734-057-0010 City/County Entrance Program (1) Cities, counties and unincorporated communities as identified in the county comprehensive plan defined in ORS 197.015, are permitted to develop and maintain a landscaped area within the state highway right of way to enhance the aesthetic value along state highways and to welcome motorists to a city, county or unincorporated community. (2) One landscaped area will be allowed at each entrance of a state highway into a city, county or unincorporated community. The area may include a marker that indicates motorists are entering, or welcomes them to, a city, county or unincorporated community. (3) The request by a city or county to develop a landscaped area: (a) Shall be in writing, on official letterhead accompanied by a Department of Transportation permit application, Form 734-3457. Such form is available from the District manager of the Department of Transportation; (b) Shall include a site plan; and (c) Shall be submitted to the appropriate District Manager of the Department of Transportation for review and approval. In order to facilitate site review, the District manager may require the city or county to place markings such as lath stakes or other markings at the location of the proposed area to be landscaped. (4) The request for an unincorporated community to develop a landscaped area must be submitted by the county. (5) The landscaped area and marker shall conform to the following guidelines: (a) The landscaped area must be within or as near as safely can be accommodated to the territorial or zoning jurisdiction of the city, county or unincorporated community; (b) The landscaped area and marker must be located so that it is not a roadside safety hazard nor restricts sight distance and must conform to all applicable highway clear zone requirements; (c) The landscaped area and marker must have Federal Highway Administration approval when located on interstate right-of-way and must not be visible from an interstate highway; (d) The overall size of any rigid object within the landscaped area may not exceed 200 square feet; (e) The landscaped area or marker may contain only the official name, logo and/or slogan of the city, county or unincorporated community. No advertising or other commercial message will be allowed; and (f) The landscaped area and marker shall be constructed of a material appropriate to the location and environment. (6) Upon approval of the request for site development, the District Manager will execute a permit to the city or county for each landscaped area. No work on highway right-of-way may begin until a valid permit has been received by the city or county. (7) The following shall be the responsibility of the city or county: (a) The manufacture, installation, maintenance, repair or removal of the landscaped area or marker; (b) Relocation and/or removal of the landscaped area and/or marker as a result of highway improvement projects; (c) The provision of traffic control in accordance with the standards adopted under ORS 810.200 by the Oregon Transportation Commission. (8) The permit issued by the District Manager for a landscaped area may be canceled if the city or county fails to comply with the provisions of this rule or the provisions of the permit. The permit may also be canceled if the Department determines that any individual landscaping or marker, of this program violates federal or state law. (9) Markers or signs denoting entrances to cities, counties or unincorporated communities that are to be placed outside of highway right-of-way must meet the requirement of ORS Chapter 377 and OAR 734, division 60. Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 374.310 Statutes/Other Implemented: ORS 374.305 History: TO 6-1998, f. & cert. ef. 8-20-98