Highway Beautification

ORS 377.759
Issuance of relocation credits for removal of outdoor advertising signs from scenic byway

  • rules


(1)

The Department of Transportation shall administer an incentive program to encourage voluntary removal of outdoor advertising signs from particularly scenic areas of scenic byways.

(2)

An owner of an outdoor advertising sign that is visible from a scenic byway may apply to the department for participation in the incentive program. The sign and permit must meet the requirements of ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety) to qualify for relocation. A sign that is a nonconforming sign for a defect that cannot be remedied upon reconstruction at the same location does not qualify for the incentive program.

(3)

If the department determines that the sign is in a particularly scenic area of a scenic byway, the department shall notify the owner that the sign qualifies for the incentive program. If the owner chooses to remove the sign, the owner shall notify the department of the date by which the owner will remove the sign. The removal date must be not later than 90 days after the department’s notification.

(4)

The department shall issue two relocation credits to the owner in exchange for the removal of a qualified sign. If the owner also submits an application for relocation of the sign and permit under ORS 377.767 (Relocation of existing outdoor advertising sign), the department may issue the relocation permit and one relocation credit. Any relocation credit or relocation permit issued under the incentive program is subject to all the requirements of ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety).

(5)

The department shall adopt rules to establish standards to determine whether a sign is in a location that is particularly scenic such that it qualifies for the incentive program. [2009 c.463 §2]
Note: 377.759 (Issuance of relocation credits for removal of outdoor advertising signs from scenic byway), 377.762 (Issuance of relocation credits for removal of sign) and 377.763 (Consolidation of relocation credits) were added to and made a part of 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety) by legislative action but were not added to any smaller series therein. 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