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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
HIGHWAY DIVISION

 

DIVISION 59

SIGNS — GENERAL PROVISIONS

734-059-0015

Definitions

(1) The terms “neat,” “clean,” “attractive” and “good repair” as used in ORS 377.710(18) and 377.720(8) are defined as follows:

(a) The terms “neat” and “attractive” mean without rotting or broken parts, having parts that are solid and sound, without chipping or peeling paint, paper, vinyl or plastic, without graffiti, and without faded, washed-out or illegible copy. The terms apply to all component parts of a sign.

(b) The term “clean” means free of dirt, unsoiled, without grime or soot. The term does not include a minor dust coating that is undetected from the main-traveled way of a state highway. The term applies to all component parts of a sign that are visible to the main-traveled way of a state highway.

(c) The term “good repair” means having sound and solid parts, without rotting or broken parts, firmly fixed in place so as to be able to withstand a wind pressure of 20 pounds per square foot of exposed surface. The term includes all component parts of a sign.

(2) In interpreting ORS 377.720(9), to be considered “used in transportation” the owner or operator must demonstrate the vehicle or trailer is regularly used in a manner consistent with its usual purpose. The Department may consider but is not limited to the following factors:

(a) Whether it is used only for storage;

(b) Whether it is incapable of being moved in its normal way, such as due to a flat tire or mechanical problems;

(c) Whether its movement would be illegal such as if its registration has expired;

(d) Whether its location is compatible with being regularly used in transportation;

(e) How frequently it is moved;

(f) How far it is moved;

(g) Whether any change in location appears to be a mere attempt to qualify a sign structure under the exemption.

Stat. Auth.: ORS 184.616, 184.619, 377.710 & 377.720
Stats. Implemented: ORS 377.720
Hist.: TO 4-2002, f. & cert. ef. 4-15-02; HWD 1-2009, f. & cert. ef. 2-20-09

734-059-0020

Business Defined

(1) As used in OAR chapter 734, division 059, unless the context of the rule requires otherwise, a business means a commercial or industrial enterprise operated with the intent of economic gain.

(2) The location of a business includes the main buildings as well as other physical areas necessary or customarily incident to the business, including a limited amount of open space as is arranged and designed to be used in immediate connection with such buildings and uses.

(3) In determining whether a location is a business, the Department may consider the totality of the circumstances, including but not limited to the following:

(a) Whether the operation is open to potential customers;

(b) Whether the operation has the appropriate license, permit, or meets other requirements to operate under local, state, and federal law;

(c) How long the operation has been in existence;

(d) Whether the primary use of the location is as a residence;

(e) Whether the location has indices of operation such as telephone and other communication service, appropriate equipment, appropriate vehicular access, parking and other facilities, regular hours of operation, etc.

(4) Vacant lots, fields used for crops, grazing or timber are not considered the location of a business.

(5) The following are not businesses for the purposes of ORS 377.710(20):

(a) Public or private utilities (e.g. telephone poles, cell phone towers);

(b) Railroad tracks;

(c) Outdoor advertising sign or other signs.

Stat. Auth: ORS 184.616, 184.619, 377.710,377.720
Stats. Implemented: ORS 377.710, 377.720
Hist.: HWD 5-2007(Temp), f. & cert. ef. 7-19-07 thru 1-14-08; HWD 8-2007, f. & cert. ef. 12-24-07

734-059-0025

Activity Open to the Public

As used in OAR chapter 734, division 059, unless the context of the rule requires otherwise, an activity open to the public means a location, the main purpose of which involves the admission of or providing service to members of the public. This includes without limitation:

(1) Places of worship;

(2) Educational facilities;

(3) Meeting halls;

(4) Facilities of non-profit or charitable organizations;

(5) Public parks;

(6) Government offices.

Stat. Auth: ORS 184.616, 184.619, 377.710,377.720
Stats. Implemented: ORS 377.710, 377.720
Hist.: HWD 5-2007(Temp), f. & cert. ef. 7-19-07 thru 1-14-08; HWD 8-2007, f. & cert. ef. 12-24-07

734-059-0030

Compensation Defined

(1) As used in OAR chapter 734, division 059, unless the context of the rule requires otherwise, compensation means the exchange of something of value. It includes, without limitation, money, securities, real property interest, personal property interest, barter of goods or services, promise of future payment, or forbearance of debt.

(2) Compensation does not include:

(a) Goodwill;

(b) The exchange of a de minimis value in relation to the benefit acquired. When an exchange of substantial value is for a purpose other than posting of a sign on the land, and a negligible amount of value is added for the sake of a sign as an accessory to that purpose, the Department may consider that a de minimis amount that does not constitute compensation for purposes of ORS 377.710(20).

(c) An exchange of value that a land owner (or other person with a right to possession of the land) provides to a sign company when:

(A) The compensation to the sign company is only for sign structure construction or maintenance on behalf of the land owner; and

(B) The land owner fully controls the content of the sign.

(3) In all cases the Department shall consider the totality of the circumstances, including without limitation, whether the compensation arrangement is reasonable and credible.

Stat. Auth: ORS 184.616, 184.619, 377.710,377.720
Stats. Implemented: ORS 377.710, 377.720
Hist.: HWD 5-2007(Temp), f. & cert. ef. 7-19-07 thru 1-14-08; HWD 8-2007, f. & cert. ef. 12-24-07

734-059-0050

Signs in Protected Areas

(1) As used in OAR chapter 734, division 059, unless the context of the rule requires otherwise, the following definitions apply:

(a) "Center line of the highway" means the line equidistant from the edges of the median separating the main-traveled ways of a divided highway or is the center line of the main traveled way of a nondivided highway.

(b) "Entrance Road" means any public road, including acceleration lanes by which traffic may enter the main-traveled way of an Interstate highway, irrespective of whether traffic may also leave the main-traveled way by such road.

(c) "Exit Road" means any public road, including deceleration lanes by which traffic may leave the main-traveled way of an Interstate highway, irrespective of whether traffic may also enter the main-traveled way by such road.

(d) "Interstate System" means I-5, I-84, I-82, I-105, I-205, and I-405 within Oregon's borders.

(e) "Main-traveled way" means the traveled way of an Interstate Highway on which through-traffic is carried. It does not include frontage or service roads.

(f) "Traveled way" means the portion of a roadway for the movement of vehicles, exclusive of shoulders.

(2) Signs Allowed in Protected Areas. Only the following signs may be erected or maintained in protected areas of the Interstate System:

(a) Class 1: Official signs. Official signs or notices erected and maintained by public officers or agencies pursuant to and in accordance with authorization in State or Federal law, for the purpose of carrying out an official duty or responsibility.

(b) Class 2: Signs that are not outdoor advertising signs.

(c) Class 3: Outdoor advertising signs, subject to the permit and other requirements of the Oregon Motorist Information Act and these rules.

(d) Class 4: Temporary signs, subject to the requirements of the Oregon Motorist Information Act.

(3) Prohibited Signs. The following signs are not allowed in Protected Areas:

(a) Signs that are illegal under ORS 377.720.

(b) Signs that exceed twenty feet in length, width, or height, or exceed 150 square feet in area, except for those signs that are not "outdoor advertising signs" as that term is defined in ORS 377.710.

(c) Signs that do not adhere to these rules.

(d) Signs that do not adhere to the other requirements of the Oregon Motorist Information Act (ORS 377.700–377.840 and 377.992).

(4) Measurement of Distances. Distances under these rules are measured in the following manner:

(a) Distance from the edge or a right of way shall be measured horizontally along a line normal or perpendicular to the center line of the interstate highway.

(b) All distances for location of signs and spacing requirements shall be measured along the center line of the interstate highway between two vertical planes that are normal or perpendicular to and intersect the center line of the interstate highway and that pass through the termini of the measured distance.

(5) Number of Class 3 signs and spacing requirements. The erection and maintenance of Class 3 signs within protected areas shall not be allowed in any manner that is inconsistent with the following:

(a) In advance of an intersection of the main-traveled way of a protected area and an exit road, such signs will not be permitted to exceed the following numbers: [Table not included. See ED. NOTE.]

(b) Subject to the provisions of subsection (a) of this section, not more than two such signs will be permitted within any mile distance measured from any point, and no such signs will be permitted to be less than two thousand feet apart.

(c) No class 3 sign will be permitted adjacent to an exit road or entrance road.

(d) No class 3 sign will be permitted within 1000 feet of the furthest point of the intersection between the traveled way of the entrance road and the main-traveled way of the interstate highway.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth: ORS 184.616, 184.619, 377.710,377.720
Stats. Implemented: ORS 377.710, 377.720
Hist.: HWD 5-2007(Temp), f. & cert. ef. 7-19-07 thru 1-14-08; HWD 8-2007, f. & cert. ef. 12-24-07

734-059-0100

Outdoor Advertising Permit and Business License Fees

This rule establishes fees for outdoor advertising permits and business licenses as authorized by ORS 377.729 and 377.730.

(1) The application fee for a permit for any sign in a year in which the sign is new, is relocated as defined in ORS 377.710, or is reconstructed under 377.725 is due at the time of application, and is non-refundable in the event of a withdrawal by applicant or denial by the Department. Fees are:

(a) Static:

(A) $200 — 25 square feet or less;

(B) $500 — 26 to 50 square feet;

(C) $850 — 51 to 400 square feet;

(D) $1000 — 401 square feet or more.

(b) Digital:

(A) $500 — 249 square feet or less;

(B) $1500 — 250 to 400 square feet (Poster);

(C) $2000 — 401 or more square feet (Bulletin).

(2) The fees for annual renewal of sign permits issued under the authority of ORS 377.712, 377.725 and 377.753 are as follows:

(a) $120 — 50 square feet or less;

(b) $140 — 51 to 400 square feet;

(c) $160 — 401 square feet or more.

(3) The fee to convert a standing sign permit to a relocation credit under ORS 377.762 is $150. The fee to renew a relocation credit under 377.710 is $25.

(4) Renewal fees for permits and relocation credits are due by January 2nd each year. If the renewal is mailed it must be post-marked no later than January 2nd. If the fee required by this subsection is not received or post-marked by the due date, applicant may renew the permit or relocation credit by paying the fee and a penalty of $100 per permit or relocation credit by February 1, received or post-marked, of that year. A permit that is not renewed in compliance with this rule will be canceled. A canceled permit will not be reinstated without proof of extraordinary and compelling reason.

(5) The following is used to determine the permit fee:

(a) For a back-to-back sign, the permit sign area includes both sides of the sign.

(b) A double-faced sign or a back-to-back sign is one sign.

(c) A V-type sign constitutes two signs.

(d) A single-faced tri-vision sign constitutes three signs; a back-to-back tri-vision sign constitutes six signs.

(e) Any mechanically operated multifaced display sign other than a tri-vision sign is the number of signs equal to the number of display faces. Nothing in this subsection authorizes mechanically operated multifaced display signs.

(6) The annual fees for outdoor advertising business licenses under ORS 377.730 are as follows:

(a) $850 — only erects or maintains signs;

(b) $375 — owns 1;

(c) $650 — owns 2 to 49 signs;

(d) $1,700 — owns 50 to 499;

(e) $2,500 — owns 500 or more signs.

(7) Miscellaneous Fees

(a) The fee for a replacement permit plate required by ORS 377.725 is $100.

(b) The fee to combine (aggregate) relocation credits into a single credit under ORS 377.763 is $500 per application.

(c) The fee to transfer ownership of a permit or relocation credit is $150 per credit or permit. The maximum fee for multiple permits and credits transferred in a single transaction is $1500.

(8) The Department will review sign program revenues and costs every two years to determine whether fees should be adjusted up or down to comply with the requirement of ORS 377.729 that fees be designed to recoup costs of operating the sign program. The Department will retain civil penalties collected under 377.992 as revenue for the operation of the program, and will attribute collected amounts as revenue in the biennial calculations.

Stat. Auth.: ORS 184.616, 184.619, 377.725 & 377.729
Stats. Implemented: ORS 377.712, 377.725, 377.726, 377.729 & 377.730
Hist.: TO 2-2002, f. & cert. ef. 2-19-02; HWD 14-2010, f. & cert. ef. 10-25-10; HWD 11-2012, f. & cert. ef. 11-20-12

734-059-0200

Civil Penalties for Violation of the Oregon Motorist Information Act and Related Laws

(1) This rule establishes the factors for consideration in assessing, reducing, or waiving civil penalties created by ORS 377.992 for violation of ORS 377.700 to 377.840, the Oregon Motorist Information Act, and related statutes and rules, and a process for implementing those penalties. These are in addition to any other penalty provided by law, including but not limited to assessing costs, removing signs, and canceling permits.

(2) The definitions in ORS 377.710 and OAR 734, division 059 apply to this rule. The following also apply to this section:

(a) “First time violator” means a person with no Final Order of violation of the Oregon Motorist Information Act or related statutes and rules within five years of the issuance of the violation notice.

(b) “Repeat violator” means a person with only one sign for which the Department issued a Final Order of violation of the Oregon Motorist Information Act or related statutes or rules within five years of issuance of the current violation notice, but who is not a habitual violator.

(c) “Habitual violator” means a person with more than one sign for which the Department issued a Final Order of violation of the Oregon Motorist Information Act or related statutes or rules within five years of the issuance of the current violation notice.

(d) The five-year period noted in 2(a) through 2(c) commences on the date of an Order finding a violation, and any notice of subsequent violation within that five years is a further violation if the department issues an Order finding a violation, whether or not the Final Order is within the five year period.

(e) “Person” is defined in ORS 756.010(5).

(3) A person who violates The Oregon Motorist Information Act or related statutes or rules is subject to a civil penalty as provided in this section. Civil penalties begin to accrue 31 calendar days from the date of the notice of violation beginning at 12:01 a.m. of the 31st calendar day and end with the complete correction or the complete removal of the sign either by the sign owner or by the Department at the Department's discretion.

(4) The Department may assess a penalty up to $50 per day for violation of ORS 377.720(5), 377.720(6), 377.720(9), 377.730(1), or 377.773. The Department may assess a penalty of up to $50 per day for violation of 377.725(12), except if the Department finds the owner intentionally installed the wrong permit plate in an effort to delay or avoid enforcement, in which case the Department may assess a penalty of up to $1000 per day.

(5) The Department may assess a penalty of up to $500 per day for first time violators of ORS 377.510, 377.725(1), 377.740, 377.745, 377.750, 377.767(2), 377.767(5) .

(6) The Department may assess a penalty of up to $1000 per day for first time violators of ORS 377.720(1) through (4), (7) or (8), or 377.730(3).

(7) Repeat and habitual violators may be assessed up to the maximum penalty in ORS 377.992. For any violation not specifically cited in this rule, the Department may assess against any violator up to the maximum penalty in ORS 377.992.

(8) For any violation, in lieu of the per day amounts otherwise described, the Department may assess as a civil penalty the gross revenue derived from the sign at issue from the 31st day after notice of violation until the violation is corrected or the sign removed.

(9) The Department may consider all relevant facts in assessing, reducing, or waiving a civil penalty. The Department may consider but is not limited to the following factors:

(a) Whether the owner is a first time violator, repeat violator, or habitual violator, and how many of the owner’s signs have previously been in violation of the OMIA.

(b) Whether the owner, its agents or employees responsible for the sign at issue were previously involved with another owner, and whether that previous owner had no violations, was a first time, repeat, or habitual violator.

(c) The amount of time between the Department issuing a violation notice and the contested case hearing, and whether any delay was due to reasons outside the control of the violator.

(d) The cooperation of the owner in dealing with the Department, including:

(i) Promptness in responding to requests for information;

(ii) Accuracy and completeness of information provided;

(iii) Assertion of frivolous issues or defenses;

(e) The complexity of the issues involved;

(f) The value of the public interest involved;

(g) Public comment about the sign at issue.

(10) If the final order resulting from an administrative hearing renders the Department's enforcement incorrect, civil penalties do not accrue to the sign in question.

(11) For the convenience of the public, the Department will produce a summary of the types of violations and maximum penalties allowed, factors that may be considered, and any other relevant information regarding assessment of penalties.

Stat. Auth.: ORS 184.616, 184.619 & 377.992
Stats. Implemented: ORS 377.992
Hist.: TO 2-2002, f. & cert. ef. 2-19-02; HWD 11-2010, f. & cert. ef. 9-27-10

734-059-0220

Aggregation of Small Relocation Credits

(1) As provided in ORS 377.763 the owner of relocation credits may apply to combine (aggregate) them into a single credit. This rule establishes the criteria for aggregation, the procedure to request aggregation, and the procedure the Department will follow to process those requests.

(2) Qualification for participation:

(a) The relocation credit must be recognized as valid under ORS 377.766. This includes verification by the Department that the sign structure was removed.

(b) The relocation credit size may be no larger than 249 square feet.

(c) If the Department is aware of any dispute about the ownership or right to utilize the credit it may not be aggregated unless the issue has been resolved.

(3) Application for Aggregation of Relocation Credits

(a) To aggregate relocation credits, the owner of a relocation credit must submit a written request to the Department of Transportation Outdoor Advertising Sign office. The request must be dated and must bear the original signature of the owner or owner’s authorized representative.

(b) The request must include the relocation credit numbers sought to be aggregated, and the area (described in square feet) the owner calculates for the anticipated single credit.

(4) Department Processing of Application for Aggregation of Relocation Credits

(a) The Department will determine whether each relocation credit qualifies for aggregation. If any do not, the Department will advise owner and attempt to reach agreement on the qualification under law. If an agreement is not reached the Department will reject the request to aggregate.

(b) If each relocation credit qualifies for aggregation, the Department will determine whether the area of the anticipated credit calculated by the owner is the same as the area calculated by the Department, and whether it is within the statutory maximum for size. If the anticipated sizes are not the same, or if the projected size exceeds the statutory maximum, the Department will advise applicant and attempt to reach agreement on the correct size under the law. If an agreement is not reached the Department will reject the request to aggregate.

(c) If each relocation credit qualifies for aggregation and no issue exists as to the size of the anticipated credit, the Department will notify the owner in writing of the cancellation of the smaller credits and the creation of the single larger credit.

Stat. Auth.: ORS 184.616, 184.619, 377.763, 377.759, & 377.992
Stats. Implemented: 377.763, 377.759 & 377.992
Hist.: HWD 11-2010, f. & cert. ef. 9-27-10

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