Highway Beautification

ORS 377.725
Permit

  • application
  • fee
  • cancellation
  • rules


(1)

A person may not erect, control, relocate or reconstruct an outdoor advertising sign unless the Department of Transportation has issued a permit for the erection, control, relocation or reconstruction of the sign.

(2)

A person who applies for a permit to the Director of Transportation shall complete forms furnished by the director. The permit application shall include a precise description of the outdoor advertising sign and such other information as the director considers necessary or desirable to determine compliance with ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety). The director shall issue a permit for an outdoor advertising sign that complies with ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety). A valid permit may be transferred to another person upon written notice to the director.

(3)

A permit may not be issued for an outdoor advertising sign located adjacent to an interstate highway or freeway unless the director determines that access to the outdoor advertising sign from the interstate highway or freeway can be obtained without violating the access control line of the interstate highway or freeway.

(4)

If an application for a permit to relocate or reconstruct an outdoor advertising sign is for a location identified in the current Statewide Transportation Improvement Program, the department shall require the applicant to execute an affidavit acknowledging the project and forgoing any claim for compensation under ORS 377.713 (Compensation following partial or total loss of outdoor advertising sign).

(5)

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 (Fees for sign permits and business licenses) is paid at the time the application is filed. Any permit not renewed in accordance with this section shall be canceled.

(6)

Permit fees for purposes of this section are as established by the department by rule under ORS 377.729 (Fees for sign permits and business licenses).

(7)

A permit shall be issued for one year. The applicable fee shall accompany the permit application. A fee may not be prorated for a fraction of a year or be refunded if the outdoor advertising sign is removed.

(8)

The display surface of an outdoor advertising 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 outdoor advertising sign is reconstructed.

(9)

A reconstruction permit may be issued for the addition of another display surface on the opposite side of an existing, conforming outdoor advertising sign under permit, that is no larger than the existing display surface.

(10)

The director shall require removal of a sign or shall cancel a permit and require removal of an outdoor advertising sign as provided by ORS 377.775 (Removal procedure for noncomplying signs) if the director finds a sign or an outdoor advertising sign has been erected, maintained or serviced from the highway right of way at any portion of the right of way where the department has acquired rights of access to the highway or rights of access have not accrued to the abutting property. If there is no permit for the outdoor advertising sign, then the director shall require removal of the outdoor advertising sign. In addition, the department may recover from the owner of the sign or outdoor advertising sign or from the person erecting, maintaining or servicing the sign or outdoor advertising sign, the amount of damage to landscaping, sod, fencing, ditches or other highway appurtenances resulting from such acts. If a permit is canceled under this subsection, an outdoor advertising sign may not be relocated under ORS 377.767 (Relocation of existing outdoor advertising sign).

(11)

(a) The director may cancel a permit, unless a corrected application is filed or the outdoor advertising 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 outdoor advertising sign covered by the permit violates ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety).

(b)

If a permit is canceled under this subsection, an outdoor advertising sign may not be relocated under ORS 377.767 (Relocation of existing outdoor advertising sign), and the holder of the permit is not entitled to a relocation credit.

(12)

The director shall cancel a permit immediately upon failure of a permittee to erect or maintain the outdoor advertising sign as described by the permit application and to attach a permit plate to the outdoor advertising sign 180 days after the date of issuance of the permit.

(13)

The director shall assign a permit plate with an identification number to the permit issued for an outdoor advertising sign. The permittee shall attach the permit plate to the outdoor advertising sign so the plate is 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 outdoor advertising sign does not comply with ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety).

(14)

Except as otherwise provided in ORS 377.712 (Issuance of permits for certain preexisting signs), 377.753 (Permits for outdoor advertising signs) and 377.765 (Status of previously existing signs), no permits shall be issued for the erection of any new outdoor advertising sign after May 30, 2007.

(15)

The director may establish more than one class or type of outdoor advertising sign permit as necessary or desirable to carry out ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety).

(16)

Any hearing under this section shall be conducted as a contested case hearing under ORS chapter 183. [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; 2007 c.199 §9; 2009 c.463 §6; 2018 c.93 §47]

Notes of Decisions

Lack of statutory time limit for approval of permit transfer does not violate due process or free speech rights. 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)

Atty. Gen. Opinions

Concerning "lawfully erected" signs, (1976) Vol 37, p 1538; cancellation of relocation permits after 120 days, (1978) Vol 38, p 1871

§§ 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