Highway Beautification

ORS 377.831
Application for digital billboard permit


(1)

As used in this section:

(a)

“Bulletin” means an outdoor advertising sign with a display surface that is 14 feet by 48 feet.

(b)

“Poster” means an outdoor advertising sign with a display surface that is 12 feet by 25 feet.

(2)

If an outdoor advertising sign being relocated is relocated as a digital billboard or if an outdoor advertising sign being reconstructed is reconstructed as a digital billboard, an applicant for a permit under ORS 377.725 (Permit) must exchange the following in order to receive one permit for a digital billboard:

(a)

An applicant with 10 percent or less of the total number of relocation credits in existence on the date the Department of Transportation receives the application for a digital billboard permit shall either remove one existing outdoor advertising sign and retire the permit for that sign or retire one relocation credit. The permit or relocation credit retired must be for signs with a display surface of at least 250 square feet.

(b)

An applicant with more than 10 percent of the total number of relocation credits in existence on the date the department receives an application for a digital billboard permit shall:

(A)

For a digital billboard that is a bulletin:

(i)

Remove two existing bulletins, retire the permits for those bulletins and retire three relocation credits;

(ii)

Remove one existing bulletin and two existing posters, retire the permits for the bulletin and posters and retire three relocation credits; or
(iii) Remove four existing posters, retire the permits for those posters and retire three relocation credits.

(B)

For a digital billboard that is a poster:

(i)

Remove two existing posters, retire the permits for those posters and retire three relocation credits; or

(ii)

Remove one existing bulletin, retire the permit for the bulletin and retire three relocation credits.

(3)

The relocation credits retired under subsection (2)(b) of this section must be for signs with a display surface of at least 250 square feet.

(4)

Notwithstanding ORS 377.759 (Issuance of relocation credits for removal of outdoor advertising signs from scenic byway) and 377.762 (Issuance of relocation credits for removal of sign), an owner that removes an outdoor advertising sign under this section is not entitled to a relocation credit.

(5)

When calculating the number of relocation credits an owner possesses, the department shall consider the total number of relocation credits owned by any corporate entity held in common ownership with the owner in order to determine how many outdoor advertising signs the owner must remove and how many relocation credits the owner must retire to receive a permit to erect a digital billboard.

(6)

The department shall cancel the relocation credits and permits submitted under this section upon issuance of a permit to erect a digital billboard.

(7)

Two permits for a digital billboard are required to erect a back-to-back or V-type digital billboard.

(8)

The first time an owner uses a permit to erect a digital billboard, the permit is not restricted by the provisions of ORS 377.767 (Relocation of existing outdoor advertising sign) (4).

(9)

The department shall issue one digital billboard relocation credit for each digital billboard that is removed. A digital billboard relocation credit may be used only to erect a digital billboard and may not be used to erect any other type of outdoor advertising sign.

(10)

Except as provided in subsection (8) of this section, an outdoor advertising sign that is being relocated as a digital billboard must meet all requirements of ORS 377.767 (Relocation of existing outdoor advertising sign). [2011 c.562 §6]
§§ 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