Highway Beautification

ORS 377.770
Signs in protected, commercial or industrial areas


(1)

Signs and outdoor advertising signs erected or maintained within protected areas shall comply with the sign rules for protected areas. If any provision of ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety) or rules adopted pursuant thereto are more restrictive than the sign rules 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 (Definitions for ORS 377.505 to 377.540) to 377.540 (Director of Transportation to enforce orders and render administrative assistance), 377.720 (Prohibited signs), 377.725 (Permit), 377.745 (Limitation on form and size of signs), 377.750 (Spacing between signs) and 377.767 (Relocation of existing outdoor advertising sign):

(a)

Outdoor advertising signs lawfully in existence on May 30, 2007, may be maintained, reconstructed or relocated within commercial or industrial zones. Within cities, an outdoor advertising sign may not be erected more than 660 feet from the nearest edge of the right of way if the 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 visible to the traveling public from a state highway except those lawfully in existence on May 30, 2007, in commercial or industrial zones established on May 30, 2007, except as provided by ORS 377.753 (Permits for outdoor advertising signs), 377.765 (Status of previously existing signs) and 377.767 (Relocation of existing outdoor advertising sign). [1971 c.770 §19; 1973 c.790 §12; 1974 c.33 §5; 1975 c.336 §10; 2007 c.199 §16]
§§ 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