377 - oregonlegislature.gov377.708 Effect on certain signs of transfer of ju-risdiction over state...

Chapter 3772013 EDITION

Highway Beautification; Motorist Information Signs

TREES377.030 Destruction or removal of trees on state

highways without permission prohibited377.040 Application to department to remove

trees along state highways377.050 Consent of department for removal of

trees along state highways

HISTORIC AND SCENIC HIGHWAYS377.100 Study of highway system; designation of

historic and scenic highways377.105 Effect of designation as historic and sce-

nic highway

SCENIC AREAS377.505 Definitions for ORS 377.505 to 377.540377.510 Signs visible from state highways regu-

lated; junkyards prohibited; exceptions377.515 Removal of nonconforming signs deferred377.521 Status of previously designated scenic

areas377.540 Director of Transportation to enforce or-

ders and render administrative assistance

JUNKYARDS377.605 Definitions for ORS 377.605 to 377.655377.610 Public policy on junkyards377.615 Director’s authority to promulgate regu-

lations, enter into agreements with fed-eral government

377.620 Restrictions on maintaining or establish-ing junkyard along highway

377.625 Screening junkyard located in restrictedarea

377.630 Removing junkyard from restricted area377.635 Junkyard in violation of restrictions de-

clared a public nuisance; authority toabate; when junk placed on state highwayright of way

377.640 Acquisition of land necessary to screenor relocate junkyards

377.645 Expenditure of moneys to screen or relo-cate junkyards prior to availability offederal matching funds

DISPOSAL OF PROPERTY377.650 Personal property on state highway377.653 Personal property under state highway

bridge; rules377.655 Rules for removal and disposition of signs

and property in violation of ORS 377.650

MOTORIST INFORMATION SIGNS(General Provisions)

377.700 Short title377.705 Policy377.707 Identifying location of signs on construc-

tion plans; repair or replacement of dam-aged signs

377.708 Effect on certain signs of transfer of ju-risdiction over state highway

377.710 Definitions for ORS 377.700 to 377.844; rules377.712 Issuance of permits for certain preexisting

signs

(Signs, Generally)377.715 Application of ORS 377.700 to 377.844; pro-

hibition against erection or maintenanceof certain signs not in compliance withlaw

377.720 Prohibited signs; exceptions377.723 Affidavit of city or county necessary for

issuance of sign permit; requirements ofaffidavit

377.725 Permit; application; fee; cancellation;rules

377.729 Fees for sign permits and business li-censes; rules

377.730 License for business of maintaining orerecting signs; fee; application; revoca-tion; suspension

377.735 Exemptions from sign permit require-ments; historic signs; rules

377.737 Giving or receiving compensation or valuefor signs; rules

377.740 ORS 377.700 to 377.844 not intended to au-thorize signs prohibited by other govern-mental units

377.745 Limitation on form and size of signs377.750 Spacing between signs377.753 Permits for outdoor advertising signs;

rules377.756 Permits for signs erected by city or unin-

corporated community377.757 Requirements for signs authorized by ORS

377.756; payment of cost of sign377.758 Notification by federal authorities of ille-

gal sign; consequences377.759 Issuance of relocation credits for removal

of outdoor advertising signs from scenicbyway; rules

377.762 Issuance of relocation credits for removalof sign

377.763 Consolidation of relocation credits377.765 Status of previously existing signs; re-

moval upon payment of compensation377.767 Relocation of existing outdoor advertising

sign; conditions377.768 Effect of relocation permit on existing

sign permit; duty of director377.770 Signs in protected, commercial or indus-

trial areas377.773 When sign abandoned; removal377.775 Removal procedure for noncomplying

signs; ownership issues at hearing; dispo-sition of removed signs; costs of removal

377.777 Action to enjoin person from violation ofORS 377.700 to 377.844

Title 31 (2013 Edition)

HIGHWAYS, ROADS, BRIDGES AND FERRIES

377.780 Removal of outdoor advertising signs;payment of compensation; value determi-nations

377.787 Contracts to study traveler informationneeds; council to establish sign programs;rules

377.790 Construction, maintenance and operationof tourist and motorist informationalsigns

377.795 Allocation of costs of telephone informa-tional system; webpage fee; disposition ofreceipts

377.800 Tourist and motorist informational signs;logo signs; sign and travel plazas

377.805 Form of tourist and motorist informa-tional signs; use of logo signs

377.820 Application for tourist or motorist infor-mational sign permit; investigation; dis-position

377.825 Fees for sign applications, maintenancecosts and reinstallation

377.830 Limitation on motorist informational signpermits; use of logo signs

(Digital Billboards)377.831 Application for digital billboard permit

377.833 Public notifications

(Travel Information Council)377.835 Creation of Travel Information Council as

semi-independent state agency; members;qualifications; appointment; terms; chair-person; quorum; rules

377.836 Application of certain statutes to TravelInformation Council

377.838 Authority of director of Travel Informa-tion Council

377.839 Authority of Travel Information Council377.840 Travel Information Council account; bud-

get process; disposition of moneys re-ceived

377.841 Roadside rest areas377.842 Coffee and cookies at roadside rest areas;

rules377.844 Enforcement of rules regarding health

and safety377.845 Use of funds by Department of Transpor-

tation after repayment of highway fund

PENALTIES377.992 Penalties; rules


HIGHWAY BEAUTIFICATION; MOTORIST SIGNS 377.105

377.010 [Amended by 1959 c.382 §1; repealed by 1981c.153 §79]

377.020 [Repealed by 1981 c.153 §79]

TREES377.030 Destruction or removal of

trees on state highways without permis-sion prohibited. No person shall dig up, cutdown, injure, destroy or in any manner re-move any trees growing upon the right ofway of any state highway without first pro-curing the written consent of the Depart-ment of Transportation.

377.040 Application to department toremove trees along state highways.Whenever any person, firm or corporation,including any public, municipal or privatecorporation and any privately or publiclyowned utility or cooperative association, de-sires to dig up, cut down, injure, destroy orin any manner remove any trees growingupon the right of way of any state highway,such person shall file with the Departmentof Transportation an application in writing,setting forth the reasons and purpose for theremoval or destruction of the trees.

377.050 Consent of department for re-moval of trees along state highways. (1)Upon the filing of the application mentionedin ORS 377.040 the Department of Transpor-tation may, if in its judgment and discretionthe destruction or removal of the trees willnot mar or in any way affect the scenicbeauty of or otherwise harm, injure or affectthe highway, issue a permit authorizing thecutting down, digging up, removal or de-struction of the trees under such conditionsand in such manner as the department mayin such permit designate.

(2) Such permits may be granted when itbecomes necessary to cut or remove brushand tree growth which otherwise would behazardous to the operation or maintenanceof lines for the transmission of electric en-ergy or communication, or which would im-pair the efficiency of the service of suchlines to the public, but such cutting or re-moval shall be done in such manner as notsubstantially to impair the scenic beauty ofthe highway.

HISTORIC AND SCENIC HIGHWAYS377.100 Study of highway system; des-

ignation of historic and scenic highways.The Oregon Transportation Commission shallconduct a study of the historic, scenic andcultural values of the state highway system.The study required by this subsection is sub-ject to the following:

(1) In developing the study the commis-sion shall appoint a volunteer citizen advi-

sory committee to advise the commission onthe study.

(2) The study shall identify and evaluateareas of the state highway system for theirhistoric, recreational or scenic significance.

(3) The study shall designate highways,portions of highways or highway relatedstructures as historic and scenic highways.[1983 c.552 §1; 1985 c.260 §1]

377.105 Effect of designation as his-toric and scenic highway. When a high-way, portion of a highway or highway relatedstructure is designated as an historic andscenic highway under ORS 377.100, the Ore-gon Transportation Commission and the De-partment of Transportation:

(1) Shall provide for the rehabilitation,restoration, maintenance and preservation ofthose features of the highway or structurethat have historical, engineering, recre-ational, scenic or tourist related significance,whenever prudent and feasible.

(2) May consult with the State HistoricPreservation Officer, state historic organiza-tions and other appropriate groups or organ-izations to determine how to bestrehabilitate, restore, maintain and preservethe significant features of the highway orstructure.

(3) In all highway planning and fundingconsiderations, shall provide for the contin-uance of the significant features of the high-way or structure, whenever prudent andfeasible.

(4) As the commission determines appro-priate, may arrange for and provide for post-ing of signs, consistent with ORS 377.700 to377.844, 810.200 and 810.210, to inform thetraveling public of the location and signif-icant features of the highway or structure.

(5) Shall not dismantle, destroy, abandon,significantly transform or sell the highwayor structure or any portion thereof or takeany other action that will adversely affectthe preservation of the highway or structureas an historic and scenic highway when it isprudent or feasible not to take such action.

(6) May provide for bypass highways todivert damaging traffic from use of the high-way or structure or provide other means oflimiting or diverting use of the highway orstructure by damaging traffic.

(7) Are directed to seek and may acceptand use for the purposes of this section andORS 377.100 contributions, gifts, grants andmoneys from any source, public or private.

(8) May hold hearings that have beengiven appropriate public notification beforeany significant action is taken relating to ahighway, portion of a highway or highwayrelated structure that is so designated.


377.505 HIGHWAYS, ROADS, BRIDGES AND FERRIES

(9) Shall consider aesthetics and environ-mental effects when the only alternative torehabilitation or restoration is to replace aportion of a highway or highway relatedstructure so designated. [1983 c.552 §2; 1985 c.16§461; 1985 c.260 §2]

377.110 [1955 c.541 §1; repealed by 1959 c.309 §22]377.115 [1959 c.309 §1; 1965 c.219 §1; repealed by 1971

c.770 §31]377.120 [1955 c.541 §2; repealed by 1959 c.309 §22]377.125 [1959 c.309 §2; 1963 c.400 §1; 1965 c.219 §2;

repealed by 1971 c.770 §31]377.130 [1955 c.541 §3; repealed by 1959 c.309 §22]377.135 [1959 c.309 §3; 1965 c.219 §3; repealed by 1971

c.770 §31]377.140 [1955 c.377 §14; 1959 c.94 §1; repealed by 1959

c.309 §22]377.145 [1959 c.309 §4; 1965 c.219 §4; repealed by 1971

c.770 §31]377.150 [1955 c.541 §4; repealed by 1959 c.309 §22]377.155 [1959 c.309 §5; 1965 c.219 §5; repealed by 1971

c.770 §31]377.160 [1955 c.541 §5; repealed by 1959 c.309 §22]377.165 [1959 c.309 §6; repealed by 1971 c.770 §31]377.170 [1955 c.541 §15; repealed by 1959 c.309 §22]377.175 [1959 c.309 §7; 1965 c.219 §6; repealed by 1971

c.770 §31]377.178 [1965 c.219 §13; repealed by 1971 c.770 §31]377.180 [1955 c.541 §6; repealed by 1959 c.309 §22]377.181 [1961 c.615 §13; 1965 c.219 §7; repealed by

1971 c.770 §31]377.185 [1959 c.309 §8; 1961 c.615 §9; 1965 c.219 §8;

repealed by 1971 c.770 §31]377.190 [1955 c.541 §7; repealed by 1959 c.309 §22]377.195 [1959 c.309 §9; 1961 c.615 §10; 1965 c.219 §9;

repealed by 1971 c.770 §31]377.200 [1955 c.541 §8; repealed by 1959 c.309 §22]377.205 [1959 c.309 §10; 1961 c.615 §11; repealed by

1965 c.219 §10 (377.206 enacted in lieu of 377.205)]377.206 [1965 c.219 §11 (enacted in lieu of 377.205);






1965 c.219 §18; repealed by 1971 c.770 §31]377.260 [1955 c.541 §18; repealed by 1959 c.309 §22]377.265 [1959 c.309 §16; 1963 c.400 §7; 1965 c.219 §19;


repealed by 1971 c.770 §31]

377.280 [1955 c.541 §13; 1957 c.465 §2; repealed by1959 c.309 §22]

377.285 [1959 c.309 §18; 1961 c.615 §15; 1963 c.400 §9;1965 c.219 §21; repealed by 1971 c.770 §31]

377.295 [1959 c.309 §19; 1963 c.400 §10; 1965 c.219 §22;repealed by 1971 c.770 §31]

377.305 [1959 c.309 §20; 1963 c.400 §11; repealed by1971 c.770 §31]

377.310 [Repealed by 1953 c.335 §1]377.320 [Repealed by 1953 c.335 §1]377.330 [Repealed by 1953 c.335 §1]377.340 [Repealed by 1971 c.770 §31]377.350 [Repealed by 1971 c.770 §31]377.360 [Amended by 1957 c.663 §3; repealed by 1971

c.770 §31]377.405 [1961 c.615 §1; 1963 c.400 §12; repealed by

1971 c.770 §31]377.410 [1961 c.615 §5; 1963 c.400 §13; repealed by

1971 c.770 §31]377.415 [1961 c.615 §§7,16; repealed by 1971 c.770 §31]377.420 [1961 c.615 §§2,4; repealed by 1971 c.770 §31]377.425 [1961 c.615 §8; 1963 c.400 §14; repealed by

1971 c.770 §31]377.430 [1961 c.615 §6; repealed by 1971 c.770 §31]

SCENIC AREAS377.505 Definitions for ORS 377.505 to

377.540. As used in ORS 377.505 to 377.540:(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 state highwaythat is within a federal or state park, is asite of historical significance or affords aview of unusual natural beauty, and has beenestablished as a scenic area under the pro-visions of ORS 377.505 to 377.545 (1975 Re-placement Part). [1961 c.614 §1; 1963 c.400 §15; 1965c.219 §23; 1967 c.590 §13; 1977 c.578 §3; 1979 c.186 §15;2007 c.199 §21]

377.510 Signs visible from state high-ways regulated; junkyards prohibited; ex-ceptions. (1) A sign that is visible from astate highway may not be erected or main-tained in an area that has been establishedby final order as a scenic area except:

(a) Traffic control signs or devices.(b) Signs other than outdoor advertising

signs, as defined in ORS 377.710.(c) Signs approved by the Director of

Transportation, or the authorized represen-tative of the director, erected and maintainedby a public utility or telecommunicationsutility for the purpose of giving warning ofthe location of an underground cable orother installations.

(d) Signs identifying incorporated or un-incorporated communities, erected in compli-ance with ORS 377.715 and 377.756 to377.758, that are designed to complement thescenic quality of the area in which the signsare erected. Signs located in snow zones may



be more than eight feet in height to com-pensate for snow if approved by the director.

(2) Unless adequately screened as pro-vided in ORS 377.620 (3)(a) or unless locatedwithin a zoned industrial area, no junkyardshall be established which is visible from astate highway where the area immediatelyadjacent to the state highway has been es-tablished by final order as a scenic area.[1961 c.614 §7; 1965 c.219 §24; 1967 c.590 §14; 1987 c.447§122; 1991 c.287 §1; 1993 c.741 §45; 2007 c.199 §22]

377.515 Removal of nonconformingsigns deferred. Any sign lawfully main-tained in a scenic area prior to the estab-lishment of the area as a scenic area and notincluded within the exceptions of ORS377.510, shall be removed by the ownerthereof prior to seven years following theestablishment of the area as a scenic area,unless the sign is required to be removed atan earlier date, pursuant to other state laws.[1961 c.614 §8; 1965 c.219 §25; 1967 c.590 §15]

377.520 [1961 c.614 §2; 1963 c.400 §16; 1965 c.219 §26;repealed by 1977 c.578 §5]

377.521 Status of previously desig-nated scenic areas. All scenic areas desig-nated prior to October 4, 1977, shall continueto retain their designation as scenic areas.[1977 c.578 §2]

Note: 377.521 was enacted into law by the Legisla-tive Assembly but was not added to ORS 377.505 to377.540 by legislative action. See Preface to Oregon Re-vised Statutes for further explanation.

377.525 [1961 c.614 §4; 1963 c.400 §17; 1969 c.314 §30;repealed by 1977 c.578 §5]

377.530 [1961 c.614 §5; 1963 c.400 §18; repealed by1977 c.578 §5]

377.535 [1961 c.614 §6; 1963 c.400 §19; repealed by1977 c.578 §5]

377.540 Director of Transportation toenforce orders and render administrativeassistance. The Director of Transportationshall take appropriate action for the admin-istration and enforcement of orders issuedunder the provisions of ORS 377.505 to377.545 (1975 Replacement Part). [1961 c.614 §10;1963 c.400 §20; 1977 c.578 §4; 1993 c.741 §46]

377.545 [1961 c.614 §9; repealed by 2001 c.750 §7]

JUNKYARDS377.605 Definitions for ORS 377.605 to

377.655. As used in ORS 377.605 to 377.655,unless the context requires otherwise:

(1) “Department” means the Departmentof Transportation.

(2) “Director” means the Director ofTransportation.

(3) “Federal-aid primary system” meansthe federal-aid primary system in existenceon June 1, 1991, and any highway that is noton such system but that is on the NationalHighway System.

(4) “Interstate System” means every statehighway that is part of the National Systemof Interstate and Defense Highways estab-lished by the department in compliance withsection 103(e) of title 23, United States Code.

(5) “Junk” means old or scrap copper,brass, rope, rags, batteries, paper, trash, rub-ber, debris, waste, or junked, dismantled,wrecked, scrapped or ruined motor vehicles,or motor vehicle parts, iron, steel or otherold or scrap ferrous, or nonferrous material,metal or nonmetal materials.

(6) “Junkyard” means any establishmentor place of business where there is accumu-lated on the premises eight or more motorvehicles or an equivalent volume of junk thatis maintained, operated or used for storing,keeping, buying or selling of junk and theterm includes automobile graveyards, gar-bage dumps and scrap metal processing fa-cilities.

(7) “Maintain” means to allow to exist.(8) “Main traveled way” means the

through traffic lanes, exclusive of frontageroads, auxiliary lanes and ramps.

(9) “State highway” or “state highwaysystem” means the entire width between theboundary lines of every state highway as de-fined in ORS 366.005, including but not lim-ited to the Interstate System and thefederal-aid primary system.

(10) “Visible” means capable of beingseen without visual aid by a person ofnormal visual acuity.

(11) “Zoned industrial area” is an areaadjacent to a state highway or public high-way which is zoned for industrial use underauthority of state law. [1967 c.590 §3; 1979 c.186§16; 1979 c.210 §1; 1993 c.741 §47]

377.610 Public policy on junkyards.The Legislative Assembly hereby finds anddeclares that establishment, maintenance andoperation of junkyards along public highwaysshould be controlled in accordance with theprovisions of ORS 377.605 to 377.655 in orderto protect the public investment in suchhighways, promote the safety and recre-ational value of public travel on such high-ways, preserve natural beauty and aestheticfeatures of such highways and adjacentareas, and maintain the qualifications of thisstate for its share of federal-aid highwayfunds payable under title 23, United StatesCode, and in furtherance of the purposespreviously established under ORS 366.556 to366.578. [1967 c.590 §2]

377.615 Director’s authority to pro-mulgate regulations, enter into agree-ments with federal government. (1) TheDirector of Transportation shall promulgatesuch regulations as are necessary to carryout the provisions of ORS 377.605 to 377.655.



Except where federal law or rules and regu-lations require otherwise as a condition toreceipt of federal granted funds, the rulesshall be promulgated pursuant to ORS chap-ter 183.

(2) The director is authorized to enterinto any necessary agreements with theUnited States Government or any officer oragency thereof authorized to make agree-ments pursuant to title 23, United StatesCode, relating to the control of junkyards inareas adjacent to the state highway system.[1967 c.590 §4; 1993 c.741 §48]

377.620 Restrictions on maintaining orestablishing junkyard along highway. (1)Except as provided in subsection (3) of thissection, no junkyard in existence on June 30,1967, may be maintained after June 30, 1967,within 1,000 feet of the nearest edge of theright of way of:

(a) The Interstate System.(b) The federal-aid primary system.(c) Other state highways, unless permit-

ted by the Director of Transportation andsubject to rules adopted by the director.

(2) Except as provided in subsection (3)of this section, no junkyard shall be estab-lished after June 30, 1967, within 1,000 feetof the nearest edge of the right of way of anystate highway or which is visible from anystate highway, as defined by ORS 377.505,where the area immediately adjacent to thestate highway retains designation as a scenicarea pursuant to ORS 377.521.

(3) Except as provided in ORS 377.510relating to location of junkyards within oradjacent to designated scenic areas, this sec-tion does not prohibit the establishment ormaintenance along state highways of the fol-lowing junkyards:

(a) Junkyards that are hidden or ade-quately screened by the terrain or other na-tural objects, or by plantings, fences, orother appropriate means so as not to be visi-ble from the main traveled way of the statehighway, in accordance with regulationspromulgated by the director.

(b) Junkyards located in zoned industrialareas.

(4) No owner or operator of a junkyardshall place any junk on a state highway rightof way. [1967 c.590 §5; 1975 c.262 §1; 1983 c.740 §122;1993 c.741 §49; 2007 c.199 §24]

377.625 Screening junkyard located inrestricted area. (1) Any junkyard which isin existence on June 30, 1967, less than 1,000feet from the nearest edge of the right-of-wayline and visible from the main traveled wayof the Interstate System or the federal-aidprimary system and is not in a zoned indus-trial area, may be screened by the Director

of Transportation, if economically and other-wise feasible, at locations on the highwayrights of way or in areas outside of therights of way acquired for such purposes bythe Department of Transportation.

(2) Any junkyard which is in existenceon June 30, 1967, less than 1,000 feet fromthe nearest edge of the right-of-way line andwhich is visible from the main traveled wayof any state highway other than the Inter-state System or federal-aid primary systemand is not in a zoned industrial area, may bescreened by the director when it is finan-cially, economically and otherwise feasible.The screening may be located on the high-way rights of way or in areas outside therights of way acquired for such purposes bythe department. [1967 c.590 §6; 1979 c.210 §2; 1993c.741 §50]

377.630 Removing junkyard from re-stricted area. (1) Where a junkyard is inexistence on June 30, 1967, less than 1,000feet of the nearest edge of the right-of-wayline of the Interstate System or federal-aidprimary system, is not in a zoned industrialarea, and cannot be effectively screened asprovided in ORS 377.625 (1), then the De-partment of Transportation may secure suchinterests in land as may be necessary to re-locate, remove or dispose of the junkyard andmay pay for the cost of relocation, removalor disposal thereof, as set forth in ORS377.640.

(2) Where a junkyard is in existence lessthan 1,000 feet of the nearest edge of theright-of-way line and visible from the maintraveled way of any state highway which be-comes a part of the Interstate System orfederal-aid primary system and is not in azoned industrial area, the junkyard may bescreened as provided in subsection (1) of thissection or may be relocated, removed or dis-posed of by the department after the portionof the state highway involved becomes a partof the Interstate System or the federal-aidprimary system, as provided in subsection (1)of this section.

(3) Where a junkyard is in existence onJune 30, 1967, less than 1,000 feet of thenearest edge of the right-of-way line of anystate highway other than the Interstate Sys-tem or federal-aid primary system, is not ina zoned industrial area, and cannot be effec-tively screened as provided in ORS 377.625(2), then the department may, in its discre-tion, secure such interests in lands as maybe necessary to relocate, remove or disposeof the junkyard. [1967 c.590 §7; 1979 c.210 §3]

377.635 Junkyard in violation of re-strictions declared a public nuisance; au-thority to abate; when junk placed onstate highway right of way. (1) Anyjunkyard which comes into existence after



June 30, 1967, and which is in violation ofORS 377.620, is hereby found and declared tobe a public nuisance. The Director of Trans-portation, 30 days after written notice ismailed to the person owning or operating thejunkyard, may institute, on behalf of the De-partment of Transportation any legal pro-ceedings the director considers necessary toprevent the violation of ORS 377.620.

(2) Whenever the owner or operator of ajunkyard places junk on state highway rightof way adjacent to or in the immediate vi-cinity of the junkyard, the director, 10 daysafter written notice is mailed to the personowning or operating the junkyard, may re-move and store the junk. Junk placed on ahighway right of way adjacent to or in thevicinity of a junkyard is prima facie evidencethat it has been placed there by the owneror the operator of the junkyard. After 30days of storage, unless claimed sooner by theowner, the director may sell or otherwisedispose of the junk by sale or otherwise.When removal is performed by the director,the director shall not be liable for conversionof any personal property and the directormay collect the director’s cost for removal,storage and sale or disposal from the personowning the junk. [1967 c.590 §8; 1975 c.262 §2; 1979c.210 §4; 1993 c.741 §51]

377.640 Acquisition of land necessaryto screen or relocate junkyards. The De-partment of Transportation may acquire bypurchase, agreement, donation, or the exer-cise of the power of eminent domain, suchlands or interest in lands as may be neces-sary for the screening or the relocation, re-moval or disposal of junkyards. In exercisingthe power of eminent domain the departmentshall be governed by the provisions of ORSchapter 35. [1967 c.590 §9; 1971 c.741 §36]

377.645 Expenditure of moneys toscreen or relocate junkyards prior toavailability of federal matching funds. (1)The Department of Transportation may ex-pend moneys appropriated to the departmentfor the purposes of the screening, relocating,removal or disposal of junkyards as providedin ORS 377.625 to 377.640, except that thedepartment may not use moneys that aresubject to the provisions of section 3a, Arti-cle IX of the Oregon Constitution. Moneysappropriated for the purposes specified inthis subsection may be expended by the de-partment unless and until federal-aid match-ing funds are appropriated and madeavailable to the state for such similar pur-poses as provided in section 136, title 23,United States Code.

(2) All money received by the Directorof Transportation under ORS 377.505,

377.510, 377.515 and 377.605 to 377.655 shallbe credited to the State Highway Fund. [1967c.590 §§10,11; 1983 c.338 §924; 1993 c.741 §52; 2001 c.750§1]

DISPOSAL OF PROPERTY377.650 Personal property on state

highway. Any personal property not comingwithin the definition of junk, except a vehi-cle as defined in ORS 801.590 or a manufac-tured structure as defined in ORS 446.561,that is deposited, left or displayed on a statehighway is hereby found and declared to bea public nuisance. Except as provided in ORS377.653, the Director of Transportation maydo any of the following with respect to per-sonal property declared to be a nuisance bythis section:

(1) Ten days after written notice ismailed to the person owning the personalproperty, the director may institute on behalfof the Department of Transportation any le-gal proceedings the director considers neces-sary to prevent the violation of this section.

(2) Ten days after written notice, the di-rector may remove the personal property andstore it. After 30 days of storage, unlessclaimed sooner by the owner, the directormay sell or otherwise dispose of the personalproperty. Where removal is performed by thedirector, the director shall not be liable forany conversion of personal property and maycollect the cost for removal, storage and saleor disposal of the personal property from theperson owning it.

(3) If the property is a sign, as definedunder ORS 377.710, that is portable or if theproperty has been repeatedly deposited, leftor displayed in violation of this section, thedirector may follow the procedures underORS 377.655. This subsection applies not-withstanding any other provision of this sec-tion. [1975 c.262 §4; 1983 c.338 §925; 1985 c.110 §1; 1993c.741 §53; 1999 c.59 §102; 2003 c.655 §73; 2011 c.84 §3]

377.653 Personal property under statehighway bridge; rules. (1) If personal prop-erty is deposited, left or displayed under astate highway bridge, on property along ariver and within an urban growth boundary,and the personal property is a public nui-sance under ORS 377.650, the Department ofTransportation may remove, store and dis-pose of the personal property as provided inthis section.

(2) Prior to the removal of the personalproperty, the department shall post writtennotice in the manner provided in this sub-section. The written notice must:

(a) Be laminated or weather resistant.



(b) Be posted in a conspicuous locationwithin 30 feet of the property to be removed.

(c) Include the following dates:(A) The date the notice is posted;(B) The date by which the property

owner must remove the property; and(C) The dates within which the depart-

ment may remove the property pursuant tosubsection (3) of this section.

(d) Be posted no less than five days andno more than 19 days prior to removal. If thenotice is removed during the posting period,the department may proceed with the re-moval of the personal property but shall re-place the notice at the site for the purposeof informing property owners about how toclaim the property.

(e) Provide information about the storageof the property, including but not limited tohow long the department will store theproperty and a telephone number at whichthe property owner can contact the depart-ment to make arrangements to claim theproperty.

(f) Be written in English and Spanish.(3) No less than five days and no more

than 19 days after posting written notice, thedepartment may remove the personal prop-erty.

(4) The department shall store the per-sonal property removed under subsection (3)of this section:

(a) In a manner that is reasonably likelyto protect the property from harm;

(b) In a location that is reasonably se-cure; and

(c) In a location that is reasonably ac-cessible to the location where the propertywas found.

(5) After storing the property for 30 days,unless the property is claimed by the prop-erty owner, the department may sell or oth-erwise dispose of the personal property.

(6) The department is not liable for anyconversion of personal property removed orstored under this section.

(7) The department may collect the costsof removing, storing, selling or disposing ofthe personal property from the propertyowner pursuant to this section.

(8) If the department determines that thepersonal property creates an exceptionalemergency, such as possible site contamina-tion by hazardous materials, or that the per-sonal property presents an immediate dangerto human life or safety, the department mayimmediately remove and dispose of the prop-erty without notice as described in subsec-tion (2) of this section. Personal property

that may enter a river as a result of seasonalincreases in river levels, absent other evi-dence, does not constitute an exceptionalemergency. Personal property that may entera river as a result of unanticipated flooding,absent other evidence, does constitute an ex-ceptional emergency.

(9) A permanent sign posted by the de-partment that announces that personal prop-erty will be removed does not satisfy thenotice requirements established under thissection.

(10) The department may adopt rules forthe implementation of this section. [2011 c.84§2]

377.655 Rules for removal and disposi-tion of signs and property in violation ofORS 377.650. (1) The Department of Trans-portation shall adopt rules consistent withthis section to provide procedures for the re-moval and disposition of portable signs orpersonal property that has been repeatedlyleft, deposited or displayed in violation ofORS 377.650.

(2) Rules adopted by the department un-der this section may provide for any of thefollowing:

(a) A reduction in the times required fornotice of violation, opportunity for hearing,opportunity to remove the violation and re-moval of the violation.

(b) Removal of the violation withoutprior notice if the person committing the vi-olation has been given prior notice of the vi-olation. If removal is provided under thisparagraph, opportunity for hearing must beprovided by the rules within five days afterthe removal.

(c) Any other rules concerning removaland disposition of such violations that thedepartment determines will reduce the re-peating of such violations.

(3) Rules adopted by the department un-der this section may not alter the provisionsestablished under ORS 377.653. [1985 c.110 §2;2011 c.84 §4]

MOTORIST INFORMATION SIGNS(General Provisions)

377.700 Short title. ORS 377.700 to377.844 and 377.992 shall be known and maybe cited as the Oregon Motorist InformationAct of 1971. [1971 c.770 §1]

377.705 Policy. To promote the publicsafety; to preserve the recreational value ofpublic travel on the state’s highways; to pre-serve the natural beauty and aesthetic fea-tures of such highways and adjacent areas;to provide information about and direct trav-elers to public accommodations, services forthe traveling public, campgrounds, parks,



recreational areas and points of scenic, his-toric, cultural and educational interest, it isthe policy of this state and the purpose ofORS 377.700 to 377.844 and 377.992:

(1) To establish official information cen-ters and motorist informational signs, in-cluding sign plazas or travel plazas inappropriate locations.

(2) To provide for publication and dis-tribution of official guidebooks and otherpublications.

(3) To prohibit the indiscriminate use ofother outdoor advertising.

(4) To provide motorists, where feasible,with information and access to communica-tions systems for emergency and travel-related purposes. [1971 c.770 §2; 1999 c.877 §1; 2012c.63 §5]

377.707 Identifying location of signs onconstruction plans; repair or replacementof damaged signs. (1) The Department ofTransportation shall ensure that all con-struction and engineering plans for statehighways identify the locations of motoristinformational signs, tourist oriented direc-tional signs and logo signs. The departmentshall adopt written plans for protecting thesigns from damage during construction.

(2) If any sign specified in subsection (1)of this section is damaged, destroyed or lostas a result of work on a highway done by thedepartment, the department shall repair orreplace the sign. [2001 c.402 §2]

Note: 377.707 was added to and made a part of377.700 to 377.844 by legislative action but was notadded to any smaller series therein. See Preface to Or-egon Revised Statutes for further explanation.

377.708 Effect on certain signs oftransfer of jurisdiction over state high-way. (1) As part of the negotiation processbetween the Department of Transportationand another road authority concerningtransfer of jurisdiction over a state highwayfrom the department to the other road au-thority, the department shall identify anytourist oriented directional signs and logosigns on the state highway that will be af-fected by the transfer. If there are suchsigns, the department shall notify the TravelInformation Council of the proposed transferof jurisdiction.

(2) When signs described in subsection (1)of this section are identified, the road au-thority that will receive jurisdiction over thestate highway shall, as part of the negoti-ation process, agree in writing to protect thesigns from destruction or removal. Thetransfer of jurisdiction may not take placeuntil the receiving road authority has en-tered into the written agreement described inthis subsection.

(3) After the transfer of jurisdiction, theTravel Information Council shall retain au-thority over signs on the highway as thoughthe highway were still a state highway.

(4) After a transfer of jurisdiction over astate highway from the department to an-other road authority, the council shall notifythe receiving road authority of any requestfor a new sign and shall request approval ofthe sign’s location from that road authority.[2003 c.388 §2]


377.710 Definitions for ORS 377.700 to377.844; rules. As used in ORS 377.700 to377.844 unless the context otherwise re-quires:

(1) “Back-to-back sign” means a sign withmultiple display surfaces mounted on a singlestructure with display surfaces visible totraffic from opposite directions of travel.

(2) “Commercial or industrial zone”means an area, adjacent to a state highway,that is zoned for commercial or industrialuse by or under state statute or local ordi-nance.

(3) “Council” means the Travel Informa-tion Council created by ORS 377.835.

(4) “Cutout” means every type of displayin the form of letters, figures, characters orother representations in cutout or irregularform attached to and superimposed upon asign.

(5) “Department” means the Departmentof Transportation.

(6) “Digital billboard” means an outdooradvertising sign that is static and changesmessages by any electronic process or remotecontrol, provided that the change from onemessage to another message is no more fre-quent than once every eight seconds and theactual change process is accomplished in twoseconds or less.

(7) “Director” means the Director ofTransportation.

(8) “Display surface” means the area ofa sign available for the purpose of displayinga message.

(9) “Double-faced sign” means a sign withmultiple display surfaces with two or moreseparate and different messages visible totraffic from one direction of travel.

(10) “Erect” means to construct, build,assemble, place, affix, attach, create, paint,draw or in any way bring into being or es-tablish.

(11) “Federal-aid primary system” or“primary highway” means the federal-aidprimary system in existence on June 1, 1991,



and any highway that is on the NationalHighway System.

(12) “Freeway” means a divided arterialhighway with four or more lanes availablefor through traffic with full control of accessand grade separation at intersections.

(13) “Governmental unit” means the fed-eral government, the state, or a city, countyor other political subdivision or an agencythereof.

(14) “Interstate highway” or “interstatesystem” means every state highway that is apart of the National System of Interstate andDefense Highways established pursuant tosection 103(c), title 23, United States Code.

(15) “Logo” means a symbol or designused by a business as a means of identifica-tion of its products or services.

(16) “Logo sign” means a sign located onhighway right of way on which logos for gas,food, lodging and camping are mounted.

(17) “Maintain” includes painting, chang-ing messages on display surfaces, adding orremoving a cutout or display surface of thesame dimensions, replacing lights or thecatwalk, making routine repairs necessary tokeep the sign in a neat, clean, attractive andsafe condition, and allowing the sign to exist.

(18) “Main traveled way” means thethrough traffic lanes, exclusive of frontageroads, auxiliary lanes and ramps.

(19) “Motorist informational sign” meansa sign erected in a safety rest area, scenicoverlook or sign plaza and maintained underthe authority of ORS 377.700 to 377.844 toinform the traveling public about public ac-commodations, services for the travelingpublic and points of scenic, historic, cultural,scientific, outdoor recreational and educa-tional interest.

(20) “Nonconforming sign” means a signthat complied with ORS 377.700 to 377.844when erected, but no longer complies withORS 377.700 to 377.844 because of a laterchange in the law or in the conditions out-side of the owner’s control. An unlawfullylocated or maintained sign is not a noncon-forming sign.

(21) “Outdoor advertising sign” means:(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 an-ything of value as defined by the departmentby rule is given or received for the displayof the sign or for the right to place the signon another’s property.

(22) “Protected area” means an area lo-cated within 660 feet of the edge of the rightof way of any portion of an interstate high-

way constructed upon any part of right ofway, the entire width of which was acquiredby the State of Oregon subsequent to July 1,1956, and which portion or segment does nottraverse:

(a) A commercial or industrial zonewithin the boundaries of a city, as suchboundaries existed on September 21, 1959,wherein the use of real property adjacent tothe interstate highway is subject to munici-pal regulation or control; or

(b) Other areas where land use, as ofSeptember 21, 1959, is established as indus-trial or commercial pursuant to state law.

(23) “Reconstruct” means replacing asign totally or partially destroyed, changingits overall height or performing any work,except maintenance work, that alters orchanges a sign that lawfully exists underORS 377.700 to 377.844.

(24) “Relocate” includes, but is not lim-ited to removing a sign from one site anderecting a new sign upon another site as asubstitute therefor.

(25) “Relocation credit” means a creditfor future relocation of a permitted outdooradvertising sign issued in lieu of a relocationpermit under ORS 377.767.

(26) “Relocation permit” means a permitto relocate a sign under ORS 377.767,whether issued in a lieu of a current signpermit or a relocation credit.

(27) “Rest area” means an area estab-lished and maintained within or adjacent toa state highway right of way by or underpublic supervision or control for the conven-ience of the traveling public, and includessafety rest areas, scenic overlooks or similarroadside areas.

(28) “Scenic byway” means a state high-way or portion of a state highway designatedas part of the scenic byway system by theOregon Transportation Commission or Fed-eral Highway Administration of the UnitedStates Department of Transportation.

(29) “Secondary highway” means anystate highway other than an interstate high-way or primary highway.

(30)(a) “Sign” means any sign, display,message, emblem, device, figure, painting,drawing, placard, poster, billboard or otherthing that is designed, used or intended foradvertising purposes or to inform or attractthe attention of the public.

(b) “Sign” includes the sign structure,display surface and all other componentparts of a sign.

(c) When dimensions of a sign are speci-fied, “sign” includes panels and frames andboth sides of a sign of specified dimensionsor area.



(31) “Sign area” means the overall di-mensions of all panels capable of displayingmessages on a sign structure.

(32) “Sign plaza” means a structureerected and maintained by or for the depart-ment or the Travel Information Council, ad-jacent to or in close proximity to a statehighway, for the display of motorist informa-tion.

(33) “Sign rules for protected areas”means rules adopted by the department ap-plicable to signs displayed within protectedareas.

(34) “Sign structure” or “structure”means the supports, uprights, braces, poles,pylons, foundation elements, framework anddisplay surfaces of a sign.

(35) “State highway,” “highway” or“state highway system” means the entirewidth between the boundary lines of theright of way of every state highway, as de-fined by ORS 366.005, and the interstate sys-tem and the federal-aid primary system.

(36) “Tourist oriented directional sign”means a sign erected on state highway rightof way to provide business identification anddirectional information for services and ac-tivities of interest to tourists.

(37) “Traffic control sign or device”means an official route marker, guide sign,warning sign, or sign directing or regulatingtraffic, which has been erected by or underthe order of the department.

(38) “Travel plaza” means any staffed fa-cility erected under the authority of theTravel Information Council to serve motor-ists by providing brochures, displays, signsand other visitor information and located inclose proximity to a highway.

(39) “Tri-vision sign” means a sign thatcontains display surfaces composed of a se-ries of three-sided rotating slats arrangedside by side, either horizontally or vertically,that are rotated by an electromechanicalprocess and capable of displaying a total ofthree separate and distinct messages, onemessage at a time, provided that the rotationfrom one message to another message is nomore frequent than every eight seconds andthe actual rotation process is accomplishedin four seconds or less.

(40) “V-type sign” means two signserected independently of each other withmultiple display surfaces having single ormultiple messages visible to traffic from op-posite directions, with an interior angle be-tween the two signs of not more than 120degrees and the signs separated by not morethan 10 feet at the nearest point.

(41) “Visible” means capable of beingseen without visual aid by a person of

normal visual acuity, whether or not legiblefrom the main traveled way of any statehighway. [1971 c.770 §3; 1973 c.790 §1; 1974 c.33 §1;1975 c.336 §1; 1977 c.265 §1; 1983 c.111 §1; 1987 c.336 §2;1993 c.741 §54; 1999 c.877 §2; 2007 c.199 §5; 2009 c.463 §5;2011 c.562 §1]

377.712 Issuance of permits for certainpreexisting signs. (1) Notwithstanding theprovisions of ORS 377.700 to 377.780, theowner of any outdoor advertising sign in ex-istence on May 30, 2007, located in a com-mercial or industrial zone in existence onMay 30, 2007, that meets all requirements forobtaining an outdoor advertising sign permitas set out in ORS 377.700 to 377.780 and forwhich the owner had not secured an outdooradvertising permit as required by ORS377.725 prior to May 30, 2007, either becauseof ignorance of the requirements of ORS377.725 or because the area, road or streetadjacent to which the sign was situated wasnot, at that time, designated as a state high-way, shall be entitled to the issuance of anoutdoor advertising sign permit by the De-partment of Transportation upon applicationby the owner of the sign and the payment ofthe fee established by the department underORS 377.729.

(2) Notwithstanding the provisions ofORS 377.700 to 377.780, the owner of anyoutdoor advertising sign visible from a roador street that is designated as a state high-way after May 30, 2007, is entitled to the is-suance of an outdoor advertising sign permitfor the sign upon application by the ownerof the sign, payment of the fee established bythe department under ORS 377.729 and re-ceipt of the affidavit required under ORS377.723, if the sign was lawfully locatedwithin a commercial or industrial zone at thetime of designation as a state highway. [1977c.265 §7; 1993 c.376 §1; 2001 c.104 §127; 2001 c.750 §4; 2007c.199 §6]

Note: 377.712 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofany series in ORS chapter 377 by legislative action. SeePreface to Oregon Revised Statutes for further explana-tion.

(Signs, Generally)377.715 Application of ORS 377.700 to

377.844; prohibition against erection ormaintenance of certain signs not in com-pliance with law. ORS 377.700 to 377.844,and the rules adopted pursuant thereto, applyto signs erected or maintained outside theright of way along state highways and visibleto the traveling public from a state highway.A person may not erect or maintain a signvisible to the traveling public from a statehighway, except where permitted outside theright of way of a state highway, unless thesign complies with the provisions of ORS377.505 to 377.540 and 377.700 to 377.844, andthe rules adopted pursuant thereto. A person



may not erect or maintain a sign on theright of way of a state highway, other thana traffic control sign or device. [1971 c.770 §8;1973 c.790 §2; 1974 c.33 §2; 1975 c.336 §2; 1983 c.111 §2;1987 c.336 §3; 1999 c.877 §3; 2007 c.199 §7]

377.720 Prohibited signs; exceptions.A sign may not be erected or maintained ifit:

(1) Interferes with, imitates or resemblesany traffic control sign or device, or attemptsor appears to attempt to direct the movementof traffic.

(2) Prevents the driver of a motor vehiclefrom having a clear and unobstructed viewof traffic control signs or devices or ap-proaching or merging traffic.

(3) Contains, includes or is illuminatedby any flashing, intermittent, revolving, ro-tating or moving light or moves or has anyanimated or moving parts. This subsectiondoes not apply to:

(a) A traffic control sign or device.(b) Signs or portions thereof with lights

that may be changed at intermittent inter-vals by electronic process or remote controlthat are not outdoor advertising signs.

(c) A tri-vision sign, except that a tri-vision sign may not be illuminated by anyflashing, intermittent, revolving, rotating ormoving lights.

(d) A digital billboard, only if the digitalbillboard:

(A) Is not illuminated by a flashing lightor a light that varies in intensity;

(B) Has a display surface that does notcreate the appearance of movement;

(C) Does not operate at an intensity levelof more than 0.3 foot-candles over ambientlight as measured at a distance of:

(i) 150 feet, if the display surface is 12feet by 25 feet;

(ii) 200 feet, if the display surface is 10.5feet by 36 feet; or

(iii) 250 feet, if the display surface is 14feet by 48 feet;

(D) Is equipped with a light sensor thatautomatically adjusts the intensity of thebillboard according to the amount of ambientlight;

(E) Is designed to either freeze the dis-play in one static position, display a fullblack screen or turn off in the event of amalfunction;

(F) If available where the digitalbillboard is located, uses renewable energyresources to power the digital billboard, in-cluding but not limited to the following:

(i) Wind energy;

(ii) Solar photovoltaic and solar thermalenergy;

(iii) Wave, tidal and ocean thermal en-ergy;

(iv) Geothermal energy; and(v) The purchase of carbon credits; and(G) If wind energy is used, as specified in

subparagraph (F)(i) of this paragraph, usesmoving parts for the purpose of generatingthe wind energy to power the billboard.

(4) Has any lighting, unless such lightingis so effectively shielded as to prevent beamsor rays of light from being directed at anyportion of the main traveled way of a statehighway, or is of such low intensity or bril-liance as not to cause glare or to impair thevision of the driver of a motor vehicle orotherwise to interfere with the operationthereof.

(5) Is located upon a tree, or painted ordrawn upon a rock or other natural feature.

(6) Advertises activities that are illegalunder any state or federal law applicable atthe location of the sign or of the activities.

(7) Is not maintained in a neat, clean andattractive condition and in good repair.

(8) Is not able to withstand a wind pres-sure of 20 pounds per square foot of exposedsurface.

(9) Is on a vehicle or trailer that is lo-cated on public or private property. Thissubsection does not apply to a vehicle ortrailer used for transportation by the owneror person in control of the property. [1971c.770 §15; 1973 c.790 §3; 1977 c.256 §2; 1981 c.392 §1; 1999c.877 §4; 2007 c.199 §8; 2011 c.562 §2]

377.723 Affidavit of city or countynecessary for issuance of sign permit;requirements of affidavit. Notwithstandingany other provision of ORS 377.700 to377.844, the Department of Transportationshall not issue a permit under ORS 377.725or 377.767 unless the applicant for the permitsubmits affidavits that meet the followingrequirements:

(1) The applicant must submit an affida-vit from each city or county that would havejurisdiction over the proposed sign.

(2) Each affidavit must contain a certi-fication by the respective city or county thatthe proposed sign would comply with all ap-plicable ordinances, plans, rules and otherrequirements of the city or county.

(3) Each affidavit must be on a form pre-pared by the department. [1981 c.329 §2; 1987 c.336§4; 1993 c.741 §55]

377.725 Permit; application; fee; can-cellation; rules. (1) A person may not erect,control, relocate or reconstruct an outdooradvertising sign unless the Department of



Transportation has issued a permit for theerection, control, relocation or reconstruc-tion of the sign.

(2) A person who applies for a permit tothe Director of Transportation shall completeforms furnished by the director. The permitapplication shall include a precise de-scription of the outdoor advertising sign andsuch other information as the director con-siders necessary or desirable to determinecompliance with ORS 377.700 to 377.844. Thedirector shall issue a permit for an outdooradvertising sign that complies with ORS377.700 to 377.844. A valid permit may betransferred to another person upon writtennotice to the director.

(3) A permit may not be issued for anoutdoor advertising sign located adjacent toan interstate highway or freeway unless thedirector determines that access to the signfrom the interstate highway or freeway canbe obtained without violating the accesscontrol line of the interstate highway orfreeway.

(4) A permit shall be renewed annuallyon the first day of January. Application forrenewal of a permit shall be filed prior toexpiration of the term of the permit. If ap-plication for renewal of a permit is filedwithin 30 days after the expiration of theterm, the permit shall be granted if any ad-ditional fee specified by the department inrules adopted under ORS 377.729 is paid atthe time the application is filed. Any permitnot renewed in accordance with this sectionshall be canceled.

(5) Permit fees for purposes of this sec-tion are as established by the department byrule under ORS 377.729.

(6) A permit shall be issued for one year.The applicable fee shall accompany the per-mit application. A fee may not be proratedfor a fraction of a year or be refunded if theoutdoor advertising sign is removed.

(7) The display surface of an outdoor ad-vertising sign may be changed or cutoutsmay be attached or removed within the signarea without obtaining a permit. However, apermit shall be obtained if the outdoor ad-vertising sign is reconstructed.

(8) A reconstruction permit may be is-sued for the addition of another display sur-face on the opposite side of an existing,conforming sign under permit, that is nolarger than the existing display surface.

(9) The director shall require removal ofa sign or shall cancel a permit and requireremoval of an outdoor advertising sign asprovided by ORS 377.775 if the director findsa sign has been erected, maintained or ser-viced from the highway right of way at anyportion of the right of way where the de-

partment has acquired rights of access to thehighway or rights of access have not accruedto the abutting property. If there is no per-mit for the outdoor advertising sign, then thedirector shall require removal of the outdooradvertising sign. In addition, the departmentmay recover from the owner of the sign oroutdoor advertising sign or from the personerecting, maintaining or servicing the signor outdoor advertising sign, the amount ofdamage to landscaping, sod, fencing, ditchesor other highway appurtenances resultingfrom such acts. If a permit is canceled underthis subsection, an outdoor advertising signmay not be relocated under ORS 377.767.

(10)(a) The director may cancel a permit,unless a corrected application is filed or theoutdoor advertising sign is brought intocompliance within 30 days after written no-tice thereof is mailed to the permittee, if thedirector finds:

(A) The applicant has knowingly suppliedmaterially false or misleading information inthe application for a permit or renewalthereof; or

(B) The sign covered by the permit vio-lates ORS 377.700 to 377.844.

(b) If a permit is canceled under thissubsection, an outdoor advertising sign maynot be relocated under ORS 377.767, and theholder of the permit is not entitled to a re-location credit.

(11) The director shall cancel a permitimmediately upon failure of a permittee toerect or maintain the outdoor advertisingsign as described by the permit applicationand to attach a permit plate to the sign 180days after the date of issuance of the permit.

(12) The director shall assign a permitplate with an identification number to thepermit issued for an outdoor advertising sign.The permittee shall attach the permit plateto the outdoor advertising sign so the plateis visible from the adjacent state highway.The absence of a permit plate or failure torenew the permit annually is prima facie ev-idence that the outdoor advertising sign doesnot comply with ORS 377.700 to 377.844.

(13) Except as otherwise provided in ORS377.712, 377.753 and 377.765, no permits shallbe issued for the erection of any new outdooradvertising sign after May 30, 2007.

(14) The director may establish morethan one class or type of outdoor advertisingsign permit as necessary or desirable tocarry out ORS 377.700 to 377.844.

(15) Any hearing under this section shallbe conducted as a contested case hearingunder ORS chapter 183. [1971 c.770 §23; 1973 c.790§4; 1974 c.33 §3; 1975 c.336 §4; 1977 c.265 §2; 1985 c.553§1; 1993 c.376 §2; 1993 c.741 §56; 1999 c.877 §5; 2001 c.750§5; 2003 c.126 §1; 2007 c.199 §9; 2009 c.463 §6]



377.726 [1977 c.265 §8; 1979 c.146 §3; 1981 c.308 §2;1999 c.877 §6; 2001 c.750 §6; repealed by 2007 c.199 §28]

377.727 [1974 c.33 §8; 1999 c.663 §1; 2007 c.71 §100;repealed by 2007 c.199 §28]

377.729 Fees for sign permits andbusiness licenses; rules. The Departmentof Transportation may adopt rules establish-ing permit fees for purposes of ORS 377.725and fees for an outdoor advertising businesslicense issued under ORS 377.730. Fees es-tablished by the department shall be designedto recover the cost to the department of reg-ulating signs that are outside the right ofway of a highway but are visible from thehighway. [1985 c.553 §4; 1987 c.336 §1; 2001 c.750 §2]

377.730 License for business of main-taining or erecting signs; fee; application;revocation; suspension. (1) A person shallnot engage in the business of erecting ormaintaining outdoor advertising signs forother persons without first obtaining an an-nual license therefor from the Director ofTransportation and paying the annual licensefee established by the Department of Trans-portation by rule as provided in ORS 377.729.

(2) An application for a license or re-newal thereof shall be made on a form fur-nished by the director, shall contain suchpertinent information as the director mayrequire and shall be accompanied by the ap-plicable annual fee. A license granted underthis section expires on June 30 of each year.The fee shall not be prorated. The directorshall by certified mail send to each licenseea notice of expiration of license and a re-newal application form not less than 30 daysbefore the date of expiration.

(3) If the director finds that an applicanthas knowingly provided materially false ormisleading information in the application orthat a licensee has violated any of the pro-visions of ORS 377.700 to 377.844, the direc-tor may revoke, suspend for a period of upto one year or refuse to renew the licenseunless a corrected application is filed or theviolation ceases, within 30 days after writtennotice to do so is mailed to the applicant orlicensee. During the suspension of a license,the licensee may continue in business, butshall not erect or reconstruct any sign re-quiring a permit under ORS 377.700 to377.844. [1971 c.770 §22; 1973 c.790 §5; 1993 c.741 §57;2001 c.750 §3]

377.735 Exemptions from sign permitrequirements; historic signs; rules. (1)The permit requirements of ORS 377.700 to377.844 do not apply to:

(a) Signs of a governmental unit, includ-ing but not limited to traffic control signs ordevices, legal notices or warnings.

(b) A temporary sign on private propertyif:

(A) The sign does not exceed 12 squarefeet;

(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 calendaryear, except that a sign erected by a residenton the resident’s residential property mayremain in place for longer than 60 days in acalendar year;

(D) No person receives compensation oranything of value as defined by the Depart-ment of Transportation by rule for displayingthe sign; and

(E) The sign complies with ORS 377.720.(2) The Department of Transportation

may adopt rules that, for good cause shown,allow a person displaying a temporary signto obtain a variance from the restrictions insubsection (1)(b) of this section. The depart-ment shall not consider the content of thesign in deciding whether to allow a variance.

(3) The department shall adopt rules forthe approval and preservation of historicsigns. Rules adopted under this subsectionmay not be based on or allow considerationof the content of the signs.

(4) The department shall adopt rules forthe erection and maintenance of permanentsigns that do not exceed six square feet andthat provide messages for the safety or con-venience of the public.

(5) ORS 377.700 to 377.844 do not applyto a sign erected or maintained within a citymore than 660 feet from the nearest edge ofthe right of way of a state highway, unlessthe sign is designed to be viewed primarilyfrom the state highway. [1971 c.770 §14; 1973 c.790§6; 1975 c.336 §5; 1977 c.265 §3; 1987 c.336 §5; 1993 c.741§58; 1999 c.877 §7; 2007 c.199 §10]

377.737 Giving or receiving compensa-tion or value for signs; rules. (1) To deter-mine whether a person is giving or receiving,or has given or received, compensation oranything of value as defined by the Depart-ment of Transportation by rule for displayinga sign, the department may issue an investi-gative demand upon any person it reasonablybelieves may have relevant documents or in-formation.

(2) If any person after being served aninvestigative demand under subsection (1) ofthis section fails or refuses to obey the de-mand, the Department of Transportation mayrequest that the Department of Justice applyto an appropriate circuit court and, after ahearing, request an order requiring compli-ance with the demand. [2007 c.199 §2]




377.740 ORS 377.700 to 377.844 not in-tended to authorize signs prohibited byother governmental units. Nothing in ORS377.700 to 377.844 and 377.992 is intended topermit a person to erect or maintain anysign that is prohibited by any governmentalunit. [1971 c.770 §25]

377.745 Limitation on form and sizeof signs. (1) Except as provided in subsec-tion (3) of this section, an outdoor advertis-ing sign 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 an

outdoor advertising sign or sign area underthis section:

(a) Cutouts that project beyond the bor-ders of an outdoor advertising sign shall beincluded in measuring the area of a sign, butnot the height or length of a sign. The signarea of cutouts shall be no more than 20percent of the area of the sign to which at-tached.

(b) The limitations apply separately toeach side of a back-to-back sign.

(c) The size limitations apply separatelyto each sign forming a V-type sign.

(d) The size limitations apply separatelyto each of the display surfaces on a tri-visionsign.

(3) A nonconforming outdoor advertisingsign in existence on May 30, 2007, may con-tinue to exceed the size limitations estab-lished in this section until the sign isreconstructed or relocated, at which time thesign must comply with subsection (1) of thissection. [1971 c.770 §20; 1973 c.790 §7; 1999 c.877 §8;2007 c.199 §11]

377.750 Spacing between signs. (1) Forthe purpose of applying the spacing providedby subsection (2) of this section:

(a) Distances shall be measured lineallyalong the highway and parallel to the centerline of the highway.

(b) A back-to-back sign, digital billboard,double-faced sign, V-type sign or tri-visionsign shall be considered one sign.

(c) Distance from an interchange shall bemeasured from a point departing from or en-tering onto the main traveled way.

(2) Except as provided in subsection (3)of this section, minimum spacing betweenoutdoor advertising signs shall be:

__________________________________________

Minimum spacebetween signs Minimumon same side space from

Type of highway of highway interchangewhere erected (in feet) (in feet)Interstate Highway

Inside cities 500 NoneOutside cities 2,000 500

FreewayInside cities 500 NoneOutside cities 1,000 500

Other state highwayInside cities 100 NoneOutside cities 500 None

__________________________________________

(3) A nonconforming outdoor advertisingsign in existence on May 30, 2007, may con-tinue to deviate from the spacing limitationsestablished in this section until the sign isreconstructed or relocated, at which time thesign shall comply with the spacing limita-tions established in this section. [1971 c.770 §21;1973 c.790 §8; 1997 c.249 §120; 1999 c.877 §9; 2007 c.199§12; 2011 c.562 §3]

377.753 Permits for outdoor advertis-ing signs; rules. (1) Notwithstanding theprovisions of ORS 377.715, 377.725 and377.770, the Department of Transportationmay issue permits for outdoor advertisingsigns placed on benches or shelters erectedor maintained for use by customers of a masstransit district, a transportation district orother public transportation agency.

(2) The department shall determine byrule the fees and criteria for the number,size, and location of such signs but the de-partment may not issue a permit for a signthat is visible from an interstate highway.[2007 c.199 §3]


377.755 [1971 c.770 §13; 1973 c.790 §9; 1974 s.s. c.33§4; 1977 c.256 §1; repealed by 1987 c.336 §7]

377.756 Permits for signs erected bycity or unincorporated community. (1)The Department of Transportation shall issuepermits for the erection of signs authorizedby ORS 377.756 to 377.758. Subject to sub-sections (2) and (3) of this section, permitsshall be issued at no cost to any city orcounty that applies or to any nonprofit orcivic applicant approved by a city or county.Each permit entitles the holder of the permitto erect one sign in accordance with thissection.

(2) Each city may be given permits underthis section entitling the city to erect not



more than two signs that are visible fromstate highways and that are within the citylimits or, pursuant to a memorandum ofunderstanding with appropriate federal au-thorities, are no more than one mile outsideof the city limits. The permits may be givendirectly to the city or may be given to anonprofit or civic organization designated bythe city governing body.

(3) Each county may be given permitsunder this section entitling each unincor-porated community identified in the countycomprehensive plan, as defined in ORS197.015, to erect not more than two signsthat are visible from state highways and thatare within one mile of the community growthboundary as designated by the county. Thepermits may be given directly to the countyor, if the county governing body so autho-rizes, to an unincorporated community or anonprofit or civic organization designated bythe county governing body.

(4) The department may not issue morethan 200 permits under this section. [1987 c.631§2]

377.757 Requirements for signs au-thorized by ORS 377.756; payment of costof sign. (1) A sign authorized by ORS377.756 shall not exceed 48 square feet insize and may not have a vertical or horizon-tal dimension of more than eight feet. Noth-ing in this subsection affects sizerequirements for signs of a governmentalunit that are authorized under ORS 377.735.

(2) Signs erected pursuant to ORS 377.756to 377.758 shall be kept in good repair andshall be clean and attractive.

(3) A county may require an unincor-porated community authorized to erect a signunder ORS 377.756 to 377.758 to pay for thecost of erecting and maintaining the sign.

(4) If a city or county obtains a permitunder ORS 377.756 for a nonprofit or civicorganization, the city or county may requirethe organization to pay the cost of erectingand maintaining the sign.

(5) Signs erected pursuant to ORS 377.756to 377.758 shall conform to the provisions ofORS 377.720. [1987 c.631 §§3,4]

377.758 Notification by federal author-ities of illegal sign; consequences. If ap-propriate federal authorities notify theDepartment of Transportation that theerection of a sign pursuant to any of theprovisions of ORS 377.756 to 377.758 is con-trary to any federal law, the departmentshall cease issuing permits and shall causeany signs erected pursuant to ORS 377.756 to377.758 to be removed. [1987 c.631 §5; 2001 c.104§128]

377.759 Issuance of relocation creditsfor removal of outdoor advertising signsfrom scenic byway; rules. (1) The Depart-ment of Transportation shall administer anincentive program to encourage voluntaryremoval of outdoor advertising signs fromparticularly scenic areas of scenic byways.

(2) An owner of an outdoor advertisingsign that is visible from a scenic byway mayapply to the department for participation inthe incentive program. The sign and permitmust meet the requirements of ORS 377.700to 377.844 to qualify for relocation. A signthat is a nonconforming sign for a defectthat cannot be remedied upon reconstructionat the same location does not qualify for theincentive program.

(3) If the department determines that thesign is in a particularly scenic area of a sce-nic byway, the department shall notify theowner that the sign qualifies for the incen-tive program. If the owner chooses to removethe sign, the owner shall notify the depart-ment of the date by which the owner willremove the sign. The removal date must benot later than 90 days after the department’snotification.

(4) The department shall issue two relo-cation credits to the owner in exchange forthe removal of a qualified sign. If the owneralso submits an application for relocation ofthe sign and permit under ORS 377.767, thedepartment may issue the relocation permitand one relocation credit. Any relocationcredit or relocation permit issued under theincentive program is subject to all the re-quirements of ORS 377.700 to 377.844.

(5) The department shall adopt rules toestablish standards to determine whether asign is in a location that is particularly sce-nic such that it qualifies for the incentiveprogram. [2009 c.463 §2]

Note: 377.759, 377.762 and 377.763 were added toand made a part of 377.700 to 377.844 by legislative ac-tion but were not added to any smaller series therein.See Preface to Oregon Revised Statutes for further ex-planation.

377.760 [1971 c.770 §26; 1973 c.790 §10; repealed by1987 c.336 §7]

377.762 Issuance of relocation creditsfor removal of sign. The Department ofTransportation shall issue a relocation creditupon the owner’s request if a sign is re-moved, the owner has lost the lease for thatsign site and the sign and permit meet therequirements of ORS 377.700 to 377.844. [2009c.463 §3]

Note: See note under 377.759.

377.763 Consolidation of relocationcredits. The owner of a relocation creditmay combine relocation credits for outdooradvertising signs that have 249 square feetor less of display surface on one side to form



a single relocation credit. After the relo-cation credits are combined, the Departmentof Transportation shall cancel the smallerrelocation credits used to create the com-bined relocation credit. The first time anowner uses a combined relocation credit, thecombined relocation credit is not restrictedby the provisions of ORS 377.767 (4). [2009c.463 §4]

Note: See note under 377.759.

377.765 Status of previously existingsigns; removal upon payment of compen-sation. (1) Outdoor advertising signs in ex-istence on May 30, 2007, and lawfully locatedwithin commercial or industrial zones in ex-istence on May 30, 2007, and outdoor adver-tising signs visible from a road or street thatis designated as a state highway after May30, 2007, and lawfully located within a com-mercial or industrial zone at the time theroad or street is designated as a state high-way, may remain. Subject to the provisionsof ORS 377.700 to 377.844, such signs may bemaintained, reconstructed and relocated.However, such signs may not be relocatedunless a relocation permit has been issuedpursuant to ORS 377.767. A permit may notbe issued to relocate an outdoor advertisingsign that was not lawfully in existence onMay 30, 2007, except that outdoor advertisingsigns that are visible from a road or streetthat is designated as a state highway afterMay 30, 2007, and that are lawfully locatedwithin a commercial or industrial zone at thetime the road or street is designated as astate highway, may be relocated within thesame section of highway.

(2) All outdoor advertising signs that arelawfully located outside of a commercial orindustrial zone and visible from an interstatehighway or a primary highway shall be re-moved upon payment of just compensation asprovided by ORS 377.780.

(3) Upon payment of just compensation,the Department of Transportation may re-move any lawful outdoor advertising sign lo-cated in a scenic area designated pursuantto ORS 377.505 to 377.540.

(4) Outdoor advertising signs in existenceon May 30, 2007, that are lawfully locatedoutside of a commercial or industrial zone inexistence on July 1, 1971, and visible from asecondary highway and not within a scenicarea existing on July 1, 1971, or thereafterdesignated a scenic area may be removedonly upon payment of just compensation asprovided in ORS 377.780. Upon payment ofjust compensation, the department may re-move the outdoor advertising sign. It maynot be reconstructed or replaced if destroyedby natural causes and may not be relocated.

(5) If a secondary highway existing onJuly 2, 1971, is subsequently designated as

an interstate or primary highway, upon pay-ment of just compensation, the departmentmay remove outdoor advertising signs notconforming to the provisions of ORS 377.700to 377.844.

(6) If any other highway is designated asan interstate or primary highway, upon pay-ment of just compensation, the departmentmay remove a nonconforming outdoor adver-tising sign lawful before such designation butnonconforming thereafter.

(7) Upon the construction or designationof a secondary highway, after July 2, 1971,an outdoor advertising sign lawfully in exist-ence and not regulated under ORS 377.700 to377.844 prior to such construction or desig-nation is subject to subsection (4) of thissection. [1971 c.770 §18; 1973 c.28 §1; 1973 c.790 §11;1975 c.336 §7; 1993 c.376 §3; 2007 c.199 §13; 2009 c.463 §7]

377.766 [2007 c.199 §4; repealed by 2009 c.463 §13]

377.767 Relocation of existing outdooradvertising sign; conditions. A permit ora relocation credit shall be issued for the re-location of a permitted outdoor advertisingsign lawfully located within a commercial orindustrial zone in existence on May 30, 2007,if the site lease for the sign is terminated forany reason. The existing outdoor advertisingsign may be relocated within any commercialor industrial zone if the new sign and thenew site comply with ORS 377.700 to 377.844,and upon the following conditions:

(1) The outdoor advertising sign that isrelocated may not have a sign size largerthan that specified in the permit for the signlocated on the site on which the lease wasterminated. However, an outdoor advertisingsign with 250 square feet or more of displaysurface on one side may be increased to themaximum size allowed by ORS 377.700 to377.844 if the relocated sign is not visiblefrom Interstate Highway 5, Interstate High-way 205, or Interstate Highway 84. A single-faced sign may be relocated as a back-to-backsign.

(2) The site for the relocated sign is notwithin the distances set forth below, on thesame side of the highway, from a site fromwhich an outdoor advertising sign was pur-chased pursuant to the provisions of ORS377.700 to 377.844.__________________________________________

Distance in EitherTypes of Highway Direction from Site

Interstate 2,000 feetFreeway 1,000 feetOther State Highway 500 feet

__________________________________________

(3) If an outdoor advertising sign is relo-cated within a commercial or industrial zonethat first came into existence after January



1, 1973, the site shall be within 750 feet of adeveloped commercial or industrial area, asmeasured parallel to the centerline of thehighway. For purposes of this subsection,“developed commercial or industrial area”includes only the land occupied by a build-ing, parking lot, storage area or processingarea of a commercial or industrial use andon the same side of the highway.

(4) A permit may not be issued to relo-cate an outdoor advertising sign more than100 miles from the existing site of the signas of May 30, 2007, as measured along publicstreets, roads or highways between that siteand the proposed new site. For relocationcredits that exist as of May 30, 2007, a per-mit may not be issued to relocate an outdooradvertising sign more than 100 miles fromthe existing site of the sign as of September1, 1977, as measured along public streets,roads or highways between that site and theproposed new site.

(5) Outdoor advertising signs may not berelocated to a scenic byway. If a portion ofa highway is no longer designated as a sce-nic byway, as provided by state and federallaw, an outdoor advertising sign may be re-located to that portion subject to ORS377.700 to 377.844 and 377.992 and any otherlimitations provided by law. [1975 c.336 §9; 1977c.265 §4; 1983 c.226 §1; 1993 c.268 §1; 1997 c.249 §121; 1999c.877 §10; 2007 c.199 §14; 2009 c.463 §8; 2011 c.562 §4]

377.768 Effect of relocation permit onexisting sign permit; duty of director.Notwithstanding ORS 377.700 to 377.844:

(1) Issuance of a permit under ORS377.767 to relocate an outdoor advertisingsign for which a permit has been issued un-der ORS 377.725 does not cancel the originalpermit issued under ORS 377.725 except asprovided in this section. The applicant forthe permit to relocate shall surrender theoriginal permit to the Director of Transpor-tation upon issuance of the permit to relo-cate. Upon completion of the relocation ofthe outdoor advertising sign, including theremoval of the sign structure from the ori-ginal site, the person holding the permit forrelocation of the sign shall immediately no-tify the director in writing.

(2) The director shall retain any permitsurrendered under subsection (1) of this sec-tion. If the director:

(a) Is notified that the relocation of theoutdoor advertising sign is completed within180 days after the issuance of the permit forrelocation, the director shall cancel the ori-ginal permit.

(b) Cancels the permit for relocation be-cause the relocation of the outdoor advertis-ing sign is not completed within 180 days asrequired under ORS 377.725, the director

shall reinstate the original permit for thesign to the person whose permit for relo-cation of the sign is canceled.

(3) A permit that is reinstated undersubsection (2) of this section remains validand retains all rights under ORS 377.725 ofa permit that has not been surrendered un-der this section. [1979 c.146 §2; 1993 c.741 §59; 2007c.199 §15; 2009 c.463 §9]

377.770 Signs in protected, commercialor industrial areas. (1) Signs and outdooradvertising signs erected or maintainedwithin protected areas shall comply with thesign rules for protected areas. If any pro-vision of ORS 377.700 to 377.844 or rulesadopted pursuant thereto are more restric-tive than the sign rules for protected areas,the more restrictive provision or rule applies.

(2) In addition to the requirements pro-vided by subsection (1) of this section, andsubject to ORS 377.505 to 377.540, 377.720,377.725, 377.745, 377.750 and 377.767:

(a) Outdoor advertising signs lawfully inexistence on May 30, 2007, may be main-tained, reconstructed or relocated withincommercial or industrial zones. Within cities,an outdoor advertising sign may not beerected more than 660 feet from the nearestedge of the right of way if the sign is de-signed to be viewed primarily from a statehighway.

(b) The Legislative Assembly declares itis the paramount policy of this state to pro-hibit outdoor advertising signs visible to thetraveling public from a state highway exceptthose lawfully in existence on May 30, 2007,in commercial or industrial zones establishedon May 30, 2007, except as provided by ORS377.753, 377.765 and 377.767. [1971 c.770 §19; 1973c.790 §12; 1974 c.33 §5; 1975 c.336 §10; 2007 c.199 §16]

377.773 When sign abandoned; re-moval. Any sign that does not have a mes-sage on the display surface for a period of sixmonths is deemed to have been abandonedby the owner and is a noncomplying signsubject to removal by the Director of Trans-portation under the procedure set forth inORS 377.775. [1974 c.33 §7; 1975 c.336 §11; 1993 c.741§60; 2007 c.199 §17]

377.775 Removal procedure for non-complying signs; ownership issues athearing; disposition of removed signs;costs of removal. (1) Any sign that fails tocomply with ORS 377.700 to 377.844 is apublic and private nuisance. In addition tothe penalties provided by ORS 377.992, sucha sign may be removed by the Director ofTransportation or the duly authorized repre-sentative of the director as provided by thissection. The director may enter upon privateproperty and remove the sign without incur-ring any liability therefor.



(2) If a noncomplying sign does not bearthe name and address of its owner or if theowner is not readily identified and located,the director may remove it immediately.

(3)(a) If a noncomplying sign bears thename and address of its owner or if theowner of the sign is readily identified andlocated, the director shall notify the ownerthat the sign is in violation of ORS 377.700to 377.844 and that the owner has 30 daysfrom the date of the notice within which tomake the sign comply, to remove the sign orto request a hearing before the directorwithin the time specified in the notice.

(b) If the sign is not made to comply oris not removed and if the owner does not re-quest a hearing within the time required, orif the owner after a hearing fails to complywith the final order in the proceedings, thedirector or the duly authorized represen-tatives of the director may remove and de-stroy or otherwise dispose of the sign.

(4)(a) If the person who receives noticeunder subsection (3) of this section intendsto raise issues regarding ownership interestsin the sign or its appurtenances in a hearingrequested under subsection (3) of this sec-tion, the request for hearing must includenotice that the person intends to raise thoseissues and must contain the names and ad-dresses of all persons who have ownershipinterests in the sign or its appurtenances.

(b) If the person requesting the hearingunder subsection (3) of this section fails toinclude notice of intent to raise issues re-garding ownership interests, the person maynot raise the issues in the hearing. In addi-tion, the person who requested the hearingmay not raise issues regarding ownership in-terests of any person whose name and ad-dress the person who requested the hearinghas failed to provide as required by para-graph (a) of this subsection.

(c) For purposes of this subsection, anownership interest includes, but is not lim-ited to:

(A) An interest in the land on which thesign is located, in the sign structure and inthe display surface; and

(B) A right to operate the sign, whetherthe right is created by lease, operatingagreement or otherwise.

(5)(a) The director shall, after removinga sign in accordance with subsection (2) ofthis section, place the sign in storage for 30days while the director makes a further ef-fort to find its owner.

(b) If the owner cannot be found within30 days, the director may, without incurringany liability therefor, destroy or otherwisedispose of the sign.

(c) If the owner is found within 30 days,the owner may be required to remove thesign from storage.

(d) If the owner is found at any time, thedirector may recover from the owner the costof storage. The cost of storage is in additionto the cost of removal payable under subsec-tion (6) of this section.

(6) The owner is liable for, and the di-rector shall collect, the costs of removing asign. Costs shall be determined by the direc-tor on the basis of actual costs of removalor on a square-foot flat fee basis.

(7) A hearing under this section shall beconducted as a contested case hearing underORS chapter 183. [1971 c.770 §17; 1973 c.790 §13;1977 c.265 §5; 1993 c.741 §61; 2001 c.508 §2; 2007 c.199 §18]

377.777 Action to enjoin person fromviolation of ORS 377.700 to 377.844. If theDepartment of Transportation has issuedthree or more final orders in a 12-month pe-riod finding that a person has violated oneor more provisions of ORS 377.700 to 377.844,the Director of Transportation may file anaction for injunctive relief to enjoin the per-son, or any other entity substantially con-trolled or directed by the person, fromfurther violating ORS 377.700 to 377.844. Theaction may be filed in the Circuit Court forMarion County or in the circuit court of thecounty that is the principal place of businessor residence of the person the director seeksto enjoin. [2001 c.508 §5]


377.780 Removal of outdoor advertis-ing signs; payment of compensation;value determinations. (1) Where the De-partment of Transportation elects to removeand pay for a sign visible from secondaryhighways pursuant to ORS 377.765 (4), uponremoval, the department shall pay just com-pensation.

(2) For the purposes of ORS 377.700 to377.844, the department may acquire by pur-chase, agreement, donation or exercise of thepower of eminent domain land or an interestin land or a sign. The department shall payjust compensation for:

(a) The taking from the owner of suchlawfully located sign all right, title, leaseholdand interest in such sign; and

(b) The taking from the owner of the realproperty on which the sign is located theright to place such sign thereon.

(3) When the department is required un-der ORS 377.700 to 377.844 to make paymenttherefor to remove a sign, the payment shallbe for the value of the items specified bysubsection (2) of this section, as determined



by the department. In determining value, thedepartment shall use the accepted appraisalmethod customarily used in such cases or themethod prescribed by federal regulations, ifany, applicable to such appraisals or pay-ments, whichever results in the lowest valu-ation. However, in any case, the departmentshall so appraise such signs or rights takenby whatever method may be required toavoid imposition of a reduction in theamount of federal highway funds the stateotherwise would be eligible to receive. [1971c.770 §16; 1973 c.790 §14; 1975 c.336 §12; 2007 c.199 §19;2009 c.463 §10]

377.785 [1971 c.770 §5; 1973 c.790 §15; 1983 c.324 §36;1985 c.104 §4; renumbered 285.163 in 1991]

377.787 Contracts to study travelerinformation needs; council to establishsign programs; rules. (1) The Travel Infor-mation Council may enter into contractualor other agreements with other governmentalagencies of this state or an independent con-tractor to study various ways of providinginformation deemed necessary to the travel-ing public by signs, information centers orother means. The council may also enter intocontractual or other agreements with othergovernmental agencies of this state or an in-dependent contractor for the construction ofexperimental signs or displays to provide in-formation deemed necessary to the travelingpublic.

(2) Notwithstanding any other provisionsof ORS 377.700 to 377.844, the Travel Infor-mation Council shall institute logo sign andmotorist informational sign programs on thestate highway system and adopt any rulesnecessary to carry out such programs. [1979c.478 §§5,7; 2007 c.199 §20]

377.790 Construction, maintenanceand operation of tourist and motorist in-formational signs. Pursuant to the termsof a written agreement between the Depart-ment of Transportation and the Travel Infor-mation Council:

(1) The department shall furnish, erectand maintain motorist informational signs,logo signs, tourist oriented directional signsand sign plazas as requested by the council.Such signs shall be erected and maintainedat locations the council considers appropri-ate. The department may contract for thefurnishing, erection and replacement of allsuch sign plazas, logo signs, tourist orienteddirectional signs and motorist informationalsigns to be erected upon a state highway, intourist information centers, rest areas orother places.

(2) In carrying out its responsibilitiesunder ORS 377.700 to 377.844 the councilmay enter into contractual or other agree-ments with a city, county or other govern-mental agency of this state or with an

independent contractor providing for theerection, maintenance, administration andoperation of sign plazas, logo signs, touristoriented directional signs and motorist infor-mational signs and collection of the permitfees charged therefor, or for other matterauthorized under ORS 377.700 to 377.844 re-quiring council consideration. When solicit-ing contracts for goods or professionalservices, the council shall:

(a) Require that an independent contrac-tor, city, county or other governmentalagency of the state submit a competitive bid;

(b) Review bids submitted;(c) Select the contractor; and(d) Enter into a written contract with the

selected contractor, subject to contract spec-ifications established by the department. [1971c.770 §6; 1973 c.790 §16; 1983 c.111 §3; 1993 c.745 §7; 2003c.14 §164]

377.795 Allocation of costs of tele-phone informational system; webpage fee;disposition of receipts. (1) Whenever theTravel Information Council establishes atelephone reservation system for lodging ac-commodations or other travel services at asign plaza, the costs thereof shall be appor-tioned among the subscribing motels, hotels,trailer parks, campgrounds or providers ofother travel services on a per room or otherequitable basis.

(2)(a) Whenever the council establishes atourist and motorist information Internetwebpage, or cooperates with the Departmentof Transportation or another public or pri-vate entity to provide information abouttravel services through an Internet webpage,the council may charge a fee for advertise-ment by, or information provided on theInternet webpage on behalf of, the providersof travel services.

(b) The council may not place an adver-tisement for a provider of travel services onan Internet webpage identified as a depart-ment webpage. The department may place alink to the council’s Internet webpage on anInternet webpage identified as a departmentwebpage.

(3) If the council and the Department ofTransportation decide to use the telephonesystem or the tourist and motorist informa-tion Internet webpage for emergency orother services, an appropriate portion of theoverall telephone and Internet costs shall beborne by the department.

(4) Receipts shall be deposited monthly,before the 10th day of the month, to theTravel Information Council account requiredby ORS 377.840.

(5) The council may enter into one ormore contracts providing for the promotionand sale of logos, motorist informational



signs, sign plazas, subscriptions to the tele-phone reservation service and subscriptionsto the tourist and motorist informationInternet webpage. [1971 c.770 §7; 1973 c.790 §17;1993 c.745 §8; 2001 c.296 §1; 2003 c.14 §165]

377.800 Tourist and motorist informa-tional signs; logo signs; sign and travelplazas. (1) For the convenience and infor-mation of the traveling public, a person mayupon obtaining a permit therefor displaymessages as may be allowed by rule adoptedby the Travel Information Council for theparticular type of sign on a motorist infor-mational sign, tourist oriented directionalsign or logo sign or at a sign plaza or travelplaza.

(2) The Travel Information Council maynot erect a travel plaza on public landswithout first obtaining consent from theagency that owns the land. [1971 c.770 §9; 1973c.790 §18; 1975 c.336 §13; 1983 c.111 §4; 2007 c.199 §25]

377.805 Form of tourist and motoristinformational signs; use of logo signs. (1)The Travel Information Council shall by reg-ulation prescribe the size, shape, color,lighting, and lettering of and manner of dis-playing messages on tourist oriented direc-tional signs, logo signs and motoristinformational signs.

(2) When appropriate, logo signs, touristoriented directional signs and motorist infor-mational signs shall be displayed in tiers oron panels. With the approval of the Directorof Transportation, the council shall specifythe types of locations where such a sign orpanel may be erected or maintained, and thesize, shape, lighting and other characteristicsof the panels, including the location of signsthereon. Tiers or panels may be establishedat reasonably spaced intervals or at signplazas.

(3) Distinctive signs shall be allowed tothe extent considered practicable by thecouncil. Logo signs shall be the primarymeans used to indicate the availability of oneor more brands of motor fuel. Logos shall beof the shape, color and wording customarilyused by the company. Logo signs and touristoriented directional signs shall be placed ad-jacent to the traveled portion of the highwayso as to be easily read by motorists withoutslowing or stopping. [1971 c.770 §10; 1973 c.790 §19;1983 c.111 §5; 1993 c.741 §62]

377.810 [1971 c.770 §12; repealed by 1973 c.790 §27]

377.820 Application for tourist or mo-torist informational sign permit; investi-gation; disposition. (1) An application for atourist oriented directional sign, logo sign ora motorist informational sign permit shall besubmitted to the Travel Information Councilon a form prescribed by the council. The ap-plication shall set forth the name and ad-

dress of the applicant; the name, nature andlocation of the business or activity; the lo-cation where a tourist oriented directionalsign, logo sign or a motorist informationalsign is desired; and such other informationas the council may require. The applicantshall tender with the application the permitfee required under ORS 377.825 for each signrequested.

(2) Upon receipt of an application for atourist oriented directional sign, logo sign ora motorist informational sign, the councilshall refer the application to the Departmentof Transportation. Upon receipt of the appli-cation the department shall do all the fol-lowing:

(a) Notify any city in which a sign isproposed to be located of the proposed lo-cation and composition of the sign and seekcomments from the city.

(b) Investigate the facts and make a re-port to the council with its recommendationsthereon.

(c) Not recommend approval of an appli-cation unless the requested location con-forms to the requirements prescribed by thecouncil under ORS 377.805 and, if applicable,unless the applicant is complying with allstatutes and rules of the State Health Officerregarding restaurants and places of publicaccommodation.

(d) Notify the council promptly in writingof the results of its investigation and itsrecommendations and the reasons for anyrecommended disapproval.

(3) If the council approves the applicationit shall issue the permit and forward the or-iginal to the applicant and a copy thereof tothe director. If it is not approved, the councilshall return the application and fee, statingthe reasons for disapproval and giving theapplicant opportunity to correct any defectsor to be heard within 30 days by the counciland to present evidence, with or withoutcounsel at the applicant’s discretion. Uponwritten request, the council shall hear thematter and notify the applicant of its find-ings and decision. The applicant may thenappeal in the manner provided by ORS chap-ter 183. [1971 c.770 §24; 1973 c.790 §20; 1983 c.111 §6;1983 c.523 §1a; 1993 c.741 §63]

377.825 Fees for sign applications,maintenance costs and reinstallation. (1)An applicant for a logo sign, tourist orienteddirectional sign or a motorist informationalsign shall pay to the Travel InformationCouncil an initial permit fee and an annualrenewal fee which shall be determined foreach year by the council in advance of suchyear.

(2) The council may establish a feeschedule for maintenance costs.



(3) The council may establish a fee forreinstallation of a sign that has been re-moved. [1971 c.770 §27; 1973 c.790 §21; 1983 c.111 §7;1991 c.525 §1; 1999 c.38 §1]

377.830 Limitation on motorist infor-mational sign permits; use of logo signs.Notwithstanding any other provisions of ORS377.700 to 377.844, the Travel InformationCouncil shall not issue, for any one place orbusiness eligible therefor, more than twopermits for motorist informational or logosigns for one direction of travel on a statehighway leading to the place or business.Where a logo is available it shall be used andshall be one of the two allowable signs. [1971c.770 §11; 1973 c.790 §22; 1983 c.111 §8]

(Digital Billboards)377.831 Application for digital

billboard permit. (1) As used in this section:(a) “Bulletin” means an outdoor adver-

tising sign with a display surface that is 14feet by 48 feet.

(b) “Poster” means an outdoor advertis-ing sign with a display surface that is 12 feetby 25 feet.

(2) If an outdoor advertising sign beingrelocated is relocated as a digital billboardor if an outdoor advertising sign being re-constructed is reconstructed as a digitalbillboard, an applicant for a permit underORS 377.725 must exchange the following inorder to receive one permit for a digitalbillboard:

(a) An applicant with 10 percent or lessof the total number of relocation credits inexistence on the date the Department ofTransportation receives the application for adigital billboard permit shall either removeone existing outdoor advertising sign and re-tire the permit for that sign or retire onerelocation credit. The permit or relocationcredit retired must be for signs with a dis-play surface of at least 250 square feet.

(b) An applicant with more than 10 per-cent of the total number of relocation creditsin existence on the date the department re-ceives an application for a digital billboardpermit shall:

(A) For a digital billboard that is a bul-letin:

(i) Remove two existing bulletins, retirethe permits for those bulletins and retirethree relocation credits;

(ii) Remove one existing bulletin and twoexisting posters, retire the permits for thebulletin and posters and retire three relo-cation credits; or

(iii) Remove four existing posters, retirethe permits for those posters and retire threerelocation credits.

(B) For a digital billboard that is aposter:

(i) Remove two existing posters, retirethe permits for those posters and retire threerelocation credits; or

(ii) Remove one existing bulletin, retirethe permit for the bulletin and retire threerelocation credits.

(3) The relocation credits retired undersubsection (2)(b) of this section must be forsigns with a display surface of at least 250square feet.

(4) Notwithstanding ORS 377.759 and377.762, an owner that removes an outdooradvertising sign under this section is not en-titled to a relocation credit.

(5) When calculating the number of relo-cation credits an owner possesses, the de-partment shall consider the total number ofrelocation credits owned by any corporateentity held in common ownership with theowner in order to determine how many out-door advertising signs the owner must re-move and how many relocation credits theowner must retire to receive a permit toerect a digital billboard.

(6) The department shall cancel the relo-cation credits and permits submitted underthis section upon issuance of a permit toerect a digital billboard.

(7) Two permits for a digital billboard arerequired to erect a back-to-back or V-typedigital billboard.

(8) The first time an owner uses a permitto erect a digital billboard, the permit is notrestricted by the provisions of ORS 377.767(4).

(9) The department shall issue one digitalbillboard relocation credit for each digitalbillboard that is removed. A digital billboardrelocation credit may be used only to erecta digital billboard and may not be used toerect any other type of outdoor advertisingsign.

(10) Except as provided in subsection (8)of this section, an outdoor advertising signthat is being relocated as a digital billboardmust meet all requirements of ORS 377.767.[2011 c.562 §6]

377.833 Public notifications. (1) TheDepartment of Transportation shall work to-gether with the Travel Information Council,the Office of Emergency Management, theDepartment of State Police, the Secretary ofState and owners of digital billboards to de-velop a public notification plan for the pur-pose of using digital billboards to displaynotifications to the traveling public relatedto civic activities and public safety. Publicnotifications include but are not limited toinformation about the Government Waste



Hotline established under ORS 177.170, elec-tions, voter registration, Amber Alerts andnatural disasters and other emergencies.

(2) The Department of Transportation, incoordination with the Office of EmergencyManagement, the Department of State Po-lice, the Secretary of State and owners ofdigital billboards, shall prepare a writtenpublic notification plan. In preparing theplan, the Department of Transportation shalladdress:

(a) The criteria to be applied in deter-mining when it is appropriate to request thatan owner of a digital billboard display apublic notification.

(b) The procedures used to determine theexpiration of a notification and to recall therequest once the information is no longerneeded. [2011 c.562 §7]

(Travel Information Council)377.835 Creation of Travel Information

Council as semi-independent stateagency; members; qualifications; ap-pointment; terms; chairperson; quorum;rules. (1) The Travel Information Council iscreated as a semi-independent state agency.

(2) The Travel Information Council shallconsist of 11 members. One shall be thechairperson of the Oregon TransportationCommission or a person designated by thechairperson. The Governor shall appoint theother 10 members from the public at large.The Governor shall appoint at least onemember from each congressional district.The Governor shall select members for theirknowledge of, experience with or interest ineconomic development, travel within Oregon,recreational opportunities in Oregon, Oregonhistory or Oregon natural history.

(3) Each appointed member shall servefor a term of four years, but an appointedmember may be removed at the pleasure ofthe Governor. Before the expiration of theterm of an appointed member, the Governorshall appoint a successor whose term beginson July 1 next following. An appointed mem-ber is eligible for reappointment. If there isa vacancy for any cause, the Governor shallmake an appointment to become effectiveimmediately for the unexpired term.

(4) The council shall select one of itsmembers as chairperson, another as vicechairperson and a third as secretary. A ma-jority of the members serving on the councilshall constitute a quorum for the transactionof business. The council shall meet quarterlyat a time and place to be determined by thechairperson. The chairperson or any threemembers of the council may call a specialmeeting upon not less than one week’s writ-ten notice to the other members. All mem-

bers are entitled to expenses as provided byORS 292.495.

(5) The council may, in accordance withORS chapter 183 and consistent with ORS377.700 to 377.844, adopt, amend and repealrules relating to tourist oriented directionalsigns, logo signs and motorist informationalsigns and all other matters necessary andappropriate to carry out its responsibilitiesunder ORS 377.700 to 377.844. The sign rulesfor protected areas in effect on July 2, 1971,shall be continued in effect unless modifiedby the commission. All rules adopted underthis subsection shall be consistent with fed-eral laws and regulations relating to high-ways. The Director of Transportation shalltake appropriate action for the administra-tion and enforcement of orders issued andrules adopted under ORS 377.700 to 377.844,except rules adopted by the council underORS 377.842.

(6) The commission may continue oramend any existing agreements and may en-ter into new agreements with the UnitedStates or any agency thereof authorized tomake agreements under section 131, title 23,United States Code relating to the regu-lation, control and removal of signs withinor adjacent to the Interstate and Federal AidSystems.

(7) The council shall be under the ad-ministrative control of a director who is ap-pointed by and who holds office at thepleasure of the council. The director of thecouncil may appoint all subordinate officersand employees of the council and may pre-scribe their duties and fix their compensa-tion. The director of the council maydelegate to any subordinate officer or em-ployee any administrative duty, function orpower imposed upon the council by or pur-suant to law. [1971 c.770 §4; 1973 c.790 §23; 1981 c.545§5; 1983 c.111 §9; 1993 c.741 §§64,64a; 1997 c.632 §6; 2012c.63 §1; 2013 c.523 §5]

377.836 Application of certain statutesto Travel Information Council. (1) Exceptas otherwise provided by law, and except asprovided in subsection (2) of this section, theprovisions of ORS 279.835 to 279.855 and283.085 to 283.092 and ORS chapters 240, 276,279A, 279B, 279C, 282, 283, 291, 292 and 293do not apply to the Travel InformationCouncil. The council is subject to all otherstatutes governing a state agency that do notconflict with ORS 377.700 to 377.844, includ-ing the tort liability provisions of ORS 30.260to 30.300 and the provisions of ORS chapter183. Subject to the requirements of ORSchapters 238 and 238A, the council’s em-ployees are members of the Public EmployeesRetirement System.

(2) The following shall apply to thecouncil:



(a) ORS 279A.250 to 279A.290;(b) ORS 282.210 to 282.230; and(c) ORS 293.235, 293.240, 293.245, 293.611,

293.625 and 293.630. [1993 c.745 §4; 1997 c.249 §122;2003 c.733 §77; 2003 c.794 §268; 2012 c.107 §63]

377.837 [1973 c.790 §26; repealed by 1983 c.111 §10]

377.838 Authority of director of TravelInformation Council. (1) Except as providedin subsection (2) of this section, in carryingout the duties, functions and powers of theTravel Information Council, the director ofthe Travel Information Council may contractwith any state agency for the performanceof such duties, functions and powers as thecouncil considers appropriate.

(2) The director of the Travel InformationCouncil may not, without the prior approvalof the council:

(a) Award any contract for goods or pro-fessional services in excess of $25,000; or

(b) Authorize any expenditure of moneysin excess of $25,000.

(3) The council shall file with the Gover-nor, the Legislative Assembly and the Legis-lative Fiscal Officer an annual report of theactivities and operations of the council. [1993c.745 §5; 1993 c.741 §64b; 2011 c.630 §3]

377.839 Authority of Travel Informa-tion Council. The Travel Information Coun-cil created under ORS 377.835 may:

(1) Erect, improve, repair, maintain,equip and furnish buildings, structures andlands as the council determines is necessaryto carry out its responsibilities under ORS377.700 to 377.844; and

(2) Acquire, receive, hold, control, con-vey, sell, lease, lend, manage, operate, im-prove and develop any and all property, realor personal, as the council determines isnecessary to carry out its responsibilitiesunder ORS 377.700 to 377.844. [2012 c.63 §4]

377.840 Travel Information Councilaccount; budget process; disposition ofmoneys received. (1) All moneys collected,borrowed or received by the Travel Informa-tion Council shall be deposited into a TravelInformation Council account established ina depository insured by the Federal DepositInsurance Corporation or the NationalCredit Union Share Insurance Fund. In amanner consistent with the requirements ofORS 295.001 to 295.108, the council shall in-sure that sufficient collateral secures anyamount of funds on deposit that exceeds thelimits of the coverage of the Federal DepositInsurance Corporation or the NationalCredit Union Share Insurance Fund. Thecouncil may invest moneys collected, bor-rowed or received by the council. Invest-ments made by the council are limited to the

types of investments listed in ORS 294.035.Interest earned from any amounts investedshall be made available to the council in amanner consistent with the council’s ap-proved biennial budget.

(2) Subject to the approval of the TravelInformation Council or the director of theTravel Information Council, all necessarycouncil expenses shall be paid from themoneys collected, borrowed or earned by thecouncil.

(3) Upon approval of a majority of theTravel Information Council, the director mayborrow money. The council may not borrowan amount that exceeds the estimated reven-ues from amounts collected, received orearned by the council for the year.

(4) The Travel Information Council maynot borrow money under subsection (3) ofthis section unless the indebtedness or otherobligations of the council attributable to theborrowing are payable solely out of thecouncil’s own resources. Such indebtednessor other obligations of the council do notconstitute a pledge of the full faith andcredit of the State of Oregon or any of therevenues of this state.

(5)(a) The Travel Information Councilshall adopt a budget on a biennial basis us-ing the classifications of expenditures andrevenues required by ORS 291.206 (1). How-ever, the budget shall not be subject to re-view and approval by the LegislativeAssembly or to future modification by theEmergency Board or Legislative Assembly.

(b) The Travel Information Council shalladopt a budget only after a public hearingthereon. At least 15 days prior to any publichearing on the budget, the council shall givenotice of the hearing to all persons knownto be interested in the proceedings of thecouncil and to any person who requests no-tice.

(6) All expenditures from the Travel In-formation Council account are exempt fromany state expenditure limitation. The TravelInformation Council shall follow generallyaccepted accounting principles and keep suchother financial and statistical information asmay be necessary to completely and accu-rately disclose the financial condition and fi-nancial operations of the council as may berequired by the Secretary of State.

(7) The Secretary of State shall conductan annual financial review of the moneyscollected, borrowed or received by the TravelInformation Council and the expenditure ofthose moneys. The Secretary of State may:

(a) Contract for the financial review withan independent certified public accountant;or



(b) Accept a financial review conductedby an independent certified public account-ant.

(8) As used in this section, “depository”has the meaning given in ORS 295.001. [1971c.770 §29; 1973 c.790 §24; 1987 c.57 §1; 1987 c.336 §6; 1993c.741 §64c; 1993 c.745 §6; 1995 c.245 §12; 2003 c.405 §7;2007 c.871 §28; 2010 c.30 §16; 2013 c.523 §1]

377.841 Roadside rest areas. (1) TheTravel Information Council shall manage,maintain, improve and develop for local eco-nomic development and other purposes iden-tified in ORS 377.705 roadside rest areasalong the following highways:

(a) Interstate 5, northbound, nearmilepost 63.

(b) Interstate 5, southbound, nearmilepost 63.

(c) Interstate 5, northbound, nearmilepost 143.

(d) Interstate 5, southbound, nearmilepost 143.

(e) Interstate 5, northbound, nearmilepost 178.

(f) Interstate 5, southbound, nearmilepost 178.

(g) Interstate 5, northbound, nearmilepost 206.

(h) Interstate 5, southbound, nearmilepost 206.

(i) Interstate 5, northbound, nearmilepost 241.

(j) Interstate 5, southbound, nearmilepost 241.

(k) Interstate 5, northbound, nearmilepost 281.

(L) Interstate 5, southbound, nearmilepost 281.

(m) Interstate 84, eastbound, nearmilepost 73.

(n) Interstate 84, westbound, nearmilepost 73.

(o) Interstate 84, eastbound, nearmilepost 160.

(p) Interstate 84, westbound, nearmilepost 160.

(q) Interstate 84, eastbound, nearmilepost 187.

(r) Interstate 84, westbound, nearmilepost 187.

(s) Interstate 84, eastbound, nearmilepost 269.

(t) Interstate 84, westbound, nearmilepost 269.

(u) Interstate 84, eastbound, nearmilepost 295.

(v) Interstate 84, westbound, nearmilepost 295.

(w) Interstate 84, westbound, nearmilepost 336.

(x) Interstate 84, westbound, nearmilepost 377.

(y) U.S. Highway 26, westbound, nearmilepost 54.

(z) U.S. Highway 101, southbound, nearmilepost 70.

(2) Subject to subsection (4) of this sec-tion, in carrying out the provisions of sub-section (1) of this section, the council mayenter into contracts necessary to accomplishthe purposes of subsection (1) of this section.

(3) The Department of Transportationshall:

(a) Maintain ownership of any roadsiderest area located along an interstate highwaythat the council manages, maintains, im-proves and develops pursuant to subsection(1) of this section; and

(b) Enter into an intergovernmentalagreement with the council under which thecouncil has the authority to manage, main-tain, improve and develop those rest areasowned by the department that are listed insubsection (1) of this section.

(4) Under the intergovernmental agree-ment entered into under subsection (3) ofthis section, the council shall conduct publiccontracting activities in accordance with theprovisions of ORS 377.836.

(5) For the purpose of funding the man-agement, maintenance, improvement and de-velopment of roadside rest areas under thissection, the department shall allocate to thecouncil, no later than January 2 of eachyear, $6.55 million from the State HighwayFund.

(6) The council may not use any moneysoriginating from a local transient lodging taxor a state transient lodging tax, as thoseterms are defined in ORS 320.300, for thepurpose of funding the management, mainte-nance, improvement and development ofroadside rest areas under this section. [2009c.865 §32; 2012 c.63 §§8,13,15; 2013 c.523 §§3,4]

377.842 Coffee and cookies at roadsiderest areas; rules. (1) The Travel Informa-tion Council shall establish by rule a permitprogram allowing nonprofit organizations toprovide free coffee or other nonalcoholicbeverages and cookies at roadside rest areasmanaged by the council pursuant to ORS377.841. Cookies offered under the programmust come from a licensed facility. Rulesadopted under this section may not restrictthe program to any particular days of theyear.

(2) An organization may apply for a per-mit to provide coffee, other nonalcoholic



beverages and cookies at a rest area man-aged by the council by submitting a writtenrequest to the council. The request shallspecify the day on which the organizationwishes to offer the nonalcoholic beveragesand cookies and the specific rest area wherethey will be offered. The request shall besubmitted not less than 60 days prior to thedate requested.

(3) The council shall issue a permit tothe selected organization not less than 30days in advance of the date for which thepermit is issued. If there is more than onerequest for the same date and the sameplace, the council shall select one organiza-tion by random drawing and shall issue thepermit to that organization.

(4) The council may not issue more thanone permit for the same time and place.

(5) An organization that receives a per-mit shall confine distribution of coffee, othernonalcoholic beverages or cookies to an areaof the rest area designated in the permit orby the rest area attendant. The organizationmay not obstruct access to any building orother structure in the rest area.

(6) An organization providing coffee,other nonalcoholic beverages or cookies mayaccept donations at the rest area while pro-viding coffee, other nonalcoholic beveragesor cookies.

(7) An organization may post signs iden-tifying the organization and the activity,provided that each sign is not more than 10square feet in area and there are not morethan two signs. The signs may be placedonly on vehicles used in connection with theprovision of nonalcoholic beverages andcookies or located in the area designated forthe activity.

(8) The council may revoke the permit ofany organization that fails to comply withthe provisions of this section or with rulesadopted by the council to implement theprovisions of this section. [2009 c.865 §33; 2012c.63 §10]

377.844 Enforcement of rules regard-ing health and safety. (1) In addition to anyother persons permitted to enforce violations,the director of the Travel Information Coun-cil and any person specifically designated bythe director may issue and serve citations toany person for violation of a rule adoptedunder ORS 366.493.

(2) The authority granted under this sec-tion is limited to violations that occur atroadside rest areas the council is responsiblefor managing under ORS 377.841.

(3) A citation issued under this sectionshall substantially conform to the require-ments for a citation under ORS chapter 153.[2011 c.328 §1]

377.845 Use of funds by Departmentof Transportation after repayment ofhighway fund. After the Travel InformationCouncil has repaid the State Highway Fundfor all moneys advanced or owed it may thenutilize any funds received in excess of ex-penses to reimburse the Department ofTransportation for such part of the cost ofproviding public service information in signplazas in rest areas as the council may de-cide and also for the acquisition of outdooradvertising signs located outside of commer-cial or industrial zones adjacent to secondaryhighways. The Travel Information Councilmay enter into such agreements with the de-partment as are necessary to carry out theprovisions of this section. [1975 c.336 §15]

377.990 [Amended by 1953 c.335 §2; subsection (4)of 1957 Replacement Part enacted as 1955 c.541 §19; re-pealed by 1959 c.309 §22]

PENALTIES377.992 Penalties; rules. (1)(a) A person

who violates any provision of ORS 377.510 (1)or 377.700 to 377.844 or any regulation of theTravel Information Council adopted pursuantthereto is subject to a civil penalty of up to$1,000 per day for each day of violation, orthe amount of gross revenues earned for thesign during the period of time the violationcontinues, whichever is greater.

(b) The Department of Transportationshall adopt rules to develop a decision matrixto be used in determining the amount of thecivil penalty imposed under this subsection.The matrix must take into account the na-ture of the violation committed, the numberof violations committed and any other factorsthe department determines necessary.

(2) Violation of the conditions and pro-visions of a permit procured under ORS377.050 by any person having procured thepermit is punishable, upon conviction, by acivil penalty of not more than $100.

(3) Violation of ORS 377.030 to 377.050,377.510 (2), 377.620 (2) or 377.635 is punish-able, upon conviction, by a civil penalty ofnot more than $100.

(4) Civil penalties under this sectionshall be imposed in the manner provided byORS 183.745. [1971 c.770 §28; 2001 c.508 §3; 2009 c.463§11; 2011 c.9 §49]

377.995 [1959 c.309 §21; subsection (5) enacted as1961 c.615 §17; subsection (6) enacted as 1961 c.614 §11;subsection (7) enacted as 1967 c.590 §12; repealed by 1971c.770 §31]

CHAPTERS 378 TO 380

[Reserved for expansion]


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