377.010 [Amended by 1959 c.382 §1; repealed by 1981 c.153 §79]repealed
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Oregon Revised Statutes
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No person shall dig up, cut down, injure, destroy or in any manner remove any trees growing upon the right of way of any state highway without first procuring the written consent of the Department of Transportation.
Whenever any person, firm or corporation, including any public, municipal or private corporation and any privately or publicly owned utility or cooperative association, desires to dig up, cut down, injure, destroy or in any manner remove any trees growing upon the right of way of any state highway, such person shall file with the Department of Transportation…
Upon the filing of the application mentioned in ORS 377.040 the Department of Transportation may, if in its judgment and discretion the destruction or removal of the trees will not mar or in any way affect the scenic beauty of or otherwise harm, injure or affect the highway, issue a permit authorizing the cutting down, digging up, removal or destruction of t…
The Oregon Transportation Commission shall conduct a study of the historic, scenic and cultural values of the state highway system. The study required by this subsection is subject to the following: In developing the study the commission shall appoint a volunteer citizen advisory committee to advise the commission on the study. The study shall identify and…
When a highway, portion of a highway or highway related structure is designated as an historic and scenic highway under ORS 377.100, the Oregon Transportation Commission and the Department of Transportation: Shall provide for the rehabilitation, restoration, maintenance and preservation of those features of the highway or structure that have historical, eng…
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As used in ORS 377.505 to 377.540: “State highway” has the meaning given that term in ORS 377.710. “Scenic area” means an area adjacent to or along a segment of a 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 provisi…
A sign that is visible from a state highway may not be erected or maintained in an area that has been established by final order as a scenic area except: Traffic control signs or devices. Signs other than outdoor advertising signs, as defined in ORS 377.710. Signs approved by the Director of Transportation, or the authorized representative of the director…
Any sign lawfully maintained in a scenic area prior to the establishment of the area as a scenic area and not included within the exceptions of ORS 377.510, shall be removed by the owner thereof prior to seven years following the establishment of the area as a scenic area, unless the sign is required to be removed at an earlier date, pursuant to other state …
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All scenic areas designated prior to October 4, 1977, shall continue to retain their designation as scenic areas. Note: 377.521 was enacted into law by the Legislative Assembly but was not added to ORS 377.505 to 377.540 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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The Director of Transportation shall take appropriate action for the administration and enforcement of orders issued under the provisions of ORS 377.505 to 377.545 (1975 Replacement Part).
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As used in ORS 377.605 to 377.655, unless the context requires otherwise: “Department” means the Department of Transportation. “Director” means the Director of Transportation. “Federal-aid primary system” 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…
The Legislative Assembly hereby finds and declares that establishment, maintenance and operation of junkyards along public highways should be controlled in accordance with the provisions of ORS 377.605 to 377.655 in order to protect the public investment in such highways, promote the safety and recreational value of public travel on such highways, preserve n…
The Director of Transportation shall promulgate such regulations as are necessary to carry out the provisions of ORS 377.605 to 377.655. Except where federal law or rules and regulations require otherwise as a condition to receipt of federal granted funds, the rules shall be promulgated pursuant to ORS chapter 183. The director is authorized to enter into a…
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: The Interstate System. The federal-aid primary system. Other state highways, unless permitted by the Director of Transportation and subject to rules adopted by…
Any junkyard which is in existence on June 30, 1967, less than 1,000 feet from the nearest edge of the right-of-way line and visible from the main traveled way of the Interstate System or the federal-aid primary system and is not in a zoned industrial area, may be screened by the Director of Transportation, if economically and otherwise feasible, at location…
Where a junkyard is in existence on June 30, 1967, less than 1,000 feet of the nearest edge of the right-of-way line of the Interstate System or federal-aid primary system, is not in a zoned industrial area, and cannot be effectively screened as provided in ORS 377.625 (1), then the Department of Transportation may secure such interests in land as may be nec…
Any junkyard which comes into existence after June 30, 1967, and which is in violation of ORS 377.620, is hereby found and declared to be a public nuisance. The Director of Transportation, 30 days after written notice is mailed to the person owning or operating the junkyard, may institute, on behalf of the Department of Transportation any legal proceedings t…
The Department of Transportation may acquire by purchase, agreement, donation, or the exercise of the power of eminent domain, such lands or interest in lands as may be necessary for the screening or the relocation, removal or disposal of junkyards. In exercising the power of eminent domain the department shall be governed by the provisions of ORS chapter 35…
The Department of Transportation may expend moneys appropriated to the department for the purposes of the screening, relocating, removal or disposal of junkyards as provided in ORS 377.625 to 377.640, except that the department may not use moneys that are subject to the provisions of section 3a, Article IX of the Oregon Constitution. Moneys appropriated for …
Any personal property not coming within the definition of junk, except a vehicle as defined in ORS 801.590 or a manufactured structure as defined in ORS 446.561, that is deposited, left or displayed on a state highway is hereby found and declared to be a public nuisance. Except as provided in ORS 377.653, the Director of Transportation may do any of the foll…
If personal property is deposited, left or displayed under a state highway bridge, on property along a river and within an urban growth boundary, and the personal property is a public nuisance under ORS 377.650, the Department of Transportation may remove, store and dispose of the personal property as provided in this section. Prior to the removal of the pe…
The Department of Transportation shall adopt rules consistent with this section to provide procedures for the removal and disposition of portable signs or personal property that has been repeatedly left, deposited or displayed in violation of ORS 377.650. Rules adopted by the department under this section may provide for any of the following: A reduction i…
ORS 377.700 to 377.844 and 377.992 shall be known and may be cited as the Oregon Motorist Information Act of 1971.
To promote the public safety; to preserve the recreational value of public travel on the state’s highways; to preserve the natural beauty and aesthetic features of such highways and adjacent areas; to provide information about and direct travelers to public accommodations, services for the traveling public, campgrounds, parks, recreational areas and points o…
The Department of Transportation shall ensure that all construction and engineering plans for state highways identify the locations of motorist informational signs, tourist oriented directional signs and logo signs. The department shall adopt written plans for protecting the signs from damage during construction. If any sign specified in subsection (1) of t…
As part of the negotiation process between the Department of Transportation and another road authority concerning transfer of jurisdiction over a state highway from the department to the other road authority, the department shall identify any tourist oriented directional signs and logo signs on the state highway that will be affected by the transfer. If ther…
As used in ORS 377.700 to 377.844 unless the context otherwise requires: “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. “Commercial or industrial zone” means an area, adjacent to a state highway, that is zoned for commercial or indust…
Notwithstanding the provisions of ORS 377.700 to 377.780, the owner of any outdoor advertising sign in existence on May 30, 2007, located in a commercial or industrial zone in existence on May 30, 2007, 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 …
For purposes of this section: An owner of an outdoor advertising sign shall be considered to have suffered a total loss with respect to the outdoor advertising sign if, due to a highway construction project, the outdoor advertising sign is removed from its current location or the face of the outdoor advertising sign would be totally blocked in its current l…
ORS 377.700 to 377.844, and the rules adopted pursuant thereto, apply to 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 visible to the traveling public from a state highway, except where permitted outside the right of way of a state …
A sign may not be erected or maintained if it: Interferes with, imitates or resembles any traffic control sign or device, or attempts or appears to attempt to direct the movement of traffic. Prevents the driver of a motor vehicle from having a clear and unobstructed view of traffic control signs or devices or approaching or merging traffic. Contains, incl…
Notwithstanding any other provision of ORS 377.700 to 377.844, the Department of Transportation shall not issue a permit under ORS 377.725 or 377.767 unless the applicant for the permit submits affidavits that meet the following requirements: The applicant must submit an affidavit from each city or county that would have jurisdiction over the proposed sign.…
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. A person who applies for a permit to the Director of Transportation shall complete forms furnished by the director. The permit application shall …
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The Department of Transportation may adopt rules establishing permit fees for purposes of ORS 377.725 and fees for an outdoor advertising business license issued under ORS 377.730. Fees established by the department shall be designed to recover the cost to the department of regulating signs that are outside the right of way of a highway but are visible from …
A person shall not engage in the business of erecting or maintaining outdoor advertising signs for other persons without first obtaining an annual license therefor from the Director of Transportation and paying the annual license fee established by the Department of Transportation by rule as provided in ORS 377.729. An application for a license or renewal t…
The permit requirements of ORS 377.700 to 377.844 do not apply to: Signs of a governmental unit, including but not limited to traffic control signs or devices, legal notices or warnings. A temporary sign on private property if: The sign does not exceed 12 square feet; The sign is not on a permanent base; The sign does not remain in place for a period of…
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. If any person after being served an…
Nothing in ORS 377.700 to 377.844 and 377.992 is intended to permit a person to erect or maintain any sign that is prohibited by any governmental unit.
Except as provided in subsection (3) of this section, an outdoor advertising sign may not exceed: A length of 48 feet; A height, excluding foundation and supports, of 14 feet; or A sign area of 825 square feet. In determining the dimensions of an outdoor advertising sign or sign area under this section: Cutouts that project beyond the borders of an outd…
For the purpose of applying the spacing provided by subsection (2) of this section: Distances shall be measured lineally along the highway and parallel to the center line of the highway. A back-to-back sign, digital billboard, double-faced sign, V-type sign or tri-vision sign shall be considered one sign. Distance from an interchange shall be measured fro…
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. The department shall determine by rule the f…
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The Department of Transportation shall issue permits for the erection of signs authorized by ORS 377.756 to 377.758. Subject to subsections (2) and (3) of this section, permits shall be issued at no cost to any city or county that applies or to any nonprofit or civic applicant approved by a city or county. Each permit entitles the holder of the permit to ere…
A sign authorized by ORS 377.756 shall not exceed 48 square feet in size and may not have a vertical or horizontal dimension of more than eight feet. Nothing in this subsection affects size requirements for signs of a governmental unit that are authorized under ORS 377.735. Signs erected pursuant to ORS 377.756 to 377.758 shall be kept in good repair and sh…
If appropriate federal authorities notify the Department of Transportation that the erection of a sign pursuant to any of the provisions of ORS 377.756 to 377.758 is contrary to any federal law, the department shall cease issuing permits and shall cause any signs erected pursuant to ORS 377.756 to 377.758 to be removed.
The Department of Transportation shall administer an incentive program to encourage voluntary removal of outdoor advertising signs from particularly scenic areas of scenic byways. 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 t…
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The Department of Transportation shall issue a relocation credit upon the owner’s request if a sign is removed, the owner has lost the lease for that sign site and the sign and permit meet the requirements of ORS 377.700 to 377.844. Note: See note under 377.759.
The owner of a relocation credit may combine relocation credits for outdoor advertising signs that have 249 square feet or less of display surface on one side to form a single relocation credit. After the relocation credits are combined, the Department of Transportation shall cancel the smaller relocation credits used to create the combined relocation credit…
Outdoor advertising signs in existence on May 30, 2007, and lawfully located within commercial or industrial zones in existence on May 30, 2007, and outdoor advertising signs visible from a road or street that is designated as a state highway after May 30, 2007, and lawfully located within a commercial or industrial zone at the time the road or street is des…
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A permit or a relocation credit shall be issued for the relocation of a permitted outdoor advertising sign lawfully located within a commercial or industrial zone in existence on May 30, 2007, if the site lease for the sign is terminated for any reason. The existing outdoor advertising sign may be relocated within any commercial or industrial zone if the new…
Notwithstanding ORS 377.700 to 377.844: Issuance of a permit under ORS 377.767 to relocate an outdoor advertising sign for which a permit has been issued under ORS 377.725 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 Direct…
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 to 377.844 or rules adopted pursuant thereto are more restrictive than the sign rules for protected areas, the more restrictive provision or rule applies. In addition to the requirements provi…
Any sign that does not have a message on the display surface for a period of six months is deemed to have been abandoned by the owner and is a noncomplying sign subject to removal by the Director of Transportation under the procedure set forth in ORS 377.775.
Any sign that fails to comply with ORS 377.700 to 377.844 is a public and private nuisance. In addition to the penalties provided by ORS 377.992, 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 witho…
If the Department of Transportation has issued three or more final orders in a 12-month period finding that a person has violated one or more provisions of ORS 377.700 to 377.844, the Director of Transportation may file an action for injunctive relief to enjoin the person, or any other entity substantially controlled or directed by the person, from further v…
Where the Department of Transportation elects to remove and pay for a sign visible from secondary highways pursuant to ORS 377.765 (4), upon removal, the department shall pay just compensation. For the purposes of ORS 377.700 to 377.844, the department may acquire by purchase, agreement, donation or exercise of the power of eminent domain land or an interes…
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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 traveling public by signs, information centers or other means. The council may also enter into contractual or other agreements with oth…
Pursuant to the terms of a written agreement between the Department of Transportation and the Travel Information Council: The department shall furnish, erect and maintain motorist informational signs, logo signs, tourist oriented directional signs and sign plazas as requested by the council. Such signs shall be erected and maintained at locations the counci…
Whenever the Travel Information Council establishes a telephone reservation system for lodging accommodations or other travel services at a sign plaza, the costs thereof shall be apportioned among the subscribing motels, hotels, trailer parks, campgrounds or providers of other travel services on a per room or other equitable basis. Whenever the council esta…
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. The Travel Informa…
The Travel Information Council shall by regulation prescribe the size, shape, color, lighting, and lettering of and manner of displaying messages on tourist oriented directional signs, logo signs and motorist informational signs. When appropriate, logo signs, tourist oriented directional signs and motorist informational signs shall be displayed in tiers or …
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An application for a tourist oriented directional sign, logo sign or a motorist informational sign permit shall be submitted to the Travel Information Council on a form prescribed by the council. The application shall set forth the name and address of the applicant; the name, nature and location of the business or activity; the location where a tourist orien…
An applicant for a logo sign, tourist oriented directional sign or a motorist informational sign shall pay to the Travel Information Council an initial permit fee and an annual renewal fee which shall be determined for each year by the council in advance of such year. The council may establish a fee schedule for maintenance costs. The council may establish…
Notwithstanding any other provisions of ORS 377.700 to 377.844, the Travel Information Council shall not issue, for any one place or business eligible therefor, more than two permits for motorist informational or logo signs for one direction of travel on a state highway leading to the place or business. Where a logo is available it shall be used and shall be…
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 digital billboard permit under ORS 377.725 shall either remove one existing outdoor advertising sign and retire the permit for that sign or retire one relocation c…
The Department of Transportation shall work together with the Travel Information Council, the Oregon Department of Emergency Management, the Department of State Police, the Secretary of State and owners of digital billboards to develop a public notification plan for the purpose of using digital billboards to display notifications to the traveling public rela…
The Travel Information Council is created as a semi-independent state agency. The Travel Information Council shall consist of nine members. One shall be the chairperson of the Oregon Transportation Commission or a person designated by the chairperson. The Governor shall appoint the other eight members from the public at large. The Governor shall appoint at …
Except as otherwise provided by law, and except as provided in subsection (2) of this section, the provisions of ORS 279.835 to 279.855 and 283.085 to 283.092 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to the Travel Information Council. The council is subject to all other statutes governing a state agency that do not…
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Except as provided in subsection (2) of this section, in carrying out the duties, functions and powers of the Travel Information Council, the executive director of the Travel Information Council may contract with any state agency for the performance of such duties, functions and powers as the council considers appropriate. The executive director may not, wi…
The Travel Information Council created under ORS 377.835 may: Erect, improve, repair, maintain, equip and furnish buildings, structures and lands as the council determines is necessary to carry out its responsibilities under ORS 377.700 to 377.844; and Acquire, receive, hold, control, convey, sell, lease, lend, manage, operate, improve and develop any and …
All moneys collected, borrowed or received by the Travel Information Council shall be deposited into a Travel Information Council account established in accordance with ORS 295.001 to 295.108. The council may invest moneys collected, borrowed or received by the council. Investments made by the council are limited to the types of investments listed in ORS 294…
For the purposes of this section, “roadside rest areas” includes the following roadside rest areas in this state: Suncrest, Interstate 5, near milepost 22. Manzanita, Interstate 5, near milepost 63. Cabin Creek, Interstate 5, near milepost 143. Gettings Creek, Interstate 5, near milepost 178. Oak Grove, Interstate 5, near milepost 206. Santiam River, I…
The Travel Information Council shall establish by rule a permit program allowing nonprofit organizations to provide free cookies, coffee or other nonalcoholic beverages at roadside rest areas managed by the council pursuant to ORS 377.841. Cookies offered under the program must come from a licensed facility. Rules adopted under this section may not restrict …
In addition to any other persons permitted to enforce violations, the executive director of the Travel Information Council and any person specifically designated by the executive director may issue and serve citations to any person for violation of a rule adopted under ORS 366.493. The authority granted under this section is limited to violations that occur…
After the Travel Information Council has repaid the State Highway Fund for all moneys advanced or owed it may then utilize any funds received in excess of expenses to reimburse the Department of Transportation for such part of the cost of providing public service information in sign plazas in rest areas as the council may decide and also for the acquisition …
As used in this section, “nonprofit organization” means an organization described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code. A nonprofit organization may supply to the Department of Transportation, the State Parks and Recreation Department and the Travel Information Cou…
The Department of Transportation Human Trafficking Awareness Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Department of Transportation Human Trafficking Awareness Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Transportation to pay for…
The State Parks and Recreation Department Human Trafficking Awareness Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the State Parks and Recreation Department Human Trafficking Awareness Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Parks and Recre…
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A person who violates any provision of ORS 377.510 (1) or 377.700 to 377.844 or any regulation of the Travel Information Council adopted pursuant thereto is subject to a civil penalty of up to $1,000 per day for each day of violation, or the amount of gross revenues earned for the sign during the period of time the violation continues, whichever is greater. …
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