Chapter 199
AN ACT
HB 2273
Relating to signs; creating new provisions; amending ORS 366.455,
377.505, 377.510, 377.620, 377.710, 377.712, 377.715, 377.720, 377.725,
377.735, 377.745, 377.750, 377.765, 377.767, 377.768, 377.770, 377.773,
377.775, 377.780, 377.787 and 377.800; repealing ORS 377.726 and 377.727; and
declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Sections 2 to 4 of this 2007 Act are added
to and made a part of ORS 377.700 to 377.840.
SECTION 2. (1) To determine whether a person is giving
or receiving, or has given or received, compensation or anything of value as
defined by the Department of Transportation by rule for displaying a sign, the
department may issue an investigative demand upon any person it reasonably
believes may have relevant documents or information.
(2) If any person after
being served an investigative demand under subsection (1) of this section fails
or refuses to obey the demand, the Department of Transportation may request
that the Department of Justice apply to an appropriate circuit court and, after
a hearing, request an order requiring compliance with the demand.
SECTION 3. (1) Notwithstanding the provisions of ORS
377.715, 377.725 and 377.770, the Department of Transportation may issue
permits for outdoor advertising signs placed on benches or shelters erected or
maintained for use by customers of a mass transit district, a transportation
district or other public transportation agency.
(2) The department shall
determine by rule the fees and criteria for the number, size, and location of
such signs but the department may not issue a permit for a sign that is visible
from an interstate highway.
SECTION 4. (1) An outdoor advertising sign under state
permit prior to the effective date of this 2007 Act that has been removed by
its owner due to loss of lease but has not yet been relocated as of the
effective date of this 2007 Act may continue to have a relocation credit
subject to all requirements for relocation.
(2) As used in this
section, “relocation credit” means a credit for future relocation of a
permitted outdoor advertising sign that was removed by the owner due to loss of
lease, that had no legal impediment to relocation under ORS 377.767 and for
which the owner had not yet obtained a permit under ORS 377.767 to relocate the
sign to a new site.
SECTION 5. ORS 377.710 is amended to read:
377.710. As used in ORS
377.700 to 377.840 unless the context otherwise requires:
(1) “Back-to-back sign”
means a sign with multiple display surfaces mounted on a single structure with
display surfaces visible to traffic from opposite directions of travel.
[(2) “Business identification sign” means a sign not exceeding 32 square
feet that identifies a business and that displays only information necessary to
adequately describe the business and the direction and distance to the
business.]
[(3)] (2) “Commercial or industrial zone” means an area,
adjacent to a state highway, that is zoned for commercial or industrial use by
or under state statute or local ordinance.
[(4)] (3) “Council” means the Travel Information Council
created by ORS 377.835.
[(5)] (4) “Cutout” means every type of display in the form of
letters, figures, characters or other representations in cutout or irregular
form attached to and superimposed upon a sign.
[(6)] (5) “Department” means the Department of
Transportation.
[(7) “Directional sign” means a sign:]
[(a) Identifying and containing directional information to one or more
public places owned or operated by federal, state or local governments or one
of their agencies;]
[(b) Identifying and containing directional information to publicly or
privately owned natural phenomena or historic, cultural, scientific,
educational and religious sites; or]
[(c) Identifying and containing directional information to areas of
natural scenic beauty or areas naturally suited for outdoor recreation, deemed
to be in the interest of the traveling public.]
[(8)] (6) “Director” means the Director of Transportation.
[(9)] (7) “Display surface” means the area of a sign [made] available for the purpose of
displaying [the advertising or
informational] a message.
[(10)] (8) “Double-faced sign” means a sign with multiple
display surfaces with two or more separate and different messages visible to
traffic from one direction of travel.
[(11)] (9) “Erect” means to construct, build, assemble,
place, affix, attach, create, paint, draw or in any way bring into being or
establish.
[(12)] (10) “Federal-aid primary system” or “primary highway”
means the federal-aid primary system in existence on June 1, 1991, and any
highway [that is not on such system but]
that is on the National Highway System.
[(13)] (11) “Freeway” means a divided arterial highway with
four or more lanes available for through traffic with full control of access
and grade separation at intersections.
[(14)] (12) “Governmental unit” means the federal government,
the state, or a city, county or other political subdivision or an agency
thereof.
[(15)] (13) “Interstate highway” or “interstate system” means
every state highway that is a part of the National System of Interstate and
Defense Highways established pursuant to section [103(e)] 103(c), title 23, United States Code.
[(16)] (14) “Logo” means a symbol or design used by a
business as a means of identification of its products or services.
[(17)] (15) “Logo sign” means a sign located on highway right
of way on which logos for gas, food, lodging and camping are mounted.
[(18)] (16) “Maintain”[,” “maintained,” “maintaining” or “maintenance”] includes painting,
changing [advertising or information]
messages on display surfaces, adding or removing a cutout or display
surface of the same dimensions, replacing lights or the catwalk, making
routine repairs necessary to [maintain]
keep the sign in a neat, clean, attractive and safe condition, and [the term includes] allowing the sign
to exist.
[(19)] (17) [“Main-traveled] “
[(20)] (18) “Motorist informational sign” means a sign
erected in a safety rest area, scenic overlook or sign plaza and maintained
under the authority of ORS 377.700 to 377.840 to inform the traveling public
about public accommodations, services for the traveling public and points of
scenic, historic, cultural, scientific, outdoor recreational and educational
interest.
[(21) “Nonconforming sign” means a sign that is subject to, but does not
comply with, the provisions of ORS 377.700 to 377.840.]
(19) “Nonconforming
sign” means a sign that complied with ORS 377.700 to 377.840 when erected, but
no longer complies with ORS 377.700 to 377.840 because of a later change in the
law or in the conditions outside of the owner’s control. An unlawfully located
or maintained sign is not a nonconforming sign.
[(22) “On-premises sign” means a sign designed, intended or used to
advertise, inform or attract the attention of the public as to:]
[(a) Activities conducted on the premises on which the sign is located;
or]
[(b) The sale or lease of the premises on
which the sign is located.]
[(23)] (20) “Outdoor advertising sign” means: [a sign designed, intended or used to
advertise, inform or attract the attention of the public as to:]
[(a) Goods, products or services which are not sold, manufactured or
distributed on or from the premises on which the sign is located;]
[(b) Facilities not located on the premises on which the sign is
located; or]
[(c) Activities not conducted on the premises on which the sign is
located.]
(a) A sign that is
not at the location of a business or an activity open to the public, as defined
by the department by rule; or
(b) A sign for which
compensation or anything of value as defined by the department by rule is given
or received for the display of the sign or for the right to place the sign on
another’s property.
[(24)] (21) “Protected area” means an area located within 660
feet of the edge of the right of way of any portion of an interstate highway
constructed upon any part of right of way, the entire width of which was
acquired by the State of Oregon subsequent to July 1, 1956, and which portion
or segment does not traverse:
(a) A commercial or
industrial zone within the boundaries of a city, as such boundaries existed on
September 21, 1959, wherein the use of real property adjacent to the interstate
highway is subject to municipal regulation or control; or
(b) Other areas where
land use, as of September 21, 1959, is established as industrial or commercial
pursuant to state law.
[(25)] (22) [“Reconstruction”]
“Reconstruct” means replacing a sign totally or partially destroyed, [increasing its size] changing its
overall height or performing any work, except maintenance work, that alters
or changes a sign [authorized to exist
under the provisions of] that lawfully exists under ORS 377.700 to
377.840.
[(26)] (23) [“Relocation”]
“Relocate” includes, but is not limited to [the removal of] removing a sign from one [situs together with the erection of] site
and erecting a new sign upon another [situs]
site as a substitute therefor.
[(27)] (24) “Rest area” means an area established and
maintained within or adjacent to a state highway right of way by or under
public supervision or control for the convenience of the traveling public, and includes
safety rest areas, scenic overlooks or similar roadside areas.
[(28)] (25) “Secondary highway” means any state highway other
than an interstate highway or primary highway.
[(29)] (26)(a) “Sign” means any sign, display, message,
emblem, device, figure, painting, drawing, placard, poster, billboard or other
thing that is designed, used or intended for advertising purposes or to inform
or attract the attention of the public.[, and the term]
(b) “Sign”
includes the sign structure, display surface and all other component parts of a
sign.[;]
(c) When
dimensions of a sign are specified, [the
term] “sign” includes panels and frames[; and the term includes] and both
sides of a sign of specified dimensions or area.
[(30)] (27) “Sign area” means the overall dimensions of all
panels capable of displaying messages on a sign structure.
[(31)] (28) “Sign plaza” means a structure erected and
maintained by or for the department or the Travel Information Council, adjacent
to or in close proximity to a state highway, for the display of motorist
information.
[(32) “Sign regulations for protected areas” means regulations
promulgated by the department applicable to signs erected within protected
areas prior to, and in effect on, July 2, 1971, or amendments to such regulations
promulgated by the department.]
(29) “Sign rules for
protected areas” means rules adopted by the department applicable to signs
displayed within protected areas.
[(33)] (30) “Sign structure” or “structure” means the
supports, uprights, braces, poles, pylons, foundation elements,
framework and display surfaces of a sign.
[(34)] (31) “State highway,” “highway” or “state highway
system” means the entire width between the boundary lines of the right of way
of every state highway, as defined by ORS 366.005, and [the terms also include] the interstate system and the federal-aid
primary system.
[(35)] (32) “Tourist oriented directional sign” means a sign
erected on state highway right of way to provide business identification and
directional information for services and activities of interest to tourists.
[(36)] (33) “Traffic control sign or device” means an
official route marker, guide sign, warning sign, or sign directing or
regulating traffic, which has been erected by or under the order of the department.
(34) “Travel plaza”
means any staffed facility erected under the authority of the Travel
Information Council to serve motorists by providing brochures, displays, signs
and other visitor information and located in close proximity to a highway.
[(37)] (35) “Tri-vision sign” means [an outdoor advertising structure] a sign that contains
display surfaces composed of a series of three-sided rotating slats arranged
side by side, either horizontally or vertically, that are rotated by an
electromechanical process[,] and
capable of displaying a total of three separate and distinct messages, one
message at a time, provided that the rotation from one message to another
message is no more frequent than every eight seconds and the actual rotation
process is accomplished in four seconds or less.
[(38)] (36) “V-type sign” means two signs erected
independently of each other with multiple display surfaces having single or
multiple messages visible to traffic from opposite directions, with an interior
angle between the two signs of not more than 120 degrees and the signs
separated by not more than 10 feet at the nearest point.
[(39)] (37) “Visible” means capable of being seen without
visual aid by a person of normal visual acuity, whether or not legible from the
[main-traveled] main traveled
way of any state highway.
[(40) “Waiver” means an agreement executed between the owner of a sign,
the owner of the property on which the sign is located and the department which
provides that those signs erected adjacent to an interstate or primary highway
after October 22, 1965, shall be removed, with partial compensation or no
compensation, as provided by the agreement.]
SECTION 6. ORS 377.712 is amended to read:
377.712. (1)
Notwithstanding the provisions of ORS 377.700 to 377.780, the owner of any
outdoor advertising sign in existence on [June
12, 1975] the effective date of this 2007 Act, located in a
commercial or industrial zone in existence on [June 12, 1975] the effective date of this 2007 Act, that
meets all requirements for obtaining an outdoor advertising sign permit as set
out in ORS 377.700 to 377.780 and for which the owner had not secured an
outdoor advertising permit as required by ORS 377.725 prior to [June 12, 1975,] the effective date of
this 2007 Act either because of ignorance of the requirements of ORS
377.725 or because the area, road or street adjacent to which the sign was
situated was not, at that time, designated as a state highway, shall be
entitled to the issuance of an outdoor advertising sign permit by the
Department of Transportation upon application by the owner of the sign and the
payment of the fee established by the department under ORS 377.729.
(2) Notwithstanding the
provisions of ORS 377.700 to 377.780, the owner of any outdoor advertising sign
visible from a road or street that is designated as a state highway after [February 19, 1990,] the effective
date of this 2007 Act is entitled to the issuance of an outdoor advertising
sign permit for the sign upon application by the owner of the sign, payment of
the fee established by the department under ORS 377.729 and receipt of the
affidavit required under ORS 377.723, if the sign was [legally] lawfully located within a commercial or industrial
zone at the time of designation as a state highway.
SECTION 7. ORS 377.715 is amended to read:
377.715. ORS 377.700 to
377.840, and the rules adopted pursuant thereto, apply to signs [outdoor advertising signs, on-premises signs
and directional signs] erected or maintained outside the right of way along
state highways and visible to the traveling public from a state highway. A
person may not erect or maintain a sign [an outdoor advertising, on-premises or directional sign] visible to
the traveling public from a state highway, except where permitted outside the
right of way of a state highway, unless [it]
the sign complies with the provisions of ORS 377.505 to 377.540[,] and 377.700 to 377.840, and
the rules adopted pursuant thereto[, and with applicable federal requirements
as of October 23, 1999, including any statute, regulation or contract]. A
person may not erect or maintain a sign[an outdoor advertising sign, directional sign or on-premises sign]
on the right of way of a state highway, other than a traffic control sign or
device.
SECTION 8. ORS 377.720 is amended to read:
377.720. A sign may not
be erected or maintained if it:
(1) Interferes with,
imitates or resembles any [official]
traffic control sign[, signal] or device, or attempts or appears to attempt to direct
the movement of traffic.
(2) Prevents the driver
of a motor vehicle from having a clear and unobstructed view of [official] traffic control signs [and] or devices or approaching or
merging traffic.
(3) Contains, includes
or is illuminated by any flashing, intermittent, revolving, rotating or moving
light or moves or has any animated or moving parts. This subsection does not
apply to:
(a) A traffic control
sign or device.
[(b) Signs, displays, devices or portions thereof with lights that may
be changed at intermittent intervals by electronic process or remote control
providing only public service information such as time, date, temperature,
weather or similar information.]
[(c)] (b) Signs[,
displays, devices] or portions thereof with lights that may be changed at
intermittent intervals by electronic process or remote control [and that advertise activities conducted on
the premises where the sign, display or device is located] that are not
outdoor advertising signs.
[(d)] (c) A tri-vision sign, except that a tri-vision sign
may not be illuminated by any flashing, intermittent, revolving, rotating or
moving lights [if allowed
specifically for
(4) Has any lighting,
unless such lighting is so effectively shielded as to prevent beams or rays of
light from being directed at any portion of the main traveled way of a state
highway, or is of such low intensity or brilliance as not to cause glare or to
impair the vision of the driver of a motor vehicle or otherwise to interfere
with the operation thereof.
(5) Is located upon a
tree, or painted or drawn upon a rock or other natural feature.
[(6) Advertises or calls attention to a business or other activity or a
profession, commodity, product, service or entertainment no longer carried on,
produced, sold or offered.]
[(7)] (6) Advertises activities
that are illegal under any state or federal law applicable at the location of
the sign or of the activities.
[(8)] (7) Is not maintained in a
neat, clean and attractive condition and in good repair.
[(9)] (8) Is not able to withstand a
wind pressure of 20 pounds per square foot of exposed surface.
[(10)] (9) Is on a vehicle or
trailer that is located on public or private property. This subsection does not
apply to a vehicle or trailer used for transportation by the owner or person in
control of the property.
SECTION 9. 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.]
(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 [may apply] who applies for a
permit to the Director of Transportation shall complete [on] 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 to 377.840. The
director shall issue a permit for [a]
an outdoor advertising 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] may 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] may not be
prorated for a fraction of a year or be refunded if the outdoor advertising
sign is removed.
(7) [Advertising or information on] The display surface of [a]
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.
(8) A reconstruction
permit may be issued for the addition of another display surface [face] on the opposite side of an
existing, conforming sign under permit, that is no larger than the existing [sign face] display surface.
(9) The director shall require
removal of a sign or shall cancel a permit and require removal of [the] an outdoor advertising 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. 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, [sodding]
sod, fencing, [ditching]
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.
(10)(a) The
director may [revoke] 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)] (A) The applicant has
knowingly supplied materially false or misleading information in the
application for a permit or renewal thereof; or
[(b)] (B) The sign covered by the
permit [is in violation of] violates
ORS 377.700 to 377.840.
(b) If a permit is
canceled under this subsection, an outdoor advertising sign may not be relocated
under ORS 377.767, and the holder of the permit is not entitled to a relocation
credit as defined in section 4 of this 2007 Act.
(11) 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 [tag thereto within
120] plate to the sign 180 days after the date of issuance of the
permit [therefor].
(12) The director shall
assign a permit plate with an identification number to [every] the permit [when] issued for an outdoor advertising
sign [and a directional sign a permit
plate with an identification number]. The permittee shall attach the [applicable] permit plate to the outdoor
advertising sign so [as to be] 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 to 377.840.
(13) Except as otherwise
provided in ORS 377.712 and 377.765 and section 3 of this 2007 Act, no
permits shall be issued for the erection of any new outdoor advertising sign
after [June 12, 1975] the
effective date of this 2007 Act.
(14) 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 to 377.840.
(15) Any hearing
under this section shall be conducted as a contested case hearing under ORS
chapter 183.
SECTION 10. ORS 377.735 is amended to read:
377.735. (1) [If applicable federal requirements as of
October 23, 1999, are met,] The permit
requirements of ORS 377.700 to 377.840 do not apply to:
(a) Signs of a
governmental unit, including but not limited to traffic control [or regulatory] signs or devices,
legal notices or warnings.
(b) A temporary sign on
private property if:
(A) The sign does not
exceed 12 square feet;
(B) The sign is not on a
permanent base;
(C) The sign does not
remain in place for a period of more than 60 days in a calendar year, except that
a sign erected by a resident on the resident’s residential property may remain
in place for longer than 60 days in a calendar year;
(D) No person receives
compensation or anything of value as defined by the Department of
Transportation by rule for displaying the sign; and
(E) The sign complies
with ORS 377.720.
[(c) On-premises signs.]
(2) The Department of
Transportation may adopt rules that, for good cause shown, allow a person
displaying a temporary sign to obtain a variance from the restrictions in
subsection (1)(b) of this section. The department
shall not consider the content of the sign in deciding whether to allow a
variance.
(3) The department shall
adopt rules for the approval and preservation of historic signs. Rules adopted
under this subsection may not be based on or allow consideration of the content
of the signs.
(4) The department shall
adopt rules for the [installation] erection
and maintenance of permanent signs that do not exceed six square feet and that
provide [information] messages
for the safety or convenience of the public.
(5) ORS 377.700 to
377.840 do not apply to [an outdoor
advertising sign] a sign erected or maintained within a city more
than 660 feet from the nearest edge of the right of way of a state highway,
unless the sign is designed to be viewed primarily from the state highway.
SECTION 11. ORS 377.745 is amended to read:
377.745. (1) Except as provided in subsection (3) of this
section, an outdoor advertising sign [shall]
may not exceed:
(a) A length of 48 feet;
(b) A height, excluding
foundation and supports, of 14 feet; or
(c) A sign area of 825
square feet.
(2) In determining the
dimensions of [a] an outdoor
advertising sign or sign area under this section:
(a) Cutouts that project
beyond the borders of [a] an
outdoor advertising sign shall be included in measuring the area of a sign,
but not the height or length of a sign. The sign area of cutouts shall be no
more than 20 percent of the area of the sign to which attached.
(b) The limitations
apply separately to each side of a back-to-back sign.
(c) The size limitations
apply separately to each sign forming a V-type sign.
(d) The size limitations
apply separately to each of the [three]
display surfaces on a tri-vision sign.
(3) A nonconforming
outdoor advertising sign in existence on the effective date of this 2007 Act
may continue to exceed the size limitations established in this section until
the sign is reconstructed or relocated, at which time the sign must comply with
subsection (1) of this section.
SECTION 12. ORS 377.750 is amended to read:
377.750. (1) For the
purpose of applying the spacing provided by subsection (2) of this section:
(a) Distances shall be
measured lineally along the highway and parallel to the center line of the
highway.
(b) A back-to-back
sign, double-faced sign, V-type sign or tri-vision sign shall
be considered one sign.
(c) Distance from an
interchange shall be measured from a point departing from or entering onto the
[main-traveled] main traveled
way.
(2) Except as provided
in subsection (3) of this section, minimum spacing between outdoor
advertising signs shall be:
______________________________________________________________________________
Minimum
space Minimum
between signs on space
from
Type of highway same side
of interchange
where erected highway (in
feet) (in feet)
Interstate Highway
Inside cities 500 None
Outside cities 2,000 500
Freeway
Inside cities 500 None
Outside cities 1,000 500
Other state highway
Inside cities 100 None
Outside cities 500 None
______________________________________________________________________________
(3) A nonconforming
outdoor advertising sign in existence on the effective date of this 2007 Act
may continue to deviate from the spacing limitations established in this section
until the sign is reconstructed or relocated, at which time the sign shall
comply with the spacing limitations established in this section.
SECTION 13. ORS 377.765 is amended to read:
377.765. (1) Outdoor
advertising signs in existence on [June
12, 1975] the effective date of this 2007 Act, and lawfully located
within commercial or industrial zones in existence on [June 12, 1975] the effective date of this 2007 Act, and
outdoor advertising signs visible from a road or street that is designated as a
state highway after [February 19, 1990]
the effective date of this 2007 Act, and lawfully located within a
commercial or industrial zone at the time [of
designation] the road or street is designated as a state highway,
may remain. Subject to the provisions of ORS 377.700 to 377.840, such signs may
be maintained, reconstructed and relocated. However, such signs [shall] may not be relocated
unless a relocation permit has been issued [therefor]
pursuant to ORS 377.767. [No] A
permit may not be issued to relocate an outdoor advertising sign that
was not lawfully in existence on [June
12, 1975] the effective date of this 2007 Act, except that outdoor
advertising signs that are visible from a road or street that is designated as
a state highway after the effective date of this 2007 Act, and that are
lawfully located within a commercial or industrial zone at the time the road or
street is designated as a state highway, may be relocated within the same
section of highway. [signs that are visible from a road or street that
is designated as a state highway after February 19, 1990, and that were
lawfully located within a commercial or industrial zone at the time of
designation as a state highway, may be relocated within the same section of the
road or street.]
(2) All outdoor
advertising signs [which] that
are lawfully located outside of a commercial or industrial zone and visible
from an interstate highway or a primary highway shall be removed [forthwith] upon payment of just
compensation as provided by ORS 377.780.
(3) Upon payment of just
compensation, the Department of Transportation may remove any lawful
outdoor advertising sign located in a scenic area designated pursuant to ORS
377.505 to 377.540 [may be removed
forthwith].
(4) Where an outdoor
advertising sign was reconstructed under a waiver, upon payment of just
compensation for that portion of the value [which]
that is not covered by the waiver, the department may remove the
outdoor advertising sign. [such outdoor
advertising sign may be removed forthwith.]
(5) Outdoor advertising
signs in existence on [July 1, 1971,
which] the effective date of this 2007 Act that are lawfully located
outside of a commercial or industrial zone in existence on July 1, 1971, and
visible from a secondary highway and not within a scenic area existing on July
1, 1971, or thereafter designated a scenic area may be removed only upon
payment of just compensation as provided in ORS 377.780. [Such a sign may, upon payment of such just compensation, be removed
forthwith.] Upon payment of just compensation, the department may remove
the outdoor advertising sign. It may not be reconstructed or replaced if
destroyed by natural causes and [it may
not be moved to a different location] may not be relocated.
(6) Subject to
subsection (2) of this section, the department may remove without payment of
just compensation every outdoor advertising sign erected since October 22,
1965, pursuant to a waiver, adjacent to an interstate highway or a primary
highway and outside of a commercial or industrial zone [shall be removed forthwith, without payment of compensation],
unless an owner of such a sign or signs, within 10 days after April 18, 1973,
enters into an agreement transferring title to the signs to the state. Such an
agreement may provide for the leasing back of such signs and for a scheduled
removal which shall be not later than December 31, 1975.
(7) If a secondary
highway existing on July 2, 1971, is subsequently designated as an interstate
or primary highway, upon payment of just compensation, the department may
remove outdoor advertising signs not conforming to the provisions of ORS
377.700 to 377.840 [shall be removed upon
payment of just compensation].
(8) If any other highway
is designated as an interstate or primary highway, upon payment of just
compensation, the department may remove a nonconforming outdoor advertising
sign lawful before such designation but nonconforming thereafter [shall be removed upon payment of just
compensation].
(9) Upon the
construction or designation of a secondary highway, after July 2, 1971, an
outdoor advertising sign lawfully in existence and not regulated under ORS
377.700 to 377.840 prior to such construction or designation [shall be governed by] is subject to
subsection (5) of this section.
(10) Any outdoor
advertising sign lawfully in existence outside of a city on July 2,
1971, beyond 660 feet from the nearest edge of the right of way of an
interstate or primary highway and designed to be viewed primarily from such
highway shall be removed by July 1, 1976, without compensation.
SECTION 14. ORS 377.767 is amended to read:
377.767. A permit or
a relocation credit as defined in section 4 of this 2007 Act shall be
issued for the relocation of [an]
a permitted outdoor advertising sign lawfully [erected in] located within a commercial or industrial zone
in existence on [June 12, 1975,]
the effective date of this 2007 Act if the site lease for [said] the sign is terminated for
any reason. The existing outdoor advertising sign may be relocated [in] within any commercial or
industrial zone if the new sign and the new site comply with ORS 377.700 to
377.840, and upon the following conditions:
(1) The outdoor
advertising sign that is relocated [shall]
may not have a sign size larger than that specified in the permit for
the sign located on the site on which the lease was terminated. However, [a sign] an outdoor advertising sign
with 250 square feet or more of display surface on one side may be
increased to the maximum size allowed by [the
provisions of] ORS 377.700 to 377.840 if [not relocated so as to be] the relocated sign is not visible
from Interstate Highway 5, Interstate Highway 205, or Interstate Highway 84. A
single-faced sign may be relocated as a back-to-back sign.
(2) The site for the
relocated sign is not within the distances set [out] forth below, on the same side of the highway, from a
site from which an outdoor advertising sign was purchased pursuant to the
provisions of ORS 377.700 to 377.840.
______________________________________________________________________________
Distance
in Either
Types of Highway Direction from Site
Interstate 2,000 feet
Freeway 1,000 feet
Other
______________________________________________________________________________
(3)(a) [Where a] If an outdoor advertising
sign is relocated [in] within
a commercial or industrial zone [which]
that first came into existence after January 1, 1973, the site shall be
within 750 feet of a developed commercial or industrial area, as measured
parallel to the centerline of the highway. [For
the purposes of ORS 377.710, 377.715, 377.725, 377.735, 377.770, 377.773,
377.780, 377.800 and 377.845 and this section, A]
(b) For purposes of
this subsection, “developed commercial or industrial area” [shall include] includes only the
land occupied by a building, parking lot, storage area or processing
area of a commercial or industrial use and on the same side of the highway.
(4) [After October 4, 1977, no permit shall]
A permit may not be issued to relocate [a]
an outdoor advertising sign more than 100 miles from the existing
site of [an existing] the sign
as of [September 1, 1977] the
effective date of this 2007 Act, as measured along public streets, roads or
highways between that site and the proposed new site. For relocation credits
that exist as of the effective date of this 2007 Act, a permit may not be
issued to relocate an outdoor advertising sign more than 100 miles from the
existing site of the sign as of September 1, 1977, as measured along public
streets, roads or highways between that site and proposed new site.
[(5) In accordance with applicable provisions of ORS chapter 183, the
Department of Transportation may adopt rules to:]
[(a) Prohibit the erection of signs, including relocation of signs,
along any portion of U.S. Highway 101 if the signs or the erection of such
signs would violate federal scenic byway laws or regulations or conditions of
federal grants relating to scenic byways.]
[(b) Establish design standards for signs on any highway or portion of
highway that is designated a scenic byway by the
(5) Outdoor
advertising signs may not be relocated to a state highway or portion of a state
highway designated as part of the scenic byway system by the
(6) If the [sign that is] outdoor advertising
sign being relocated is relocated as a tri-vision sign, the applicant
shall obtain three equivalent permits or relocation credits [three equivalent permits must be issued for
the sign] and the sign must meet all requirements of this section.
(7) If the outdoor
advertising sign being relocated is relocated as a back-to-back tri-vision sign
or V-type tri-vision sign, the applicant shall obtain six equivalent permits
and the sign must meet all requirements of this section.
SECTION 15. ORS 377.768 is amended to read:
377.768. Notwithstanding
[any provision in] ORS 377.700 to
377.840 [to the contrary]:
(1) Issuance of a permit
under ORS 377.767 to relocate [a] an
outdoor advertising sign for which a permit has been issued under ORS
377.725 [shall] does not
cancel the original permit issued under ORS 377.725 except as provided in this
section. The applicant for the permit to relocate shall surrender the original
permit to the Director of Transportation upon issuance of the permit to
relocate. Upon completion of the relocation of the outdoor advertising
sign, including the removal of the sign structure from the original site,
the person holding the permit for relocation of the sign shall immediately
notify the director in writing.
(2) The director shall
retain any permit surrendered under subsection (1) of this section. If the
director:
(a) Is notified that the
relocation of the outdoor advertising sign is completed within [120] 180 days after the issuance
of the permit for relocation, the director shall cancel the original permit.
(b) Cancels the permit
for relocation [of the sign] because
the relocation of the outdoor advertising sign is not completed within [120] 180 days as required under
ORS 377.725, the director shall [return]
reinstate the original permit for the sign to the person whose permit
for relocation of the sign is canceled.
(3) A permit that is [returned] reinstated under
subsection (2) of this section remains valid and retains all rights under ORS
377.725 of a permit that has not been surrendered under this section.
(4) Relocation
credits as defined in section 4 of this 2007 Act issued prior to the effective
date of this 2007 Act and not yet used as of the effective date of this 2007
Act are valid subject to ORS 377.767.
SECTION 16. ORS 377.770 is amended to read:
377.770. (1) Signs and
outdoor advertising signs erected or maintained within protected areas shall
comply with the sign [regulations] rules
for protected areas. If any provision of ORS 377.700 to
377.840 or rules [promulgated]
adopted pursuant thereto are more restrictive than the sign [regulations] 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 to 377.540, 377.720, 377.725, 377.745, 377.750 and 377.767:
(a) Outdoor advertising
signs lawfully in existence on [June
12, 1975] the effective date of this 2007 Act, may be maintained,
reconstructed or relocated [in] within
commercial or industrial zones. Within cities, an outdoor advertising sign [shall] may not be erected more
than 660 feet from the nearest edge of the right of way if [such] 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 [June 12, 1975], the effective date of this 2007 Act in
commercial or industrial zones established on [June 12, 1975] the effective date of this 2007 Act, except
as provided by ORS 377.765 and 377.767 and section 3 of this 2007 Act.
SECTION 17. ORS 377.773 is amended to read:
377.773. Any [outdoor advertising sign which] sign
that does not have [copy] a
message on the display surface for a period of six months [shall be] is deemed to have been
abandoned by the owner [thereof and
becomes] and is a noncomplying sign subject to removal by the
Director of Transportation under the procedure set forth in ORS 377.775.
SECTION 18. ORS 377.775 is amended to read:
377.775. (1) Any sign that fails to comply with ORS 377.700 to 377.840 [hereby is declared to be] is a
public and private nuisance. In addition to the penalties provided by ORS
377.992 [for violation thereof], such
a sign may be removed by the Director of Transportation or the duly authorized
representative of the director as provided by this section. The director may
enter upon private property and remove the sign without incurring any liability
therefor.
(2) If a noncomplying
sign does not bear the name and address of its owner or if the owner is not
readily identified and located, the director may remove it immediately.
(3)(a) If a noncomplying
sign bears the name and address of its owner or if the owner of the sign is
readily identified and located, the director shall notify the owner that the
sign is in violation of ORS 377.700 to 377.840 and that the owner has 30 days
from the date of the notice within which to make the sign comply, to remove the
sign or to request a hearing before the director within the time specified in
the notice.
(b) If the sign is not
made to comply or is not removed and if the owner does not request a hearing
within the time required, or if the owner after a hearing fails to comply with
the final order in the proceedings, the director or the duly authorized
representatives of the director may remove and destroy or otherwise dispose of
the sign.
(4)(a) If the person who
receives notice under subsection (3) of this section intends to raise issues
regarding ownership interests in the sign or its appurtenances in a hearing
requested under subsection (3) of this section, the request for hearing must
include notice that the person intends to raise those issues and must contain
the names and addresses of all persons who have ownership interests in the sign
or its appurtenances.
(b) If the person
requesting the hearing under subsection (3) of this section fails to include
notice of intent to raise issues regarding ownership interests, the person may
not raise the issues in the hearing. In addition, the person who requested the
hearing may not raise issues regarding ownership interests of any person whose
name and address the person who requested the hearing has failed to provide as
required by paragraph (a) of this subsection.
(c) For purposes of this
subsection, an ownership interest includes, but is not limited to:
(A) An interest in the
land on which the sign is located, in the sign structure and in the [sign face] display surface; and
(B) A right to operate
the sign, whether the right is created by lease, operating agreement or
otherwise.
(5)(a) The
director shall, after removing a sign in accordance with subsection (2) of this
section, place [it] the sign in
storage for 30 days while the director makes a further effort to find its
owner.
(b) If the owner
cannot be found within [that time]
30 days, the director may, without incurring any liability therefor, destroy
or otherwise dispose of the sign.
(c) If the owner
is found within [that time] 30
days, the owner may be required to remove the sign from storage.[; and]
(d) If the owner
is found at any time, the director may recover from the owner the cost of storage.
The cost of storage is in addition to the cost of removal payable under
subsection (6) of this section.
(6) The owner is liable
for, and the director shall collect, the costs of removing a sign. Costs shall
be determined by the director on the basis of actual costs of removal or on a
square-foot flat fee basis.
[(7) If a sign does not bear the name and address of its owner, the
advertisement thereon of the goods, products, facilities, services or business
of a person or commercial enterprise is prima facie evidence of ownership of
the sign by that person or commercial enterprise.]
(7) A hearing under
this section shall be conducted as a contested case hearing under ORS chapter
183.
SECTION 19. ORS 377.780 is amended to read:
377.780. (1) Where the
Department of Transportation elects to remove and pay for a sign visible from
secondary highways pursuant to ORS 377.765 (5), upon removal, the department
shall pay just compensation [shall be
paid upon the removal thereof].
(2) For the purposes of
ORS 377.700 to 377.840, the department may acquire by purchase, agreement,
donation or exercise of the power of eminent domain land or an interest in land
or a sign. [It] The department
shall pay just compensation for:
(a) The taking from the
owner of such lawfully [placed] located
sign all right, title, leasehold and interest in such sign; and
(b) The taking from the
owner of the real property on which the sign is located the right to place such
sign thereon.
(3) When the department
is required under ORS 377.700 to 377.840 to make payment therefor to remove a
sign, the payment shall be for the value of the items specified by subsection
(2) of this section, as determined by the department. In determining value, the
department shall use the accepted appraisal method customarily used in such
cases or the method prescribed by federal regulations, if any, applicable to
such appraisals or payments, whichever results in the lowest valuation.
However, in any case, the department shall so appraise such signs or rights taken
by whatever method may be required to avoid imposition of a reduction in the
amount of federal highway funds the state otherwise would be eligible to
receive.
SECTION 20. ORS 377.787 is amended to read:
377.787. (1) The Travel
Information Council may enter into contractual or other agreements with other
governmental agencies of this state or an independent contractor to study
various ways of providing information deemed necessary to the [motoring] traveling public by
signs, information centers or other means. The council may also enter into
contractual or other agreements with other governmental agencies of this state
or an independent contractor for the construction of experimental signs or
displays to provide information deemed necessary to the [motoring] traveling public.
(2) Notwithstanding any
other provisions of ORS 377.700 to 377.840, the Travel Information Council
shall institute logo sign and motorist informational sign programs on the state
highway system and adopt any rules necessary to carry out such programs.
SECTION 21. ORS 377.505 is amended to read:
377.505. As used in ORS
377.505 to 377.540:
[(1) “Public highway” means the entire width between the boundary lines
of every state highway as defined in ORS 366.005.]
(1) “State highway”
has the meaning given that term in ORS 377.710.
(2) “Scenic area” means
an area adjacent to or along a segment of a [public] state highway that is within a federal or state
park, is a site of historical significance or affords a view of unusual natural
beauty, and has been established as a scenic area under the provisions of ORS
377.505 to 377.545 (1975 Replacement Part).
SECTION 22. ORS 377.510 is amended to read:
377.510. (1) [No sign which] A sign that is
visible from a [public] state
highway [shall] may not be
erected or maintained in an area [which]
that has been established by final order as a scenic area except:
[(a) Directional or other official signs or
notices.]
[(b) Signs advertising the sale or lease of the property upon which they
are located.]
[(c) Signs advertising only the name or nature of the business being
conducted on, or the products, facilities, goods or services being sold,
supplied or distributed on or from the premises on which the signs are located.]
(a) Traffic control signs
or devices.
(b) Signs other than
outdoor advertising signs, as defined in ORS 377.710.
[(d)] (c) Signs approved by the Director of Transportation, or the authorized representative of the
director, erected and maintained by a public utility or telecommunications
utility for the purpose of giving warning of the location of an underground
cable or other installations.
[(e)] (d) Signs identifying incorporated or unincorporated
communities, erected in compliance with ORS 377.715 and 377.756 to 377.758, that
are designed to complement the scenic quality of the area in which [they] the signs are erected.
Signs located in snow zones may be more than eight feet in height to compensate
for snow if approved by the director.
(2) Unless adequately
screened as provided in ORS 377.620 (3)(a) or unless located within a zoned
industrial area, no junkyard shall be established which is visible from a [public] state highway where the
area immediately adjacent to the [public]
state highway has been established by final order as a scenic area.
SECTION 23. ORS 366.455 is amended to read:
366.455. The Department
of Transportation may take down and remove from the right of way of any state
highway [or from private property
adjoining the highway any advertising sign] any sign or other
structure or thing erected or maintained thereon contrary to law. When removing
[such sign, thing or structure] a
sign or other structure or thing the department shall follow and comply
with the legal or statutory procedure provided by law.
SECTION 24. ORS 377.620 is amended to read:
377.620. (1) Except as provided in subsection (3) of this section, no
junkyard in existence on June 30, 1967, may be maintained after June 30, 1967,
within 1,000 feet of the nearest edge of the right of way of:
(a) The Interstate
System.
(b) The federal-aid
primary system.
(c) Other state
highways, unless permitted by the Director of Transportation and subject to
rules adopted by the director.
(2) Except as provided
in subsection (3) of this section, no junkyard shall be established after June
30, 1967, within 1,000 feet of the nearest edge of the right of way of any
state highway or which is visible from any [public]
state highway, as defined by ORS 377.505, where the area immediately
adjacent to the [public] state
highway retains designation as a scenic area pursuant to ORS 377.521.
(3) Except as provided
in ORS 377.510 relating to location of junkyards within or adjacent to
designated scenic areas, this section does not prohibit the establishment or
maintenance along state highways of the following junkyards:
(a) Junkyards that are
hidden or adequately screened by the terrain or other natural objects, or by
plantings, fences, or other appropriate means so as not to be visible from the
main traveled way of the state highway, in accordance with regulations
promulgated by the director.
(b) Junkyards located in
zoned industrial areas.
(4) No owner or operator
of a junkyard shall place any junk on a state highway right of way.
SECTION 25. ORS 377.800 is amended to read:
377.800. (1) For
the convenience and information of the traveling public, a person may upon
obtaining a permit therefor display messages as may be allowed by rule adopted
by the Travel Information Council for the particular type of sign on a motorist
informational sign, tourist oriented directional sign[,] or logo sign or at a sign plaza or travel plaza.
(2) The Travel
Information Council may not erect a travel plaza on public lands without first
obtaining consent from the agency that owns the land.
SECTION 26. (1) There is created the Sign Task Force on
outdoor signs, consisting of 13 members appointed as follows:
(a) The President of the
Senate shall appoint one member from among members of the Senate.
(b) The Speaker of the
House of Representatives shall appoint one member from among members of the
House of Representatives.
(c) The Governor shall
appoint one representative from the Department of Transportation.
(d) The Attorney General
shall appoint one member.
(e) The Director of
Transportation shall appoint three representatives from the outdoor sign
industry holding 300 or more outdoor sign permits and relocation credits
combined.
(f) The director shall
appoint three representatives from the outdoor sign industry holding fewer than
300 outdoor sign permits and relocation credits combined.
(g) The director shall
appoint one representative from an organization that promotes scenic values.
(h) The director shall
appoint one representative who is a landowner and who receives compensation
from outdoor advertising companies.
(i) The director shall
appoint one representative from an advertising agency that does business with
outdoor advertising companies in this state.
(2) The task force shall
examine:
(a) Permitting of
tri-vision signs;
(b) Ownership, use and
other issues regarding relocation credits;
(c) Emerging
technologies in the outdoor sign industry;
(d) Increasing the
penalties for violation of outdoor sign regulations;
(e) Just compensation
related to required removal of outdoor advertising signs; and
(f) Any other issues
relating to the regulation of the outdoor sign industry the task force
determines is appropriate.
(3) A majority of the
members of the task force constitutes a quorum for the transaction of business.
(4) Official action by
the task force requires the approval of a majority of the members of the task
force.
(5) The task force shall
elect one of its members to serve as chairperson.
(6) If there is a
vacancy for any cause, the appointing authority shall make an appointment to
become immediately effective.
(7) The task force shall
meet at times and places specified by the call of the chairperson or of a
majority of the members of the task force.
(8) The task force shall
have its first meeting on or before the later of 30 days after adjournment sine
die of the regular session of the Seventy-fourth Legislative Assembly or July
31, 2007.
(9) The task force may
adopt rules necessary for the operation of the task force.
(10) The task force
shall submit a report, and may include recommendations for legislation, to an
interim committee related to transportation as appropriate no later than
November 1, 2008.
(11) The Department of
Transportation shall provide staff support to the task force.
(12) Members of the task
force who are not members of the Legislative Assembly are not entitled to
compensation but may be reimbursed for actual and necessary travel and other
expenses incurred by them in the performance of their official duties in the
manner and amounts provided for in ORS 292.495. Claims for expenses incurred in
performing functions of the task force shall be paid out of funds appropriated
to the department for that purpose.
(13) All agencies of
state government, as defined in ORS 174.111, are directed to assist the task
force in the performance of its duties and, to the extent permitted by laws
relating to confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their duties.
SECTION 27. Section 26 of this 2007 Act is repealed on
the date of the convening of the next regular biennial legislative session.
SECTION 28. ORS 377.726 and 377.727 are repealed.
SECTION 29. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date May 30, 2007
__________