No person shall dig up, cut down, injure, destroy
or in any manner remove any trees growing upon the right of way of any
state highway without first procuring the written consent of the
Department of Transportation.Whenever any person, firm or corporation, including any public,
municipal or private corporation and any privately or publicly owned
utility or cooperative association, desires to dig up, cut down, injure,
destroy or in any manner remove any trees growing upon the right of way
of any state highway, such person shall file with the Department of
Transportation an application in writing, setting forth the reasons and
purpose for the removal or destruction of the trees.(1) Upon the filing of the application mentioned in ORS 377.040
the Department of Transportation may, if in its judgment and discretion
the destruction or removal of the trees will not mar or in any way affect
the scenic beauty of or otherwise harm, injure or affect the highway,
issue a permit authorizing the cutting down, digging up, removal or
destruction of the trees under such conditions and in such manner as the
department may in such permit designate.
(2) Such permits may be granted when it becomes necessary to cut or
remove brush and tree growth which otherwise would be hazardous to the
operation or maintenance of lines for the transmission of electric energy
or communication, or which would impair the efficiency of the service of
such lines to the public, but such cutting or removal shall be done in
such manner as not substantially to impair the scenic beauty of the
highway.HISTORIC AND SCENIC HIGHWAYSThe Oregon Transportation Commission shall conduct a study of
the historic, scenic and cultural values of the state highway system. The
study required by this subsection is subject to the following:
(1) In developing the study the commission shall appoint a
volunteer citizen advisory committee to advise the commission on the
study.
(2) The study shall identify and evaluate areas of the state
highway system for their historic, recreational or scenic significance.
(3) The study shall designate highways, portions of highways or
highway related structures as historic and scenic highways. [1983 c.552
§1; 1985 c.260 §1] When
a highway, portion of a highway or highway related structure is
designated as an historic and scenic highway under ORS 377.100, the
Oregon Transportation Commission and the Department of Transportation:
(1) Shall provide for the rehabilitation, restoration, maintenance
and preservation of those features of the highway or structure that have
historical, engineering, recreational, scenic or tourist related
significance, whenever prudent and feasible.
(2) May consult with the State Historic Preservation Officer, state
historic organizations and other appropriate groups or organizations to
determine how to best rehabilitate, restore, maintain and preserve the
significant features of the highway or structure.
(3) In all highway planning and funding considerations, shall
provide for the continuance of the significant features of the highway or
structure, whenever prudent and feasible.
(4) As the commission determines appropriate, may arrange for and
provide for posting of signs, consistent with ORS 377.700 to 377.840,
810.200 and 810.210, to inform the traveling public of the location and
significant features of the highway or structure.
(5) Shall not dismantle, destroy, abandon, significantly transform
or sell the highway or structure or any portion thereof or take any other
action that will adversely affect the preservation of the highway or
structure as an historic and scenic highway when it is prudent or
feasible not to take such action.
(6) May provide for bypass highways to divert damaging traffic from
use of the highway or structure or provide other means of limiting or
diverting use of the highway or structure by damaging traffic.
(7) Are directed to seek and may accept and use for the purposes of
this section and ORS 377.100 contributions, gifts, grants and moneys from
any source, public or private.
(8) May hold hearings that have been given appropriate public
notification before any significant action is taken relating to a
highway, portion of a highway or highway related structure that is so
designated.
(9) Shall consider aesthetics and environmental effects when the
only alternative to rehabilitation or restoration is to replace a portion
of a highway or highway related structure so designated. [1983 c.552 §2;
1985 c.16 §461; 1985 c.260 §2]SCENIC AREAS As used in ORS
377.505 to 377.540:
(1) “Public highway” means the entire width between the boundary
lines of every state highway as defined in ORS 366.005.
(2) “Scenic area” means an area adjacent to or along a segment of a
public highway that is within a federal or state park, is a site of
historical significance or affords a view of unusual natural beauty, and
has been established as a scenic area under the provisions of ORS 377.505
to 377.545 (1975 Replacement Part). [1961 c.614 §1; 1963 c.400 §15; 1965
c.219 §23; 1967 c.590 §13; 1977 c.578 §3; 1979 c.186 §15](1) No sign which is visible from a public
highway shall be erected or maintained in an area which has been
established by final order as a scenic area except:
(a) Directional or other official signs or notices.
(b) Signs advertising the sale or lease of the property upon which
they are located.
(c) Signs advertising only the name or nature of the business being
conducted on, or the products, facilities, goods or services being sold,
supplied or distributed on or from the premises on which the signs are
located.
(d) Signs approved by the Director of Transportation, or the
authorized representative of the director, erected and maintained by a
public utility or telecommunications utility for the purpose of giving
warning of the location of an underground cable or other installations.
(e) Signs identifying incorporated or unincorporated communities,
erected in compliance with ORS 377.715 and 377.756 to 377.758, that are
designed to complement the scenic quality of the area in which they are
erected. Signs located in snow zones may be more than eight feet in
height to compensate for snow if approved by the director.
(2) Unless adequately screened as provided in ORS 377.620 (3)(a) or
unless located within a zoned industrial area, no junkyard shall be
established which is visible from a public highway where the area
immediately adjacent to the public highway has been established by final
order as a scenic area. [1961 c.614 §7; 1965 c.219 §24; 1967 c.590 §14;
1987 c.447 §122; 1991 c.287 §1; 1993 c.741 §45] Any sign lawfully
maintained in a scenic area prior to the establishment of the area as a
scenic area and not included within the exceptions of ORS 377.510, shall
be removed by the owner thereof prior to seven years following the
establishment of the area as a scenic area, unless the sign is required
to be removed at an earlier date, pursuant to other state laws. [1961
c.614 §8; 1965 c.219 §25; 1967 c.590 §15] All scenic
areas designated prior to October 4, 1977, shall continue to retain their
designation as scenic areas. [1977 c.578 §2]Note: 377.521 was enacted into law by the Legislative Assembly but
was not added to ORS 377.505 to 377.540 by legislative action. See
Preface to Oregon Revised Statutes for further explanation.The Director of Transportation shall take
appropriate action for the administration and enforcement of orders
issued under the provisions of ORS 377.505 to 377.545 (1975 Replacement
Part). [1961 c.614 §10; 1963 c.400 §20; 1977 c.578 §4; 1993 c.741 §46]JUNKYARDS As used in ORS
377.605 to 377.655, unless the context requires otherwise:
(1) “Department” means the Department of Transportation.
(2) “Director” means the Director of Transportation.
(3) “Federal-aid primary system” means the federal-aid primary
system in existence on June 1, 1991, and any highway that is not on such
system but that is on the National Highway System.
(4) “Interstate System” means every state highway that is part of
the National System of Interstate and Defense Highways established by the
department in compliance with section 103(e) of title 23, United States
Code.
(5) “Junk” means old or scrap copper, brass, rope, rags, batteries,
paper, trash, rubber, debris, waste, or junked, dismantled, wrecked,
scrapped or ruined motor vehicles, or motor vehicle parts, iron, steel or
other old or scrap ferrous, or nonferrous material, metal or nonmetal
materials.
(6) “Junkyard” means any establishment or place of business where
there is accumulated on the premises eight or more motor vehicles or an
equivalent volume of junk that is maintained, operated or used for
storing, keeping, buying or selling of junk and the term includes
automobile graveyards, garbage dumps and scrap metal processing
facilities.
(7) “Maintain” means to allow to exist.
(8) “Main traveled way” means the through traffic lanes, exclusive
of frontage roads, auxiliary lanes and ramps.
(9) “State highway” or “state highway system” means the entire
width between the boundary lines of every state highway as defined in ORS
366.005, including but not limited to the Interstate System and the
federal-aid primary system.
(10) “Visible” means capable of being seen without visual aid by a
person of normal visual acuity.
(11) “Zoned industrial area” is an area adjacent to a state highway
or public highway which is zoned for industrial use under authority of
state law. [1967 c.590 §3; 1979 c.186 §16; 1979 c.210 §1; 1993 c.741 §47] The Legislative Assembly hereby
finds and declares that establishment, maintenance and operation of
junkyards along public highways should be controlled in accordance with
the provisions of ORS 377.605 to 377.655 in order to protect the public
investment in such highways, promote the safety and recreational value of
public travel on such highways, preserve natural beauty and aesthetic
features of such highways and adjacent areas, and maintain the
qualifications of this state for its share of federal-aid highway funds
payable under title 23, United States Code, and in furtherance of the
purposes previously established under ORS 366.556 to 366.578. [1967 c.590
§2](1) The Director of Transportation
shall promulgate such regulations as are necessary to carry out the
provisions of ORS 377.605 to 377.655. Except where federal law or rules
and regulations require otherwise as a condition to receipt of federal
granted funds, the rules shall be promulgated pursuant to ORS chapter 183.
(2) The director is authorized to enter into any necessary
agreements with the United States Government or any officer or agency
thereof authorized to make agreements pursuant to title 23, United States
Code, relating to the control of junkyards in areas adjacent to the state
highway system. [1967 c.590 §4; 1993 c.741 §48](1) Except as provided in subsection (3) of this section, no
junkyard in existence on June 30, 1967, may be maintained after June 30,
1967, within 1,000 feet of the nearest edge of the right of way of:
(a) The Interstate System.
(b) The federal-aid primary system.
(c) Other state highways, unless permitted by the Director of
Transportation and subject to rules adopted by the director.
(2) Except as provided in subsection (3) of this section, no
junkyard shall be established after June 30, 1967, within 1,000 feet of
the nearest edge of the right of way of any state highway or which is
visible from any public highway, as defined by ORS 377.505, where the
area immediately adjacent to the public highway retains designation as a
scenic area pursuant to ORS 377.521.
(3) Except as provided in ORS 377.510 relating to location of
junkyards within or adjacent to designated scenic areas, this section
does not prohibit the establishment or maintenance along state highways
of the following junkyards:
(a) Junkyards that are hidden or adequately screened by the terrain
or other natural objects, or by plantings, fences, or other appropriate
means so as not to be visible from the main traveled way of the state
highway, in accordance with regulations promulgated by the director.
(b) Junkyards located in zoned industrial areas.
(4) No owner or operator of a junkyard shall place any junk on a
state highway right of way. [1967 c.590 §5; 1975 c.262 §1; 1983 c.740
§122; 1993 c.741 §49] (1) Any
junkyard which is in existence on June 30, 1967, less than 1,000 feet
from the nearest edge of the right-of-way line and visible from the main
traveled way of the Interstate System or the federal-aid primary system
and is not in a zoned industrial area, may be screened by the Director of
Transportation, if economically and otherwise feasible, at locations on
the highway rights of way or in areas outside of the rights of way
acquired for such purposes by the Department of Transportation.
(2) Any junkyard which is in existence on June 30, 1967, less than
1,000 feet from the nearest edge of the right-of-way line and which is
visible from the main traveled way of any state highway other than the
Interstate System or federal-aid primary system and is not in a zoned
industrial area, may be screened by the director when it is financially,
economically and otherwise feasible. The screening may be located on the
highway rights of way or in areas outside the rights of way acquired for
such purposes by the department. [1967 c.590 §6; 1979 c.210 §2; 1993
c.741 §50] (1) Where a
junkyard is in existence on June 30, 1967, less than 1,000 feet of the
nearest edge of the right-of-way line of the Interstate System or
federal-aid primary system, is not in a zoned industrial area, and cannot
be effectively screened as provided in ORS 377.625 (1), then the
Department of Transportation may secure such interests in land as may be
necessary to relocate, remove or dispose of the junkyard and may pay for
the cost of relocation, removal or disposal thereof, as set forth in ORS
377.640.
(2) Where a junkyard is in existence less than 1,000 feet of the
nearest edge of the right-of-way line and visible from the main traveled
way of any state highway which becomes a part of the Interstate System or
federal-aid primary system and is not in a zoned industrial area, the
junkyard may be screened as provided in subsection (1) of this section or
may be relocated, removed or disposed of by the department after the
portion of the state highway involved becomes a part of the Interstate
System or the federal-aid primary system, as provided in subsection (1)
of this section.
(3) Where a junkyard is in existence on June 30, 1967, less than
1,000 feet of the nearest edge of the right-of-way line of any state
highway other than the Interstate System or federal-aid primary system,
is not in a zoned industrial area, and cannot be effectively screened as
provided in ORS 377.625 (2), then the department may, in its discretion,
secure such interests in lands as may be necessary to relocate, remove or
dispose of the junkyard. [1967 c.590 §7; 1979 c.210 §3](1) Any junkyard which comes into existence after June 30, 1967, and
which is in violation of ORS 377.620, is hereby found and declared to be
a public nuisance. The Director of Transportation, 30 days after written
notice is mailed to the person owning or operating the junkyard, may
institute, on behalf of the Department of Transportation any legal
proceedings the director considers necessary to prevent the violation of
ORS 377.620.
(2) Whenever the owner or operator of a junkyard places junk on
state highway right of way adjacent to or in the immediate vicinity of
the junkyard, the director, 10 days after written notice is mailed to the
person owning or operating the junkyard, may remove and store the junk.
Junk placed on a highway right of way adjacent to or in the vicinity of a
junkyard is prima facie evidence that it has been placed there by the
owner or the operator of the junkyard. After 30 days of storage, unless
claimed sooner by the owner, the director may sell or otherwise dispose
of the junk by sale or otherwise. When removal is performed by the
director, the director shall not be liable for conversion of any personal
property and the director may collect the director’s cost for removal,
storage and sale or disposal from the person owning the junk. [1967 c.590
§8; 1975 c.262 §2; 1979 c.210 §4; 1993 c.741 §51]The Department of Transportation may acquire by purchase,
agreement, donation, or the exercise of the power of eminent domain, such
lands or interest in lands as may be necessary for the screening or the
relocation, removal or disposal of junkyards. In exercising the power of
eminent domain the department shall be governed by the provisions of ORS
chapter 35. [1967 c.590 §9; 1971 c.741 §36](1) The Department of
Transportation may expend moneys appropriated to the department for the
purposes of the screening, relocating, removal or disposal of junkyards
as provided in ORS 377.625 to 377.640, except that the department may not
use moneys that are subject to the provisions of section 3a, Article IX
of the Oregon Constitution. Moneys appropriated for the purposes
specified in this subsection may be expended by the department unless and
until federal-aid matching funds are appropriated and made available to
the state for such similar purposes as provided in section 136, title 23,
United States Code.
(2) All money received by the Director of Transportation under ORS
377.505, 377.510, 377.515 and 377.605 to 377.655 shall be credited to the
State Highway Fund. [1967 c.590 §§10,11; 1983 c.338 §924; 1993 c.741 §52;
2001 c.750 §1]Any personal property not coming within the
definition of junk, except a vehicle as defined in ORS 801.590 or a
manufactured structure as defined in ORS 446.561, that is deposited, left
or displayed on a state highway is hereby found and declared to be a
public nuisance. The Director of Transportation may do any of the
following with respect to personal property declared to be a nuisance by
this section:
(1) Ten days after written notice is mailed to the person owning
the personal property, the director may institute on behalf of the
Department of Transportation any legal proceedings the director considers
necessary to prevent the violation of this section.
(2) Ten days after written notice, the director may remove the
personal property and store it. After 30 days of storage, unless claimed
sooner by the owner, the director may sell or otherwise dispose of the
personal property. Where removal is performed by the director, the
director shall not be liable for any conversion of personal property and
may collect the cost for removal, storage and sale or disposal of the
personal property from the person owning it.
(3) If the property is a sign, as defined under ORS 377.710, that
is portable or if the property has been repeatedly deposited, left or
displayed in violation of this section, the director may follow the
procedures under ORS 377.655. This subsection applies notwithstanding any
other provision of this section. [1975 c.262 §4; 1983 c.338 §925; 1985
c.110 §1; 1993 c.741 §53; 1999 c.59 §102; 2003 c.655 §73](1) The department shall adopt rules consistent
with this section to provide procedures for the removal and disposition
of portable signs or personal property that has been repeatedly left,
deposited or displayed in violation of ORS 377.650.
(2) Rules adopted by the department under this section may provide
for any of the following:
(a) A reduction in the times required for notice of violation,
opportunity for hearing, opportunity to remove the violation and removal
of the violation.
(b) Removal of the violation without prior notice if the person
committing the violation has been given prior notice of the violation. If
removal is provided under this paragraph, opportunity for hearing must be
provided by the rules within five days after the removal.
(c) Any other rules concerning removal and disposition of such
violations that the department determines will reduce the repeating of
such violations. [1985 c.110 §2]MOTORIST INFORMATION SIGNS(General Provisions)ORS 377.700 to 377.840 and 377.992 shall be
known and may be cited as the Oregon Motorist Information Act of 1971.
[1971 c.770 §1] To promote the public safety; to preserve the
recreational value of public travel on the state’s highways; to preserve
the natural beauty and aesthetic features of such highways and adjacent
areas; to provide information about and direct travelers to public
accommodations, services for the traveling public, campgrounds, parks,
recreational areas, and points of scenic, historic, cultural and
educational interest, it is the policy of this state and the purpose of
ORS 377.700 to 377.840 and 377.992:
(1) To establish official information centers and motorist
informational signs, including sign plazas in appropriate locations for
the convenient arrangement of those signs.
(2) To provide for publication and distribution of official
guidebooks and other publications.
(3) To prohibit the indiscriminate use of other outdoor advertising.
(4) To provide motorists, where feasible, a telephone emergency,
information and reservation system for lodging. [1971 c.770 §2; 1999
c.877 §1](1) The Department of Transportation
shall ensure that all construction and engineering plans for state
highways identify the locations of motorist informational signs, tourist
oriented directional signs and logo signs. The department shall adopt
written plans for protecting the signs from damage during construction.
(2) If any sign specified in subsection (1) of this section is
damaged, destroyed or lost as a result of work on a highway done by the
department, the department shall repair or replace the sign. [2001 c.402
§2]Note: 377.707 was added to and made a part of 377.700 to 377.840 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) As part of the negotiation process between the
Department of Transportation and another road authority concerning
transfer of jurisdiction over a state highway from the department to the
other road authority, the department shall identify any tourist oriented
directional signs and logo signs on the state highway that will be
affected by the transfer. If there are such signs, the department shall
notify the Travel Information Council of the proposed transfer of
jurisdiction.
(2) When signs described in subsection (1) of this section are
identified, the road authority that will receive jurisdiction over the
state highway shall, as part of the negotiation process, agree in writing
to protect the signs from destruction or removal. The transfer of
jurisdiction may not take place until the receiving road authority has
entered into the written agreement described in this subsection.
(3) After the transfer of jurisdiction, the Travel Information
Council shall retain authority over signs on the highway as though the
highway were still a state highway.
(4) After a transfer of jurisdiction over a state highway from the
department to another road authority, the council shall notify the
receiving road authority of any request for a new sign and shall request
approval of the sign’s location from that road authority. [2003 c.388 §2]Note: 377.708 was added to and made a part of 377.700 to 377.840 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. As used in ORS
377.700 to 377.840 unless the context otherwise requires:
(1) “Back-to-back sign” means a sign with multiple display surfaces
mounted on a single structure with display surfaces visible to traffic
from opposite directions of travel.
(2) “Business identification sign” means a sign not exceeding 32
square feet that identifies a business and that displays only information
necessary to adequately describe the business and the direction and
distance to the business.
(3) “Commercial or industrial zone” means an area, adjacent to a
state highway, that is zoned for commercial or industrial use by or under
state statute or local ordinance.
(4) “Council” means the Travel Information Council created by ORS
377.835.
(5) “Cutout” means every type of display in the form of letters,
figures, characters or other representations in cutout or irregular form
attached to and superimposed upon a sign.
(6) “Department” means the Department of Transportation.
(7) “Directional sign” means a sign:
(a) Identifying and containing directional information to one or
more public places owned or operated by federal, state or local
governments or one of their agencies;
(b) Identifying and containing directional information to publicly
or privately owned natural phenomena or historic, cultural, scientific,
educational and religious sites; or
(c) Identifying and containing directional information to areas of
natural scenic beauty or areas naturally suited for outdoor recreation,
deemed to be in the interest of the traveling public.
(8) “Director” means the Director of Transportation.
(9) “Display surface” means the area of a sign made available for
the purpose of displaying the advertising or informational message.
(10) “Double-faced sign” means a sign with multiple display
surfaces with two or more separate and different messages visible to
traffic from one direction of travel.
(11) “Erect” means to construct, build, assemble, place, affix,
attach, create, paint, draw or in any way bring into being or establish.
(12) “Federal-aid primary system” or “primary highway” means the
federal-aid primary system in existence on June 1, 1991, and any highway
that is not on such system but that is on the National Highway System.
(13) “Freeway” means a divided arterial highway with four or more
lanes available for through traffic with full control of access and grade
separation at intersections.
(14) “Governmental unit” means the federal government, the state,
or a city, county or other political subdivision or an agency thereof.
(15) “Interstate highway” or “interstate system” means every state
highway that is a part of the National System of Interstate and Defense
Highways established pursuant to section 103(e), title 23, United States
Code.
(16) “Logo” means a symbol or design used by a business as a means
of identification of its products or services.
(17) “Logo sign” means a sign located on highway right of way on
which logos for gas, food, lodging and camping are mounted.
(18) “Maintain,” “maintained,” “maintaining” or “maintenance”
includes painting, changing advertising or information on display
surfaces, adding or removing a cutout, routine repairs necessary to
maintain the sign in a neat, clean, attractive and safe condition, and
the term includes allowing to exist.
(19) “Main-traveled way” means the through traffic lanes, exclusive
of frontage roads, auxiliary lanes and ramps.
(20) “Motorist informational sign” means a sign erected in a safety
rest area, scenic overlook or sign plaza and maintained under the
authority of ORS 377.700 to 377.840 to inform the traveling public about
public accommodations, services for the traveling public and points of
scenic, historic, cultural, scientific, outdoor recreational and
educational interest.
(21) “Nonconforming sign” means a sign that is subject to, but does
not comply with, the provisions of ORS 377.700 to 377.840.
(22) “On-premises sign” means a sign designed, intended or used to
advertise, inform or attract the attention of the public as to:
(a) Activities conducted on the premises on which the sign is
located; or
(b) The sale or lease of the premises on which the sign is located.
(23) “Outdoor advertising sign” means a sign designed, intended or
used to advertise, inform or attract the attention of the public as to:
(a) Goods, products or services which are not sold, manufactured or
distributed on or from the premises on which the sign is located;
(b) Facilities not located on the premises on which the sign is
located; or
(c) Activities not conducted on the premises on which the sign is
located.
(24) “Protected area” means an area located within 660 feet of the
edge of the right of way of any portion of an interstate highway
constructed upon any part of right of way, the entire width of which was
acquired by the State of Oregon subsequent to July 1, 1956, and which
portion or segment does not traverse:
(a) A commercial or industrial zone within the boundaries of a
city, as such boundaries existed on September 21, 1959, wherein the use
of real property adjacent to the interstate highway is subject to
municipal regulation or control; or
(b) Other areas where land use, as of September 21, 1959, is
established as industrial or commercial pursuant to state law.
(25) “Reconstruction” means replacing a sign totally or partially
destroyed, increasing its size or performing any work, except maintenance
work, that alters or changes a sign authorized to exist under the
provisions of ORS 377.700 to 377.840.
(26) “Relocation” includes, but is not limited to the removal of a
sign from one situs together with the erection of a new sign upon another
situs as a substitute therefor.
(27) “Rest area” means an area established and maintained within or
adjacent to a state highway right of way by or under public supervision
or control for the convenience of the traveling public, and includes
safety rest areas, scenic overlooks or similar roadside areas.
(28) “Secondary highway” means any state highway other than an
interstate highway or primary highway.
(29) “Sign” means any sign, display, message, emblem, device,
figure, painting, drawing, placard, poster, billboard or other thing that
is designed, used or intended for advertising purposes or to inform or
attract the attention of the public, and the term includes the sign
structure, display surface and all other component parts of a sign; when
dimensions of a sign are specified, the term includes panels and frames;
and the term includes both sides of a sign of specified dimensions or
area.
(30) “Sign area” means the overall dimensions of all panels capable
of displaying messages on a sign structure.
(31) “Sign plaza” means a structure erected and maintained by or
for the department or the Travel Information Council, adjacent or in
close proximity to a state highway, for the display of motorist
information.
(32) “Sign regulations for protected areas” means regulations
promulgated by the department applicable to signs erected within
protected areas prior to, and in effect on, July 2, 1971, or amendments
to such regulations promulgated by the department.
(33) “Sign structure” or “structure” means the supports, uprights,
braces, framework and display surfaces of a sign.
(34) “State highway,” “highway” or “state highway system” means the
entire width between the boundary lines of the right of way of every
state highway, as defined by ORS 366.005, and the terms also include the
interstate system and the federal-aid primary system.
(35) “Tourist oriented directional sign” means a sign erected on
state highway right of way to provide business identification and
directional information for services and activities of interest to
tourists.
(36) “Traffic control sign or device” means an official route
marker, guide sign, warning sign, or sign directing or regulating
traffic, which has been erected by or under the order of the department.
(37) “Tri-vision sign” means an outdoor advertising structure that
contains display surfaces composed of a series of three-sided rotating
slats arranged side by side, either horizontally or vertically, that are
rotated by an electromechanical process, capable of displaying a total of
three separate and distinct messages, one message at a time, provided
that the rotation from one message to another message is no more frequent
than every eight seconds and the actual rotation process is accomplished
in four seconds or less.
(38) “V-type sign” means two signs erected independently of each
other with multiple display surfaces having single or multiple messages
visible to traffic from opposite directions, with an interior angle
between the two signs of not more than 120 degrees and the signs
separated by not more than 10 feet at the nearest point.
(39) “Visible” means capable of being seen without visual aid by a
person of normal visual acuity, whether or not legible from the
main-traveled way of any state highway.
(40) “Waiver” means an agreement executed between the owner of a
sign, the owner of the property on which the sign is located and the
department which provides that those signs erected adjacent to an
interstate or primary highway after October 22, 1965, shall be removed,
with partial compensation or no compensation, as provided by the
agreement. [1971 c.770 §3; 1973 c.790 §1; 1974 c.33 §1; 1975 c.336 §1;
1977 c.265 §1; 1983 c.111 §1; 1987 c.336 §2; 1993 c.741 §54; 1999 c.877
§2] (1)
Notwithstanding the provisions of ORS 377.700 to 377.780, the owner of
any outdoor advertising sign in existence on June 12, 1975, located in a
commercial or industrial zone in existence on June 12, 1975, that meets
all requirements for obtaining an outdoor advertising sign permit as set
out in ORS 377.700 to 377.780 and for which the owner had not secured an
outdoor advertising permit as required by ORS 377.725 prior to June 12,
1975, either because of ignorance of the requirements of ORS 377.725 or
because the area, road or street adjacent to which the sign was situated
was not, at that time, designated as a state highway, shall be entitled
to the issuance of an outdoor advertising sign permit by the Department
of Transportation upon application by the owner of the sign and the
payment of the fee established by the department under ORS 377.729.
(2) Notwithstanding the provisions of ORS 377.700 to 377.780, the
owner of any outdoor advertising sign visible from a road or street that
is designated as a state highway after February 19, 1990, is entitled to
the issuance of an outdoor advertising sign permit for the sign upon
application by the owner of the sign, payment of the fee established by
the department under ORS 377.729 and receipt of the affidavit required
under ORS 377.723, if the sign was legally located within a commercial or
industrial zone at the time of designation as a state highway. [1977
c.265 §7; 1993 c.376 §1; 2001 c.104 §127; 2001 c.750 §4]Note: 377.712 was enacted into law by the Legislative Assembly but
was not added to or made a part of any series in ORS chapter 377 by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.(Signs, Generally)ORS
377.700 to 377.840, and the rules adopted pursuant thereto, apply to
outdoor advertising signs, on-premises signs and directional signs
erected or maintained outside the right of way along state highways and
visible to the traveling public from a state highway. A person may not
erect or maintain an outdoor advertising, on-premises or directional sign
visible to the traveling public from a state highway, except where
permitted outside the right of way of a state highway, unless it complies
with the provisions of ORS 377.505 to 377.540, 377.700 to 377.840, and
the rules adopted pursuant thereto, and with applicable federal
requirements as of October 23, 1999, including any statute, regulation or
contract. A person may not erect or maintain an outdoor advertising sign,
directional sign or on-premises sign on the right of way of a state
highway. [1971 c.770 §8; 1973 c.790 §2; 1974 c.33 §2; 1975 c.336 §2; 1983
c.111 §2; 1987 c.336 §3; 1999 c.877 §3] A sign may not be erected or
maintained if it:
(1) Interferes with, imitates or resembles any official traffic
control sign, signal or device, or attempts or appears to attempt to
direct the movement of traffic.
(2) Prevents the driver of a motor vehicle from having a clear and
unobstructed view of official traffic control signs and approaching or
merging traffic.
(3) Contains, includes or is illuminated by any flashing,
intermittent, revolving, rotating or moving light or moves or has any
animated or moving parts. This subsection does not apply to:
(a) A traffic control sign.
(b) Signs, displays, devices or portions thereof with lights that
may be changed at intermittent intervals by electronic process or remote
control providing only public service information such as time, date,
temperature, weather or similar information.
(c) Signs, displays, devices or portions thereof with lights that
may be changed at intermittent intervals by electronic process or remote
control and that advertise activities conducted on the premises where the
sign, display or device is located.
(d) A tri-vision sign, if allowed specifically for Oregon, in
writing, by the United States Department of Transportation.
(4) Has any lighting, unless such lighting is so effectively
shielded as to prevent beams or rays of light from being directed at any
portion of the main traveled way of a state highway, or is of such low
intensity or brilliance as not to cause glare or to impair the vision of
the driver of a motor vehicle or otherwise to interfere with the
operation thereof.
(5) Is located upon a tree, or painted or drawn upon a rock or
other natural feature.
(6) Advertises or calls attention to a business or other activity
or a profession, commodity, product, service or entertainment no longer
carried on, produced, sold or offered.
(7) Advertises activities that are illegal under any state or
federal law applicable at the location of the sign or of the activities.
(8) Is not maintained in a neat, clean and attractive condition and
in good repair.
(9) Is not able to withstand a wind pressure of 20 pounds per
square foot of exposed surface.
(10) Is on a vehicle or trailer that is located on public or
private property. This subsection does not apply to a vehicle or trailer
used for transportation by the owner or person in control of the
property. [1971 c.770 §15; 1973 c.790 §3; 1977 c.256 §2; 1981 c.392 §1;
1999 c.877 §4]Notwithstanding any other provision of
ORS 377.700 to 377.840, the Department of Transportation shall not issue
a permit under ORS 377.725 or 377.767 unless the applicant for the permit
submits affidavits that meet the following requirements:
(1) The applicant must submit an affidavit from each city or county
that would have jurisdiction over the proposed sign.
(2) Each affidavit must contain a certification by the respective
city or county that the proposed sign would comply with all applicable
ordinances, plans, rules and other requirements of the city or county.
(3) Each affidavit must be on a form prepared by the department.
[1981 c.329 §2; 1987 c.336 §4; 1993 c.741 §55](1) Unless an annual permit has been issued therefor, an
outdoor advertising sign or a directional sign shall not be erected,
maintained or replaced by any person.
(2) A person may apply for a permit to the Director of
Transportation on forms furnished by the director. The permit application
shall include a precise description of the sign and such other
information as the director considers necessary or desirable to determine
compliance with ORS 377.700 to 377.840. The director shall issue a permit
for a sign that complies with ORS 377.700 to 377.840. A valid permit may
be transferred to another person upon written notice to the director.
(3) A permit shall not be issued for an outdoor advertising sign or
a directional sign located adjacent to an interstate highway or freeway
unless the director determines that access to the sign from the
interstate highway or freeway can be obtained without violating the
access control line of the interstate highway or freeway.
(4) A permit shall be renewed annually on the first day of January.
Application for renewal of a permit shall be filed prior to expiration of
the term of the permit. If application for renewal of a permit is filed
within 30 days after the expiration of the term, the permit shall be
granted if any additional fee specified by the department in rules
adopted under ORS 377.729 is paid at the time the application is filed.
Any permit not renewed in accordance with this section shall be canceled.
(5) Permit fees for purposes of this section are as established by
the department by rule under ORS 377.729.
(6) A permit shall be issued for one year. The applicable fee shall
accompany the permit application. A fee shall not be prorated for a
fraction of a year or be refunded if the sign is removed.
(7) Advertising or information on the display surface of a sign may
be changed or cutouts may be attached or removed within the sign area
without obtaining a permit. However, a permit shall be obtained if the
sign is reconstructed.
(8) A reconstruction permit may be issued for the addition of
another face on the opposite side of an existing, conforming sign under
permit, that is no larger than the existing sign face.
(9) The director shall cancel a permit and require removal of the
sign as provided by ORS 377.775 if the director finds a sign has been
erected, maintained or serviced from the highway right of way at any
portion of the right of way where the Department of Transportation has
acquired rights of access to the highway or rights of access have not
accrued to the abutting property. In addition, the department may recover
from the owner of the sign or person erecting, maintaining or servicing
the sign, the amount of damage to landscaping, sodding, fencing, ditching
or other highway appurtenances resulting from such acts.
(10) The director may revoke a permit, unless a corrected
application is filed or the sign is brought into compliance within 30
days after written notice thereof is mailed to the permittee, if the
director finds:
(a) The applicant has knowingly supplied materially false or
misleading information in the application for a permit or renewal
thereof; or
(b) The sign covered by the permit is in violation of ORS 377.700
to 377.840.
(11) The director shall cancel a permit immediately upon failure of
a permittee to erect or maintain the sign as described by the permit
application and to attach a permit tag thereto within 120 days after the
date of issuance of the permit therefor.
(12) The director shall assign to every permit when issued for an
outdoor advertising sign and a directional sign a permit plate with an
identification number. The permittee shall attach the applicable permit
plate to the sign so as to be visible from the adjacent state highway.
The absence of a permit plate or failure to renew the permit annually is
prima facie evidence that the sign does not comply with ORS 377.700 to
377.840.
(13) Except as otherwise provided in ORS 377.712 and 377.765, no
permits shall be issued for the erection of any new outdoor advertising
sign after June 12, 1975.
(14) The director may establish more than one class or type of sign
permit as necessary or desirable to carry out ORS 377.700 to 377.840.
[1971 c.770 §23; 1973 c.790 §4; 1974 c.33 §3; 1975 c.336 §4; 1977 c.265
§2; 1985 c.553 §1; 1993 c.376 §2; 1993 c.741 §56; 1999 c.877 §5; 2001
c.750 §5; 2003 c.126 §1](1) Permits may be issued under ORS
377.725 for the following signs visible from state highways, except those
highways on the interstate system:
(a) Notwithstanding the provisions of ORS 377.725 (13), business
identification signs and benches utilized as outdoor advertising signs.
(b) Notwithstanding the provisions of ORS 377.715, 377.725 (13) and
377.770, outdoor advertising signs on bus shelters erected or maintained
for use by and convenience of customers of a mass transit district, a
transportation district or any other public transportation agency.
(2) The annual fee for a permit under this section shall be
established by the Department of Transportation by rule as provided in
ORS 377.729.
(3) The Oregon Transportation Commission shall establish, by
administrative rule, the number, size and location of the signs and the
criteria for the issuance of permits under this section. [1977 c.265 §8;
1979 c.146 §3; 1981 c.308 §2; 1999 c.877 §6; 2001 c.750 §6] In addition to
the provisions of ORS 377.725, directional signs shall meet the following
requirements:
(1) The maximum area shall be 150 square feet; the maximum height
shall be 20 feet; and the maximum length shall be 20 feet. Dimensions and
area under this subsection shall be computed to include border and trim,
but exclude supports.
(2) No directional sign may be located within 2,000 feet of an
interchange or intersection at grade along the interstate system or other
freeway measured along the interstate highway or freeway from the nearest
point of the beginning or ending of pavement widening at the exit from or
entrance to the main traveled ways.
(3) No directional sign may be located within 2,000 feet of a rest
area, park land or scenic area.
(4) No directional sign shall be located within one mile of any
other directional sign facing the same direction of travel.
(5) No more than two directional signs pertaining to the same
attraction or activity and facing in the same direction of travel may be
erected along a single route approaching the attraction or activity.
(6) No directional signs located adjacent to the interstate system
shall be located more than 75 air miles from the attraction or activity.
(7) The message on a directional sign shall be limited to
identification and name of the attraction or activity and directional
information useful to the traveler in locating the attraction, such as
mileage, route number or exit numbers. Descriptive words or phrases
describing the activity or its environs are prohibited. However, one
standard size graphic may be placed on each sign if not prohibited by
federal statutes or regulations.
(8) Privately owned activities or attractions eligible for
directional signing are limited to the following: Natural phenomena,
scenic attractions, historic, educational, cultural, scientific and
religious sites, and outdoor recreational areas.
(9) To be eligible for directional signing, privately owned
attractions or activities must be nationally or regionally known, and of
outstanding interest to the traveling public. The Department of
Transportation shall, by rule, develop specific selection methods and
criteria to be used in determining whether or not an activity qualifies
for directional signing. Because viticultural areas defined by the Bureau
of Alcohol, Tobacco and Firearms are scenic attractions and cultural
sites that are regionally known and of outstanding interest to the
traveling public, viticultural areas meet the qualifications under this
subsection and subsection (8) of this section for directional signing.
(10) The Department of Transportation shall adopt such rules as it
deems necessary to carry out the provisions of this section. [1974 c.33
§8; 1999 c.663 §1] The
Department of Transportation may adopt rules establishing permit fees for
purposes of ORS 377.725 and fees for an outdoor advertising business
license issued under ORS 377.730. Fees established by the department
shall be designed to recover the cost to the department of regulating
signs that are outside the right of way of a highway but are visible from
the highway. [1985 c.553 §4; 1987 c.336 §1; 2001 c.750 §2](1) A person shall not engage in the
business of erecting or maintaining outdoor advertising signs for other
persons without first obtaining an annual license therefor from the
Director of Transportation and paying the annual license fee established
by the Department of Transportation by rule as provided in ORS 377.729.
(2) An application for a license or renewal thereof shall be made
on a form furnished by the director, shall contain such pertinent
information as the director may require and shall be accompanied by the
applicable annual fee. A license granted under this section expires on
June 30 of each year. The fee shall not be prorated. The director shall
by certified mail send to each licensee a notice of expiration of license
and a renewal application form not less than 30 days before the date of
expiration.
(3) If the director finds that an applicant has knowingly provided
materially false or misleading information in the application or that a
licensee has violated any of the provisions of ORS 377.700 to 377.840,
the director may revoke, suspend for a period of up to one year or refuse
to renew the license unless a corrected application is filed or the
violation ceases, within 30 days after written notice to do so is mailed
to the applicant or licensee. During the suspension of a license, the
licensee may continue in business, but shall not erect or reconstruct any
sign requiring a permit under ORS 377.700 to 377.840. [1971 c.770 §22;
1973 c.790 §5; 1993 c.741 §57; 2001 c.750 §3](1) If applicable federal requirements as of October 23, 1999, are
met, the permit requirements of ORS 377.700 to 377.840 do not apply to:
(a) Signs of a governmental unit, including but not limited to
traffic control or regulatory devices, legal notices or warnings.
(b) A temporary sign on private property if:
(A) The sign does not exceed 12 square feet;
(B) The sign is not on a permanent base;
(C) The sign does not remain in place for a period of more than 60
days in a calendar year, except that a sign erected by a resident on the
resident’s residential property may remain in place for longer than 60
days in a calendar year;
(D) No person receives compensation for displaying the sign; and
(E) The sign complies with ORS 377.720.
(c) On-premises signs.
(2) The Department of Transportation may adopt rules that, for good
cause shown, allow a person displaying a temporary sign to obtain a
variance from the restrictions in subsection (1)(b) of this section. The
department shall not consider the content of the sign in deciding whether
to allow a variance.
(3) The department shall adopt rules for the approval and
preservation of historic signs. Rules adopted under this subsection may
not be based on or allow consideration of the content of the signs.
(4) The department shall adopt rules for the installation and
maintenance of permanent signs that do not exceed six square feet and
that provide information for the safety or convenience of the public.
(5) ORS 377.700 to 377.840 do not apply to an outdoor advertising
sign erected or maintained within a city more than 660 feet from the
nearest edge of the right of way of a state highway, unless the sign is
designed to be viewed primarily from the state highway. [1971 c.770 §14;
1973 c.790 §6; 1975 c.336 §5; 1977 c.265 §3; 1987 c.336 §5; 1993 c.741
§58; 1999 c.877 §7]Nothing in ORS 377.700 to 377.840
and 377.992 is intended to permit a person to erect or maintain any sign
that is prohibited by any governmental unit. [1971 c.770 §25] (1) An outdoor
advertising sign shall not exceed:
(a) A length of 48 feet;
(b) A height, excluding foundation and supports, of 14 feet; or
(c) A sign area of 825 square feet.
(2) In determining the dimensions of a sign or sign area under this
section:
(a) Cutouts that project beyond the borders of a sign shall be
included in measuring the area of a sign, but not the height or length of
a sign. The sign area of cutouts shall be no more than 20 percent of the
area of the sign to which attached.
(b) The limitations apply to each side of a back-to-back sign.
(c) The size limitations apply to each sign forming a V-type sign.
(d) The size limitations apply separately to each of the three
display surfaces on a tri-vision sign. [1971 c.770 §20; 1973 c.790 §7;
1999 c.877 §8] (1) For the purpose of applying the
spacing provided by subsection (2) of this section:
(a) Distances shall be measured lineally along the highway and
parallel to the center line of the highway.
(b) A back-to-back, double-faced, V-type or tri-vision sign shall
be considered one sign.
(c) Distance from an interchange shall be measured from a point
departing from or entering onto the main-traveled way.
(2) Minimum spacing between outdoor advertising signs shall be:___________________________________________________________________________
___ Minimum space Minimum
between signs on space from
Type of highway same side of interchange
where erected highway (in feet) (in feet)Interstate Highway
Inside cities 500
None
Outside cities 2,000
500
Freeway
Inside cities 500
None
Outside cities 1,000
500
Other state highway
Inside cities 100
None
Outside cities 500 [1971 c.',7'70 §21; 1973 c.790 §8; 1997 c.249 §120; 1999 c.877 §9](1) The Department of Transportation shall issue permits for
the erection of signs authorized by ORS 377.756 to 377.758. Subject to
subsections (2) and (3) of this section, permits shall be issued at no
cost to any city or county that applies or to any nonprofit or civic
applicant approved by a city or county. Each permit entitles the holder
of the permit to erect one sign in accordance with this section.
(2) Each city may be given permits under this section entitling the
city to erect not more than two signs that are visible from state
highways and that are within the city limits or, pursuant to a memorandum
of understanding with appropriate federal authorities, are no more than
one mile outside of the city limits. The permits may be given directly to
the city or may be given to a nonprofit or civic organization designated
by the city governing body.
(3) Each county may be given permits under this section entitling
each unincorporated community identified in the county comprehensive
plan, as defined in ORS 197.015, to erect not more than two signs that
are visible from state highways and that are within one mile of the
community growth boundary as designated by the county. The permits may be
given directly to the county or, if the county governing body so
authorizes, to an unincorporated community or a nonprofit or civic
organization designated by the county governing body.
(4) The department may not issue more than 200 permits under this
section. [1987 c.631 §2](1) A sign authorized by ORS 377.756 shall not exceed 48
square feet in size and may not have a vertical or horizontal dimension
of more than eight feet. Nothing in this subsection affects size
requirements for signs of a governmental unit that are authorized under
ORS 377.735.
(2) Signs erected pursuant to ORS 377.756 to 377.758 shall be kept
in good repair and shall be clean and attractive.
(3) A county may require an unincorporated community authorized to
erect a sign under ORS 377.756 to 377.758 to pay for the cost of erecting
and maintaining the sign.
(4) If a city or county obtains a permit under ORS 377.756 for a
nonprofit or civic organization, the city or county may require the
organization to pay the cost of erecting and maintaining the sign.
(5) Signs erected pursuant to ORS 377.756 to 377.758 shall conform
to the provisions of ORS 377.720. [1987 c.631 §§3,4]If appropriate federal authorities notify the Department of
Transportation that the erection of a sign pursuant to any of the
provisions of ORS 377.756 to 377.758 is contrary to any federal law, the
department shall cease issuing permits and shall cause any signs erected
pursuant to ORS 377.756 to 377.758 to be removed. [1987 c.631 §5; 2001
c.104 §128](1) Outdoor advertising signs in existence on June 12,
1975, and lawfully located within commercial or industrial zones in
existence on June 12, 1975, and outdoor advertising signs visible from a
road or street that is designated as a state highway after February 19,
1990, lawfully located within a commercial or industrial zone at the time
of designation as a state highway, may remain. Subject to the provisions
of ORS 377.700 to 377.840, such signs may be maintained, reconstructed
and relocated. However, such signs shall not be relocated unless a
relocation permit has been issued therefor pursuant to ORS 377.767. No
permit may be issued to relocate an outdoor advertising sign that was not
in existence on June 12, 1975, except that signs that are visible from a
road or street that is designated as a state highway after February 19,
1990, and that were lawfully located within a commercial or industrial
zone at the time of designation as a state highway, may be relocated
within the same section of the road or street.
(2) All outdoor advertising signs which are lawfully located
outside of a commercial or industrial zone and visible from an interstate
highway or a primary highway shall be removed forthwith upon payment of
just compensation as provided by ORS 377.780.
(3) Upon payment of just compensation any outdoor advertising sign
located in a scenic area designated pursuant to ORS 377.505 to 377.540
may be removed forthwith.
(4) Where an outdoor advertising sign was reconstructed under a
waiver, upon payment of just compensation for that portion of the value
which is not covered by the waiver, such outdoor advertising sign may be
removed forthwith.
(5) Outdoor advertising signs in existence on July 1, 1971, which
are lawfully located outside of a commercial or industrial zone in
existence on July 1, 1971, and visible from a secondary highway and not
within a scenic area existing on July 1, 1971, or thereafter designated a
scenic area may be removed only upon payment of just compensation as
provided in ORS 377.780. Such a sign may, upon payment of such just
compensation, be removed forthwith. It may not be reconstructed or
replaced if destroyed by natural causes and it may not be moved to a
different location.
(6) Subject to subsection (2) of this section, every outdoor
advertising sign erected since October 22, 1965, pursuant to a waiver,
adjacent to an interstate highway or a primary highway and outside of a
commercial or industrial zone shall be removed forthwith, without payment
of compensation, unless an owner of such a sign or signs, within 10 days
after April 18, 1973, enters into an agreement transferring title to the
signs to the state. Such an agreement may provide for the leasing back of
such signs and for a scheduled removal which shall be not later than
December 31, 1975.
(7) If a secondary highway existing on July 2, 1971, is
subsequently designated as an interstate or primary highway, outdoor
advertising signs not conforming to the provisions of ORS 377.700 to
377.840 shall be removed upon payment of just compensation.
(8) If any other highway is designated as an interstate or primary
highway, a nonconforming outdoor advertising sign lawful before such
designation but nonconforming thereafter shall be removed upon payment of
just compensation.
(9) Upon the construction or designation of a secondary highway,
after July 2, 1971, an outdoor advertising sign lawfully in existence and
not regulated under ORS 377.700 to 377.840 prior to such construction or
designation shall be governed by subsection (5) of this section.
(10) Any outdoor advertising sign lawfully in existence outside of
a city on July 2, 1971, beyond 660 feet from the nearest edge of the
right of way of an interstate or primary highway and designed to be
viewed primarily from such highway shall be removed by July 1, 1976,
without compensation. [1971 c.770 §18; 1973 c.28 §1; 1973 c.790 §11; 1975
c.336 §7; 1993 c.376 §3]A permit shall be issued for the relocation of an outdoor
advertising sign lawfully erected in a commercial or industrial zone in
existence on June 12, 1975, if the site lease for said sign is terminated
for any reason. The existing sign may be relocated in any commercial or
industrial zone upon the following conditions:
(1) The sign that is relocated shall not have a sign size larger
than that specified in the permit for the sign located on the site on
which the lease was terminated. However, a sign 250 square feet or more
may be increased to the maximum size allowed by the provisions of ORS
377.700 to 377.840 if not relocated so as to be visible from Interstate
Highway 5, Interstate Highway 205, or Interstate Highway 84.
(2) The site for the relocated sign is not within the distances set
out below, on the same side of the highway, from a site from which an
outdoor advertising sign was purchased pursuant to the provisions of ORS
377.700 to 377.840.
___________________________________________________________________________
___ Distance in Either
Types of Highway Direction from SiteInterstate 2,000 feet
Freeway 1,000 feet
Other State Highway 500 feet___________________________________________________________________________
___
(3) Where a sign is relocated in a commercial or industrial zone
which first came into existence after January 1, 1973, the site shall be
within 750 feet of a developed commercial or industrial area, as measured
parallel to the centerline of the highway. For the purposes of ORS
377.710, 377.715, 377.725, 377.735, 377.770, 377.773, 377.780, 377.800
and 377.845 and this section, a “developed commercial or industrial area”
shall include only the land occupied by a building, parking lot, storage
or processing area of a commercial or industrial use and on the same side
of the highway.
(4) After October 4, 1977, no permit shall be issued to relocate a
sign more than 100 miles from the site of an existing sign as of
September 1, 1977, as measured along public streets, roads or highways
between that site and the proposed new site.
(5) In accordance with applicable provisions of ORS chapter 183,
the Department of Transportation may adopt rules to:
(a) Prohibit the erection of signs, including relocation of signs,
along any portion of U.S. Highway 101 if the signs or the erection of
such signs would violate federal scenic byway laws or regulations or
conditions of federal grants relating to scenic byways.
(b) Establish design standards for signs on any highway or portion
of highway that is designated a scenic byway by the Oregon Transportation
Commission.
(6) If the sign that is relocated is relocated as a tri-vision
sign, three equivalent permits must be issued for the sign and the sign
must meet all requirements of this section. [1975 c.336 §9; 1977 c.265
§4; 1983 c.226 §1; 1993 c.268 §1; 1997 c.249 §121; 1999 c.877 §10]Notwithstanding any provision in ORS 377.700 to 377.840 to
the contrary:
(1) Issuance of a permit under ORS 377.767 to relocate a sign for
which a permit has been issued under ORS 377.725 shall not cancel the
original permit issued under ORS 377.725 except as provided in this
section. The applicant for the permit to relocate shall surrender the
original permit to the Director of Transportation upon issuance of the
permit to relocate. Upon completion of the relocation of the sign, the
person holding the permit for relocation of the sign shall notify the
director.
(2) The director shall retain any permit surrendered under
subsection (1) of this section. If the director:
(a) Is notified that the relocation of the sign is completed within
120 days after the issuance of the permit for relocation, the director
shall cancel the original permit.
(b) Cancels the permit for relocation of the sign because the
relocation of the sign is not completed within 120 days as required under
ORS 377.725, the director shall return the original permit for the sign
to the person whose permit for relocation of the sign is canceled.
(3) A permit that is returned under subsection (2) of this section
remains valid and retains all rights under ORS 377.725 of a permit that
has not been surrendered under this section. [1979 c.146 §2; 1993 c.741
§59] (1)
Signs and outdoor advertising signs erected or maintained within
protected areas shall comply with the sign regulations for protected
areas. If any provision of ORS 377.700 to 377.840 or rules promulgated
pursuant thereto are more restrictive than the sign regulations for
protected areas, the more restrictive provision or rule applies.
(2) In addition to the requirements provided by subsection (1) of
this section, and subject to ORS 377.505 to 377.540, 377.720, 377.725,
377.745, 377.750 and 377.767:
(a) Outdoor advertising signs in existence on June 12, 1975, may be
maintained, reconstructed or relocated in commercial or industrial zones.
Within cities, an outdoor advertising sign shall not be erected more than
660 feet from the nearest edge of the right of way if such sign is
designed to be viewed primarily from a state highway.
(b) The Legislative Assembly declares it is the paramount policy of
this state to prohibit outdoor advertising signs except those in
existence on June 12, 1975, in commercial or industrial zones established
on June 12, 1975, except as provided by ORS 377.765 and 377.767. [1971
c.770 §19; 1973 c.790 §12; 1974 c.33 §5; 1975 c.336 §10] Any outdoor advertising sign
which does not have copy on the display surface for a period of six
months shall be deemed to have been abandoned by the owner thereof and
becomes a noncomplying sign subject to removal by the Director of
Transportation under the procedure set forth in ORS 377.775. [1974 c.33
§7; 1975 c.336 §11; 1993 c.741 §60](1) Any sign
that fails to comply with ORS 377.700 to 377.840 hereby is declared to be
a public and private nuisance. In addition to the penalties provided by
ORS 377.992 for violation thereof, such a sign may be removed by the
Director of Transportation or the duly authorized representative of the
director as provided by this section. The director may enter upon private
property and remove the sign without incurring any liability therefor.
(2) If a noncomplying sign does not bear the name and address of
its owner or if the owner is not readily identified and located, the
director may remove it immediately.
(3)(a) If a noncomplying sign bears the name and address of its
owner or if the owner of the sign is readily identified and located, the
director shall notify the owner that the sign is in violation of ORS
377.700 to 377.840 and that the owner has 30 days from the date of the
notice within which to make the sign comply, to remove the sign or to
request a hearing before the director within the time specified in the
notice.
(b) If the sign is not made to comply or is not removed and if the
owner does not request a hearing within the time required, or if the
owner after a hearing fails to comply with the final order in the
proceedings, the director or the duly authorized representatives of the
director may remove and destroy or otherwise dispose of the sign.
(4)(a) If the person who receives notice under subsection (3) of
this section intends to raise issues regarding ownership interests in the
sign or its appurtenances in a hearing requested under subsection (3) of
this section, the request for hearing must include notice that the person
intends to raise those issues and must contain the names and addresses of
all persons who have ownership interests in the sign or its appurtenances.
(b) If the person requesting the hearing under subsection (3) of
this section fails to include notice of intent to raise issues regarding
ownership interests, the person may not raise the issues in the hearing.
In addition, the person who requested the hearing may not raise issues
regarding ownership interests of any person whose name and address the
person who requested the hearing has failed to provide as required by
paragraph (a) of this subsection.
(c) For purposes of this subsection, an ownership interest
includes, but is not limited to:
(A) An interest in the land on which the sign is located, in the
sign structure and in the sign face; and
(B) A right to operate the sign, whether the right is created by
lease, operating agreement or otherwise.
(5) The director shall, after removing a sign in accordance with
subsection (2) of this section, place it in storage for 30 days while the
director makes a further effort to find its owner. If the owner cannot be
found within that time, the director may, without incurring any liability
therefor, destroy or otherwise dispose of the sign. If the owner is found
within that time, the owner may be required to remove the sign from
storage; and if the owner is found at any time, the director may recover
from the owner the cost of storage. The cost of storage is in addition to
the cost of removal payable under subsection (6) of this section.
(6) The owner is liable for, and the director shall collect, the
costs of removing a sign. Costs shall be determined by the director on
the basis of actual costs of removal or on a square-foot flat fee basis.
(7) If a sign does not bear the name and address of its owner, the
advertisement thereon of the goods, products, facilities, services or
business of a person or commercial enterprise is prima facie evidence of
ownership of the sign by that person or commercial enterprise. [1971
c.770 §17; 1973 c.790 §13; 1977 c.265 §5; 1993 c.741 §61; 2001 c.508 §2]If the Department of Transportation has issued three or more
final orders in a 12-month period finding that a person has violated one
or more provisions of ORS 377.700 to 377.840, the Director of
Transportation may file an action for injunctive relief to enjoin the
person, or any other entity substantially controlled or directed by the
person, from further violating ORS 377.700 to 377.840. The action may be
filed in the Circuit Court for Marion County or in the circuit court of
the county that is the principal place of business or residence of the
person the director seeks to enjoin. [2001 c.508 §5]Note: 377.777 was added to and made a part of 377.700 to 377.840 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) Where the Department of
Transportation elects to remove and pay for a sign visible from secondary
highways pursuant to ORS 377.765 (5), just compensation shall be paid
upon the removal thereof.
(2) For the purposes of ORS 377.700 to 377.840, the department may
acquire by purchase, agreement, donation or exercise of the power of
eminent domain land or an interest in land or a sign. It shall pay just
compensation for:
(a) The taking from the owner of such lawfully placed sign all
right, title, leasehold and interest in such sign; and
(b) The taking from the owner of the real property on which the
sign is located the right to place such sign thereon.
(3) When the department is required under ORS 377.700 to 377.840 to
make payment therefor to remove a sign, the payment shall be for the
value of the items specified by subsection (2) of this section, as
determined by the department. In determining value, the department shall
use the accepted appraisal method customarily used in such cases or the
method prescribed by federal regulations, if any, applicable to such
appraisals or payments, whichever results in the lowest valuation.
However, in any case, the department shall so appraise such signs or
rights taken by whatever method may be required to avoid imposition of a
reduction in the amount of federal highway funds the state otherwise
would be eligible to receive. [1971 c.770 §16; 1973 c.790 §14; 1975 c.336
§12](1) The Travel Information Council may enter
into contractual or other agreements with other governmental agencies of
this state or an independent contractor to study various ways of
providing information deemed necessary to the motoring public by signs,
information centers or other means. The council may also enter into
contractual or other agreements with other governmental agencies of this
state or an independent contractor for the construction of experimental
signs or displays to provide information deemed necessary to the motoring
public.
(2) Notwithstanding any other provisions of ORS 377.700 to 377.840,
the Travel Information Council shall institute logo sign and motorist
informational sign programs on the state highway system and adopt any
rules necessary to carry out such programs. [1979 c.478 §§5,7]Pursuant to the terms of a written
agreement between the Department of Transportation and the Travel
Information Council:
(1) The department shall furnish, erect and maintain motorist
informational signs, logo signs, tourist oriented directional signs and
sign plazas as requested by the council. Such signs shall be erected and
maintained at locations the council considers appropriate. The department
may contract for the furnishing, erection and replacement of all such
sign plazas, logo signs, tourist oriented directional signs and motorist
informational signs to be erected upon a state highway, in tourist
information centers, rest areas or other places.
(2) In carrying out its responsibilities under ORS 377.700 to
377.840 the council may enter into contractual or other agreements with a
city, county or other governmental agency of this state or with an
independent contractor providing for the erection, maintenance,
administration and operation of sign plazas, logo signs, tourist oriented
directional signs and motorist informational signs and collection of the
permit fees charged therefor, or for other matter authorized under ORS
377.700 to 377.840 requiring council consideration. When soliciting
contracts for goods or professional services, the council shall:
(a) Require that an independent contractor, city, county or other
governmental agency of the state submit a competitive bid;
(b) Review bids submitted;
(c) Select the contractor; and
(d) Enter into a written contract with the selected contractor,
subject to contract specifications established by the department. [1971
c.770 §6; 1973 c.790 §16; 1983 c.111 §3; 1993 c.745 §7; 2003 c.14 §164](1) Whenever the Travel Information
Council establishes a telephone reservation system for lodging
accommodations or other travel services at a sign plaza, the costs
thereof shall be apportioned among the subscribing motels, hotels,
trailer parks, campgrounds or providers of other travel services on a per
room or other equitable basis.
(2)(a) Whenever the council establishes a tourist and motorist
information Internet webpage, or cooperates with the Department of
Transportation or another public or private entity to provide information
about travel services through an Internet webpage, the council may charge
a fee for advertisement by, or information provided on the Internet
webpage on behalf of, the providers of travel services.
(b) The council may not place an advertisement for a provider of
travel services on an Internet webpage identified as a department
webpage. The department may place a link to the council’s Internet
webpage on an Internet webpage identified as a department webpage.
(3) If the council and the Department of Transportation decide to
use the telephone system or the tourist and motorist information Internet
webpage for emergency or other services, an appropriate portion of the
overall telephone and Internet costs shall be borne by the department.
(4) Receipts shall be deposited monthly, before the 10th day of the
month, to the Travel Information Council account required by ORS 377.840.
(5) The council may enter into one or more contracts providing for
the promotion and sale of logos, motorist informational signs, sign
plazas, subscriptions to the telephone reservation service and
subscriptions to the tourist and motorist information Internet webpage.
[1971 c.770 §7; 1973 c.790 §17; 1993 c.745 §8; 2001 c.296 §1; 2003 c.14
§165]For the convenience and information of the traveling public, a
person may upon obtaining a permit therefor display messages as may be
allowed by rule adopted by the Travel Information Council for the
particular type of sign on a motorist informational sign, tourist
oriented directional sign, logo sign or at a sign plaza. [1971 c.770 §9;
1973 c.790 §18; 1975 c.336 §13; 1983 c.111 §4](1) The Travel Information Council shall by regulation
prescribe the size, shape, color, lighting, and lettering of and manner
of displaying messages on tourist oriented directional signs, logo signs
and motorist informational signs.
(2) When appropriate, logo signs, tourist oriented directional
signs and motorist informational signs shall be displayed in tiers or on
panels. With the approval of the Director of Transportation, the council
shall specify the types of locations where such a sign or panel may be
erected or maintained, and the size, shape, lighting and other
characteristics of the panels, including the location of signs thereon.
Tiers or panels may be established at reasonably spaced intervals or at
sign plazas.
(3) Distinctive signs shall be allowed to the extent considered
practicable by the council. Logo signs shall be the primary means used to
indicate the availability of one or more brands of motor fuel. Logos
shall be of the shape, color and wording customarily used by the company.
Logo signs and tourist oriented directional signs shall be placed
adjacent to the traveled portion of the highway so as to be easily read
by motorists without slowing or stopping. [1971 c.770 §10; 1973 c.790
§19; 1983 c.111 §5; 1993 c.741 §62](1) An application for a tourist
oriented directional sign, logo sign or a motorist informational sign
permit shall be submitted to the Travel Information Council on a form
prescribed by the council. The application shall set forth the name and
address of the applicant; the name, nature and location of the business
or activity; the location where a tourist oriented directional sign, logo
sign or a motorist informational sign is desired; and such other
information as the council may require. The applicant shall tender with
the application the permit fee required under ORS 377.825 for each sign
requested.
(2) Upon receipt of an application for a tourist oriented
directional sign, logo sign or a motorist informational sign, the council
shall refer the application to the Department of Transportation. Upon
receipt of the application the department shall do all the following:
(a) Notify any city in which a sign is proposed to be located of
the proposed location and composition of the sign and seek comments from
the city.
(b) Investigate the facts and make a report to the council with its
recommendations thereon.
(c) Not recommend approval of an application unless the requested
location conforms to the requirements prescribed by the council under ORS
377.805 and, if applicable, unless the applicant is complying with all
statutes and rules of the State Health Officer regarding restaurants and
places of public accommodation.
(d) Notify the council promptly in writing of the results of its
investigation and its recommendations and the reasons for any recommended
disapproval.
(3) If the council approves the application it shall issue the
permit and forward the original to the applicant and a copy thereof to
the director. If it is not approved, the council shall return the
application and fee, stating the reasons for disapproval and giving the
applicant opportunity to correct any defects or to be heard within 30
days by the council and to present evidence, with or without counsel at
the applicant’s discretion. Upon written request, the council shall hear
the matter and notify the applicant of its findings and decision. The
applicant may then appeal in the manner provided by ORS chapter 183.
[1971 c.770 §24; 1973 c.790 §20; 1983 c.111 §6; 1983 c.523 §1a; 1993
c.741 §63](1) An applicant for a logo sign, tourist oriented
directional sign or a motorist informational sign shall pay to the Travel
Information Council an initial permit fee and an annual renewal fee which
shall be determined for each year by the council in advance of such year.
(2) The council may establish a fee schedule for maintenance costs.
(3) The council may establish a fee for reinstallation of a sign
that has been removed. [1971 c.770 §27; 1973 c.790 §21; 1983 c.111 §7;
1991 c.525 §1; 1999 c.38 §1]Notwithstanding any other provisions of ORS 377.700 to
377.840, the Travel Information Council shall not issue, for any one
place or business eligible therefor, more than two permits for motorist
informational or logo signs for one direction of travel on a state
highway leading to the place or business. Where a logo is available it
shall be used and shall be one of the two allowable signs. [1971 c.770
§11; 1973 c.790 §22; 1983 c.111 §8](Administration)(1) The Travel Information Council is
created as a semi-independent state agency.
(2) The Travel Information Council shall consist of 11 members. One
shall be the chairperson of the Oregon Transportation Commission or a
person within the Department of Transportation designated by the
chairperson and 10 appointed members as follows: Two members from among
the lodging, restaurant and recreation industries; one member from the
vehicular service industry; one member from the outdoor advertising
industry; one member from the electrical sign industry; and five members
from the public at large. The public at-large members shall be appointed
from among the residents of each congressional district. None of the
public at-large members shall have any financial interest in any
restaurant, hotel, motel, recreational facility, garage, oil company or
other vehicular service industry, or in any advertising business other
than shares of stock that are traded on a national stock exchange.
(3) The 10 appointed members shall be appointed by the Governor.
Each shall be appointed to serve for a term of four years but a member
may be removed at the pleasure of the Governor. Before the expiration of
the term of a member, the Governor shall appoint a successor whose term
begins on July 1 next following. A member is eligible for reappointment.
If there is a vacancy for any cause the Governor shall make an
appointment to become effective immediately for the unexpired term. Five
shall be appointed biennially on July 2 in odd-numbered years.
(4) The council shall select one of its members as chairperson,
another as vice chairperson and a third as secretary. Six members shall
constitute a quorum for the transaction of business. The council shall
meet quarterly at a time and place to be determined by the chairperson.
The chairperson or any three members of the council may call a special
meeting upon not less than one week’s written notice to the other
members. All members are entitled to expenses as provided by ORS 292.495.
(5) The council may, in accordance with ORS chapter 183 and
consistent with ORS 377.700 to 377.840, adopt and from time to time amend
and repeal rules relating to tourist oriented directional signs, logo
signs and motorist informational signs and all other matters necessary
and appropriate to carry out its responsibilities under ORS 377.700 to
377.840. The sign rules for protected areas in effect on July 2, 1971,
shall be continued in effect unless modified by the commission. All such
rules shall be consistent with federal laws and regulations relating to
highways. The Director of Transportation shall take appropriate action
for the administration and enforcement of orders issued and rules adopted
under ORS 377.700 to 377.840.
(6) The commission may continue or amend any existing agreements
and may enter into new agreements with the United States or any agency
thereof authorized to make agreements under section 131, title 23, United
States Code relating to the regulation, control and removal of signs
within or adjacent to the Interstate and Federal Aid Systems.
(7) The council shall be under the administrative control of a
director who is appointed by and who holds office at the pleasure of the
council. The director of the Travel Information Council may appoint all
subordinate officers and employees of the council and may prescribe their
duties and fix their compensation. The director of the Travel Information
Council may delegate to any subordinate officer or employee any
administrative duty, function or power imposed upon the council by or
pursuant to law. [1971 c.770 §4; 1973 c.790 §23; 1981 c.545 §5; 1983
c.111 §9; 1993 c.741 §§64,64a; 1997 c.632 §6](1) Except as otherwise provided by law, and except as provided
in subsection (2) of this section, the provisions of ORS 279.835 to
279.855 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292
and 293 do not apply to the Travel Information Council. The council is
subject to all other statutes governing a state agency that do not
conflict with ORS 377.700 to 377.840, including the tort liability
provisions of ORS 30.260 to 30.300 and the provisions of ORS chapter 183.
Subject to the requirements of ORS chapters 238 and 238A, the council’s
employees are members of the Public Employees Retirement System.
(2) The following shall apply to the council:
(a) ORS 279A.250 to 279A.290;
(b) ORS 282.210 to 282.230; and
(c) ORS 293.235, 293.240, 293.245, 293.611, 293.625 and 293.630.
[1993 c.745 §4; 1997 c.249 §122; 2003 c.733 §77; 2003 c.794 §268] (1)
Except as provided in subsection (2) of this section, in carrying out the
duties, functions and powers of the Travel Information Council, the
director of the Travel Information Council may contract with any state
agency for the performance of such duties, functions and powers as the
council considers appropriate.
(2) The director of the Travel Information Council shall not,
without the prior approval of the council:
(a) Award any contract for goods or professional services in excess
of $25,000; or
(b) Authorize any expenditure of moneys in excess of $25,000.
(3) The council shall file with the Governor and the Legislative
Assembly an annual report of the activities and operations of the
council. [1993 c.745 §5; 1993 c.741 §64b](1) All moneys collected or received by
the Travel Information Council shall be deposited into a Travel
Information Council account established in a depository bank insured by
the Federal Deposit Insurance Corporation or the National Credit Union
Share Insurance Fund. In a manner consistent with the requirements of ORS
chapter 295, the chairperson of the council shall insure that sufficient
collateral secures any amount of funds on deposit that exceeds the limits
of the coverage of the Federal Deposit Insurance Corporation or the
National Credit Union Share Insurance Fund. Subject to the chairperson’s
approval, the council may invest moneys collected or received by the
council. Investments made by the council are limited to the types of
investments listed in ORS 294.035. Interest earned from any amounts
invested shall be made available to the council in a manner consistent
with the council’s approved biennial budget.
(2) Subject to the approval of the chairperson or director of the
Travel Information Council, all necessary council expenses shall be paid
from the moneys collected or earned by the council.
(3)(a) The Travel Information Council shall adopt a budget on a
biennial basis using the classifications of expenditures and revenues
required by ORS 291.206 (1). However, the budget shall not be subject to
review and approval by the Legislative Assembly or to future modification
by the Emergency Board or Legislative Assembly.
(b) The council shall adopt a budget only after a public hearing
thereon. At least 15 days prior to any public hearing on the budget, the
council shall give notice of the hearing to all persons known to be
interested in the proceedings of the council and to any person who
requests notice.
(4) All expenditures from the Travel Information Council account
are exempt from any state expenditure limitation. The Travel Information
Council shall follow generally accepted accounting principles and keep
such other financial and statistical information as may be necessary to
completely and accurately disclose the financial condition and financial
operations of the council as may be required by the Secretary of State.
(5) As used in this section, “depository bank” has the meaning
given in ORS 295.005. [1971 c.770 §29; 1973 c.790 §24; 1987 c.57 §1; 1987
c.336 §6; 1993 c.741 §64c; 1993 c.745 §6; 1995 c.245 §12; 2003 c.405 §7]After the Travel Information Council has
repaid the State Highway Fund for all moneys advanced or owed it may then
utilize any funds received in excess of expenses to reimburse the
Department of Transportation for such part of the cost of providing
public service information in sign plazas in rest areas as the council
may decide and also for the acquisition of outdoor advertising signs
located outside of commercial or industrial zones adjacent to secondary
highways. The Travel Information Council may enter into such agreements
with the department as are necessary to carry out the provisions of this
section. [1975 c.336 §15]PENALTIES (1)(a) A person who violates any provision of
ORS 377.510 or 377.700 to 377.840 or any regulation of the Travel
Information Council adopted pursuant thereto is subject to a civil
penalty of up to $100 per day for each day of violation. Except as
otherwise provided in paragraph (b) of this subsection, the maximum
penalty under this subsection for a violation is $3,000 per sign.
(b) A person who violates ORS 377.725 is subject to a civil penalty
of up to $100 per day for each day of violation, up to a maximum amount
established by the Department of Transportation by rule.
(c) Civil penalties under this subsection shall be imposed in the
manner provided by ORS 183.745.
(2) Violation of the conditions and provisions of a permit procured
under ORS 377.050 by any person having procured the permit is punishable,
upon conviction, by a fine of not more than $100, or imprisonment in the
county jail for not more than 30 days or both.
(3) Violation of ORS 377.030 to 377.050, 377.510, 377.620 (2) or
377.635 is punishable, upon conviction, by a fine of not more than $100,
or imprisonment in the county jail for not more than 30 days, or both.
[1971 c.770 §28; 2001 c.508 §3]
_______________CHAPTERS 378 TO 380[Reserved for expansion]
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