  • Ensure procedures and other documents associated with the policy remain current.
  • Be aware of state, federal, enterprise, agency, or other requirements that apply to the policy or procedures.
  • Consult with the Office of Chief Counsel to ensure the policy and procedures remain compliant with all state, federal, enterprise, agency, or other requirements.
  • Ensure that necessary approvals by state or federal agencies are obtained before changes to the policy or procedures are implemented.
  • Work with the Policy Coordinator to revise the policy and/or confirm its accuracy.
  • Communicate policy revisions, reviews, and retirements to stakeholders.

Resources and related information

Forms

Processes, Procedures, and Instructions

Resources

History and updates

Adopted

April 7, 2016 (Policy #OP007)

Revised

  • First Revision: November 27, 2018
  • Second Revision: April 27, 2020 (updated policy owners and renumbered as #OE007)
  • Third Revision: May 1, 2026

Policy Review

This policy's next scheduled review is due May 2028.