Chapter 126 Oregon Laws 2003

AN ACT

HB 3151

Relating to permits for signs; amending ORS 377.725.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 377.725 is amended to read:

377.725. (1) Unless an annual permit has been issued therefor, an outdoor advertising sign or a directional sign shall not be erected, maintained or replaced by any person.

(2) A person may apply for a permit to the Director of Transportation on forms furnished by the director. The permit application shall include a precise description of the sign and such other information as the director considers necessary or desirable to determine compliance with ORS 377.700 to 377.840. The director shall issue a permit for a sign that complies with ORS 377.700 to 377.840. A valid permit may be transferred to another person upon written notice to the director.

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

(4) 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 is paid at the time the application is filed. Any permit not renewed in accordance with this section shall be canceled.

(5) Permit fees for purposes of this section are as established by the department by rule under ORS 377.729.

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

(7) Advertising or information on the display surface of a 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 sign is reconstructed.

(8) A reconstruction permit may be issued for the addition of another face on the opposite side of an existing, conforming sign under permit, that is no larger than the existing sign face.

(9) The director shall cancel a permit and require removal of the sign as provided by ORS 377.775 if the director finds a sign has been erected, maintained or serviced from the highway right of way at any portion of the right of way where the Department of Transportation has acquired rights of access to the highway or rights of access have not accrued to the abutting property. In addition, the department may recover from the owner of the sign or person erecting, maintaining or servicing the sign, the amount of damage to landscaping, sodding, fencing, ditching or other highway appurtenances resulting from such acts.

(10) The director may revoke a permit, unless a corrected application is filed or the 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 sign covered by the permit is in violation of ORS 377.700 to 377.840.

(11) The director shall cancel a permit immediately upon failure of a permittee to erect or maintain the sign as described by the permit application and to attach a permit tag thereto within 120 days after the date of issuance of the permit therefor.

(12) The director shall assign to every permit when issued for an outdoor advertising sign and a directional sign a permit plate with an identification number [thereon and a current permit decal]. The permittee shall attach the applicable permit plate [with the current decal] to the sign so as to be visible from the adjacent state highway. The absence of a permit plate [and a current decal] or failure to renew the permit annually is prima facie evidence that the sign does not comply with ORS 377.700 to 377.840.

(13) Except as otherwise provided in ORS 377.712 and 377.765, no permits shall be issued for the erection of any new outdoor advertising sign after June 12, 1975.

(14) The director may establish more than one class or type of sign permit as necessary or desirable to carry out ORS 377.700 to 377.840.

Approved by the Governor May 28, 2003

Filed in the office of Secretary of State May 28, 2003`

Effective date January 1, 2004

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