Highway Beautification

ORS 377.712
Issuance of permits for certain preexisting signs


(1)

Notwithstanding the provisions of ORS 377.700 (Short title) to 377.780 (Removal of outdoor advertising signs), the owner of any outdoor advertising sign in existence on May 30, 2007, located in a commercial or industrial zone in existence on May 30, 2007, that meets all requirements for obtaining an outdoor advertising sign permit as set out in ORS 377.700 (Short title) to 377.780 (Removal of outdoor advertising signs) and for which the owner had not secured an outdoor advertising permit as required by ORS 377.725 (Permit) prior to May 30, 2007, either because of ignorance of the requirements of ORS 377.725 (Permit) 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 (Fees for sign permits and business licenses).

(2)

Notwithstanding the provisions of ORS 377.700 (Short title) to 377.780 (Removal of outdoor advertising signs), the owner of any outdoor advertising sign visible from a road or street that is designated as a state highway after May 30, 2007, 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 (Fees for sign permits and business licenses) and receipt of the affidavit required under ORS 377.723 (Affidavit of city or county necessary for issuance of sign permit), if the sign was lawfully 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; 2007 c.199 §6]
Note: 377.712 (Issuance of permits for certain preexisting signs) 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.
§§ 377.700 to 377.840

Notes of Decisions

Exclusion of on-premises signs from regulation as outdoor advertising signs is not content-based discrimination against noncommercial speech. Outdoor Media Dimensions, Inc. v. State of Oregon, 150 Or App 106, 945 P2d 614 (1997), aff'd 331 Or 634, 20 P3d 180 (2001)

Imposition of content-neutral regulatory requirements does not infringe on protected speech. Outdoor Media Dimensions v. Department of Transportation, 340 Or 275, 132 P3d 5 (2006)

Atty. Gen. Opinions

City and county "police power" for removal of billboards and signs; compensation or amortization period, (1974) Vol 36, p 1145


Source

Last accessed
Jun. 26, 2021