Last updated: September 26, 2026
Chuck Price has 35+ years of RV camping experience and travels in a 2018 Hymer Aktiv Class B.
Whether you can sleep at a rest area depends on the state. Of 25 states verified on September 26, 2026, three ban overnight parking: Maryland, Tennessee and Virginia. Fifteen of those 25 states set a stated stay limit, from 2 hours to 24 hours. Seventeen ban camping in the source checked.
Rules change, and individual rest areas post their own limits. Check the posted signs before you settle in for the night. This page covers state rules for public highway rest areas only.
At a glance
- Must-know: The federal rest area rule, 23 CFR 752, sets no stay limit or overnight rule.
- Trip killers: Maryland, Tennessee and Virginia ban overnight parking at rest areas. Nebraska defines camping as temporary lodging out of doors in a shelter such as a tent, trailer, station wagon or other vehicle, and bans it on roadside areas outside designated campsites. Tennessee and the Jugtown Mountain rest area on Route NJ 173 set 2-hour limits, per TDOT and an NJDOT traffic order.
- Best for: Drivers and RVers planning a rest stop or overnight stop in one of the 25 verified states.
- Confirm before you go: Read the posted signs at the rest area and check the state DOT website.
Rest area overnight parking laws by state
The table lists the 25 states whose rest area rules were verified at a state statute, state rule or state DOT page on September 26, 2026. Each row gives the time limit, the overnight or sleeping rule and the camping rule as the source states them. “Not stated” means the opened source is silent on that point. It does not mean the practice is allowed.
| State | Time limit | Overnight or sleeping rule | Camping rule | Source | Verified |
|---|---|---|---|---|---|
| Arizona | No hour limit listed | Not stated | Camping and campfires prohibited | ADOT Rest Area Rules | Sep 26, 2026 |
| California | 8 hours in any 24-hour period | Not stated | Prohibited | Caltrans Project Development Procedures Manual, Ch. 29 (2018), citing 21 CCR Div. 2, Ch. 20 | Sep 26, 2026 |
| Florida | 3 hours, up to 10 hours for commercial drivers under hours-of-service rules | Not stated | Prohibited | Fla. Admin. Code R. 14-28.002 | Sep 26, 2026 |
| Idaho | 10 consecutive hours at interstate rest areas, 16 hours at US and state highway rest areas | Not stated | Prohibited, including plugging camping devices into outlets or hooking hoses to faucets | ITD Rest Areas FAQ | Sep 26, 2026 |
| Illinois | 3 hours, with lower limits possible when posted near capacity | Not verified | Not verified | 92 Ill. Adm. Code 533.20 | Sep 26, 2026 |
| Kentucky | 4 hours in any 24-hour period at limited-access rest areas | Not stated | Not addressed | 603 KAR 5:040 | Sep 26, 2026 |
| Maryland | 3 hours without a permit from the caretaker or the Maryland State Police | Overnight parking prohibited | Prohibited | COMAR 11.04.07.07 and COMAR 11.04.07.11 | Sep 26, 2026 |
| Massachusetts | As shown on official signs, with vehicles left unattended over 30 consecutive minutes subject to towing where signs are posted | Not stated | Not addressed | 700 CMR 9.00 | Sep 26, 2026 |
| Minnesota | 4 hours where posted, up to 10 hours for commercial drivers under 49 CFR 395 | Not stated | Not stated | MnDOT Rest Area Governances | Sep 26, 2026 |
| Montana | 12 hours, one parking space per vehicle | Overnight parking allowed | Prohibited by MDT | MDT Rest Areas and MCA 60-6-202 | Sep 26, 2026 |
| Nebraska | None in the statute | Camping includes temporary lodging in a shelter such as a station wagon, trailer or other vehicle | Prohibited except at designated campsites | Neb. Rev. Stat. 39-312 | Sep 26, 2026 |
| Nevada | 18 hours in any 2-week period | Occupancy counts toward the 18 hours | Camping counts toward the 18 hours | NDOT, quoting NAC 408.595 | Sep 26, 2026 |
| New Hampshire | None found | No sleeping on the ground on public right-of-way or property without permission | No tents or camping devices on public right-of-way or property without permission | RSA 236:58 | Sep 26, 2026 |
| New Jersey | 2 hours at the Jugtown Mountain rest area on Route NJ 173 (single-facility order, not statewide) | Not stated | Not stated | NJDOT traffic order, Route NJ 173 | Sep 26, 2026 |
| North Carolina | None stated | Not stated | No tents, booths or structures for camping | NCDOT GO-7 | Sep 26, 2026 |
| Ohio | None stated, but no leaving a vehicle unattended for 3 hours without permission | Not addressed | Prohibited | Ohio Adm. Code 5501:2-4-01 | Sep 26, 2026 |
| Oregon | 12 hours in any 24-hour period | Not stated | Prohibited, including tents | ODOT TripCheck, citing OAR 734-030-0010 | Sep 26, 2026 |
| South Dakota | Resting in a vehicle up to 3 consecutive hours, 10 hours for commercial drivers | Resting in a vehicle allowed within the limit | Prohibited at interstate rest areas | SDCL 31-7-15 and SDCL 31-7-17 | Sep 26, 2026 |
| Tennessee | 2 hours | No overnight parking | Not stated | TDOT Welcome Centers and Rest Areas | Sep 26, 2026 |
| Texas | Up to 24 hours | Not stated | Not stated | TxDOT, citing Transp. Code 545.411 | Sep 26, 2026 |
| Utah | No maximum stated, with extended stays monitored by staff and the Highway Patrol | Extended stays permitted | All rest areas posted for no overnight camping | UDOT Rest Areas | Sep 26, 2026 |
| Vermont | None in the statute | Not stated | No overnight camping unless the facility is designated for it | 23 V.S.A. 1106 | Sep 26, 2026 |
| Virginia | None stated | No overnight parking, and no sleeping in the rest area building | Prohibited | 24VAC30-51-30 and 24VAC30-51-10 | Sep 26, 2026 |
| Washington | 8 hours in any 24-hour period, 48 hours for disabled vehicles, and commercial vehicles up to an hour beyond federally mandated rest periods | No tent or other sleeping accommodation | Prohibited | RCW 47.38.020 | Sep 26, 2026 |
| Wisconsin | 24 hours or the posted limit, whichever is shorter | Limit applies whether or not the vehicle is occupied | Prohibited | WisDOT Rest Area Guidelines | Sep 26, 2026 |
Rules for Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Missouri, New Mexico, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, West Virginia and Wyoming were not verified at a primary source for this update, so check posted signs and the state DOT before you stop in those states. In Michigan, MDOT has proposed rules that would allow overnight parking for 48 hours or as signed, with no camping, but those rules are not in effect.
Counts from the 25 verified rows:
- 3 states ban overnight parking: Maryland, Tennessee and Virginia.
- 15 states set a stated stay limit. Seven of those limits are 4 hours or less. Eight are 8 hours or more.
- 17 states ban camping or camping devices in the opened source.
- Montana is the only verified state whose source says overnight parking is allowed, for a maximum of 12 hours.
- Ohio and Massachusetts use an unattended-vehicle rule instead of a stay limit.
Time limit, overnight ban and camping ban are three different rules
A time limit, an overnight parking ban and a camping ban are separate rules. Maryland is the only verified state whose rules set all three: a 3-hour limit, an overnight parking ban and a camping ban.
- Time limit: caps how long you stay. California caps stays at 8 hours in any 24-hour period, per Caltrans.
- Overnight ban: bars parking overnight. Maryland’s COMAR 11.04.07.11 states, “Camping and overnight parking are prohibited.”
- Camping ban: turns on how the state defines camping. Nebraska’s definition names vehicles as camping shelters, as the next section explains.
Montana shows how two sources can set different figures. Montana Department of Transportation (MDT) allows overnight parking for up to 12 hours and prohibits camping at rest areas. The state statute, MCA 60-6-202, bans overnight camping on state highway right-of-way. That statute exempts “a designated rest area, parking area, or pullout specifically authorized for temporary parking and rest in compliance with department rule, not to exceed 24 hours.” The 12-hour cap comes from MDT’s own rest area page, not the statute.
Where the rules speak to sleeping at a rest area
Three of the 25 verified sources come closest to the question. Nebraska’s camping definition names vehicles, South Dakota protects temporary resting in a vehicle, and Virginia bans overnight parking and sleeping in the rest area building.
Neb. Rev. Stat. 39-312 states, “It shall be unlawful to camp on any state or county public highway, roadside area, park, or other property acquired for highway or roadside park purposes except at such places as are designated campsites”. The statute then defines camping. “Camping means temporary lodging out of doors and presupposes the occupancy of a shelter designed or used for such purposes, such as a sleeping bag, tent, trailer, station wagon, pickup camper, camper-bus, or other vehicle”. Under that wording, spending the night in a car, van or RV at a Nebraska roadside area outside a designated campsite fits the statute’s definition of camping. A violation is a Class V misdemeanor.
South Dakota’s SDCL 31-7-15 bans camping at interstate rest areas. SDCL 31-7-17 adds, “No person temporarily resting in any vehicle is in violation of the provisions of § 31-7-15.” Temporary resting means up to 3 consecutive hours, or 10 hours for commercial motor vehicle operators under federal rules.
Virginia rule 24VAC30-51-30, effective March 11, 2026, states, “No overnight parking is permitted in rest areas.” The same rule bars sleeping in any section of the rest area building at any time.
States with the shortest limits
Seven of the 25 verified states set a stay limit of 4 hours or less. Tennessee has the shortest statewide limit in the table at 2 hours, and TDOT also bans overnight parking. Florida, Illinois and Maryland allow 3 hours, per Fla. Admin. Code R. 14-28.002, 92 Ill. Adm. Code 533.20 and COMAR 11.04.07.07. South Dakota allows resting in a vehicle for up to 3 consecutive hours, per SDCL 31-7-17. Kentucky allows 4 hours in any 24-hour period at limited-access rest areas, per 603 KAR 5:040. Minnesota allows 4 hours where posted, per MnDOT. Posted signs can set a lower limit in Illinois. New Jersey’s 2-hour limit applies only at the Jugtown Mountain rest area on Route NJ 173, under an NJDOT traffic order.
Florida and Illinois set short limits, but neither opened rule text states an overnight parking ban. Massachusetts sets no rest-area hour count. Under 700 CMR 9.00, no one may park on a state highway longer than official signs allow. Where signs are posted, a vehicle left unattended over 30 consecutive minutes at a safety rest area falls under the no-parking and tow rules. The same rules allow towing of a vehicle parked on a state highway over 24 consecutive hours without the Department’s written permission.
States that allow a longer stop
Eight of the 25 verified states allow stays of 8 hours or more. Six of those eight still ban camping. California and Washington allow 8 hours in any 24-hour period, per Caltrans and RCW 47.38.020. Idaho allows 10 consecutive hours at interstate rest areas and 16 hours at US and state highway rest areas, per ITD. Oregon allows 12 hours in any 24-hour period, per ODOT, citing OAR 734-030-0010. Nevada allows 18 hours in any 2-week period for parking, camping or occupancy combined, per NDOT quoting NAC 408.595. Texas allows up to 24 hours under Texas Transportation Code 545.411, per TxDOT. Wisconsin allows 24 hours or the posted limit, whichever is shorter, whether or not the vehicle is occupied, and WisDOT reports long-term parking to the State Patrol.
Montana is the only verified state whose source says overnight parking is allowed. MDT states, “Overnight parking is allowed but limited to one parking space per vehicle and for a maximum of 12 hours.” Utah sets no maximum. UDOT states that “extended stays are permitted and are monitored by the on-site staff and the Highway Patrol,” and it posts all rest areas for no overnight camping.
Truck drivers and hours-of-service exceptions
Four of the 25 verified states give commercial drivers a longer stay. Florida, Minnesota and South Dakota allow up to 10 hours for commercial motor vehicle operators subject to hours-of-service rules, per Fla. Admin. Code R. 14-28.002, MnDOT and SDCL 31-7-17. Other motorists get 3 hours in Florida and South Dakota and 4 hours where posted in Minnesota. In Washington, RCW 47.38.020 states, “Commercial vehicles may park up to an hour beyond federally mandated rest periods.” Other vehicles there are limited to 8 hours in any 24-hour period.
For overnight options off the rest area system, see our guide to overnight RV parking at truck stops.
What federal rules say
The federal rest area regulation, 23 CFR 752, defines a safety rest area but sets no time limit or overnight rule. 23 CFR 752.3 defines a safety rest area as “A roadside facility safely removed from the traveled way with parking and such facilities for the motorist deemed necessary for his rest, relaxation, comfort and information needs.” Section 752.5 states, “No charge to the public may be made for goods and services at safety rest areas except for telephone and articles dispensed by vending machines.” The eCFR text checked for this update was current as of September 16, 2026.
Before you pull in: how to check a state not on the list
If your state is not in the table, check three places before you plan a night at a rest area.
- Read the signs at the rest area entrance and in the parking area.
- Find the rest area rules page on the state DOT website.
- Search the state’s statutes and administrative code for rest area or roadside park rules.
If a state bans overnight parking or camping at rest areas, plan the night somewhere else. Our Walmart overnight RV parking policy by state and our guide to where you can still stay overnight for free cover other options.
Before you count on any free spot, read the hidden costs of free RV parking. Then confirm the rule for your exact stop on the posted signs and the state DOT page.
Frequently asked questions
Can you sleep at a rest area?
It depends on the state. Of 25 states verified on September 26, 2026, Maryland, Tennessee and Virginia ban overnight parking at rest areas. Nebraska defines camping to include temporary lodging in a vehicle and bans it outside designated campsites. Montana allows overnight parking for up to 12 hours. Check posted signs before you sleep.
How long can you stay at a rest area?
Among the 15 verified states with a stated stay limit, limits run from 2 hours in Tennessee to 24 hours in Texas and Wisconsin. Nevada allows 18 hours in any 2-week period. California and Washington allow 8 hours in any 24. These rules were checked on September 26, 2026. Check posted signs.
Is sleeping in your car at a rest area the same as camping?
In Nebraska it can be. Neb. Rev. Stat. 39-312 lists a station wagon, trailer, pickup camper or other vehicle as camping shelters. Among the 25 verified states, only Nebraska’s source counts a vehicle as a camping shelter. South Dakota lets you rest in a vehicle for up to 3 consecutive hours. Rules checked September 26, 2026. Check posted signs.
Which states ban camping at rest areas?
Seventeen of the 25 states verified on September 26, 2026 ban camping or camping devices in the source checked. They are Arizona, California, Florida, Idaho, Maryland, Montana, Nebraska, New Hampshire, North Carolina, Ohio, Oregon, South Dakota, Utah, Vermont, Virginia, Washington and Wisconsin. Some bans are narrower, such as Vermont’s ban on overnight camping. Check posted signs.
Do truck drivers get longer at rest areas?
Yes, in 4 of the 25 verified states. Florida, Minnesota and South Dakota allow commercial drivers under federal hours-of-service rules up to 10 hours. Washington lets commercial vehicles park up to an hour beyond federally mandated rest periods. Rules checked September 26, 2026. Check posted signs.
Is there a federal rest area time limit?
No. The federal rule, 23 CFR 752, defines safety rest areas and bars charges for most goods and services, but it sets no stay limit or overnight rule. The limits in this guide come from state statutes, rules and DOT pages checked on September 26, 2026. Check posted signs at each stop.
What if my state is not in the table?
Its rules were not verified at a state statute, rule or DOT page on September 26, 2026, so this guide gives no row for it. Check posted signs at the rest area and the state DOT website before you stop. Michigan has proposed rest area rules, but they are not in effect.
