justicedao/ipfs_state_laws huggingface dataset:
734-062-0105 Signs Identifying Viticultural Features: Definitions As used in these rules the following definitions apply unless the context clearly indicates otherwise: (1) “Engineer” means the State Traffic Engineer or the Engineer’s designee. (2) “Qualified Feature” means a feature that qualifies under this rule, or a feature that qualifies as a Cultural or Historical feature under rules for those official signs. (3) “Qualified Viticultural Feature” means a grape growing region distinguishable by geographical features, and approved as an American Viticultural Area by the U.S. Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau, pursuant to 27 CFR 9. (4) “Interstate System” or “interstate highway” means every state highway that is a part of a national system of interstate and defense highways established pursuant to Section 103(b), Title 23, United State Code. (5) “Sign” includes sign panels, support structure and break away devices. (6) “Freeway” means a divided arterial highway with four or more lanes available for through traffic, with full control of access and grade separation at intersections. (7) “Department” means the Oregon Department of Transportation. (8) “Viticultural Feature Applicant” means the person or entity that submitted the application for a sign under these rules. Statutory/Other Authority: ORS 366.205, 366.450, 810.200 & 810.210 Statutes/Other Implemented: ORS 366.205, 366.450, 810.200 & 810.210 History: HWD 3-2009, f. 3-20-09, cert. ef. 3-23-09
734-062-0110 Criteria For Location (1) Signs for qualified viticultural features must conform to all requirements of the Manual on Uniform Traffic Control Devices as adopted by the Oregon Transportation Commission, any of its amended supplements, and all other standards established by the Department of Transportation for official traffic control devices. The Department may approve a maximum of two qualified features, and only one such sign structure, per interchange per direction of travel. (2) Before approving an application for such a sign, the Engineer will review the proposed sign, legend, and placement to determine whether it will comply with these rules. Some factors the Engineer may consider include but are not limited to: spacing or other factors involving official signs that will be installed as part of an upcoming transportation project, cost versus available funds, environmental concerns, right-of-way width, existing traffic control devices, and other issues that impact whether it is appropriate for the Department to install a sign. Statutory/Other Authority: ORS 366.205, 366.450, 810.200 & 810.210 Statutes/Other Implemented: ORS 366.205, 366.450, 810.200 & 810.210 History: HWD 3-2009, f. 3-20-09, cert. ef. 3-23-09
734-062-0115 Application and Eligibility (1) The Department shall prioritize applications for signs for qualified features based on the date of receipt of a properly completed application. (2) Only the following may apply for a sign under these rules: the entity that submitted the successful application for federal recognition as a viticultural area, a municipal or county government within that viticultural area, a winery or vineyard within the viticultural area, or a winery or vineyard association with membership in the viticultural area. (3) The applicant must use the form specified by the Department, and complete an application for each requested sign. (4) The qualified viticultural applicant or its designee must request annually that the sign erected under these rules be renewed. The request must affirm that the viticultural area continues to qualify under federal standards, and continues to qualify for the sign under these rules. A renewed sign allows the sign to remain for one year from the date of renewal, provided the feature remains eligible as set forth in these rules. (5) The Department may review a viticultural feature for continued eligibility at any time. (6) The Department may remove the sign or the sign legend for the viticultural feature if the Department determines the sign is no longer appropriate for that location or if the federal agency responsible for viticultural areas: (a) Removes the designation; or (b) Changes the designation so that the sign is no longer geographically within the viticultural area. (7) The Department may make a decision outlined in this division of rules without a hearing. If a viticultural feature applicant disagrees with the Department’s final decision, the applicant may request a contested case hearing under ORS chapter 183. The Department may continue to enforce its decision pending the conclusion of the contested case including any appellate court action. Statutory/Other Authority: ORS 366.205, 366.450, 810.200 & 810.210 Statutes/Other Implemented: ORS 366.205, 366.450, 810.200 & 810.210 History: HWD 3-2009, f. 3-20-09, cert. ef. 3-23-09
734-062-0120 Signs for Qualified Viticultural Features (1) Location. A qualified viticultural feature applicant may apply for a sign near the border entering the viticultural area recognized by the federal Department of Treasury. Because a viticultural feature is a large geographic area rather than a specific destination, no follow-up signs are required or allowed. (2) Number. The Department may approve a maximum of two signs per highway for each qualified viticultural feature. (3) Sign Legend. Because a viticultural feature is a large geographic area rather than a specific destination, the sign legend on such a sign will indicate that motorists are entering the viticultural area, but will not direct motorists to a particular exit or location. (4) A qualified viticultural feature applicant must submit the following information to demonstrate qualification for such a sign: (a) Documentation of recognition by the federal Department of Treasury of the viticultural area; (b) Map showing the proposed sign location in relation to the boundaries of the viticultural area; (c) Documentation showing the applicant has sent notice of the proposal to appropriate wine industry groups for dissemination among their members in any adjacent or overlapping qualified viticultural area, including any designated sub-section of a viticultural area. Statutory/Other Authority: ORS 366.205, 366.450, 810.200 & 810.210 Statutes/Other Implemented: ORS 366.205, 366.450, 810.200 & 810.210 History: HWD 3-2009, f. 3-20-09, cert. ef. 3-23-09
734-062-0125 Signs Identifying Viticultural Features: Installation (1) The Department may furnish, erect, and maintain all signs that have been approved for installation. (2) The Department shall notify applicant promptly when an application has been approved or denied, and when a sign has been installed. Statutory/Other Authority: ORS 366.205, 366.450, 810.200 & 810.210 Statutes/Other Implemented: ORS 366.205, 366.450, 810.200 & 810.210 History: HWD 3-2009, f. 3-20-09, cert. ef. 3-23-09
734-063-0005 Relocating Outdoor Advertising Signs on a Scenic Byway For the purpose of insuring that Oregon does not violate any federal scenic byway laws resulting in the loss of federal funding for its scenic byways: (1) No permit shall be issued to relocate an outdoor advertising sign to be visible to any portion of US 101, a designated scenic byway, unless it complies with federal scenic byway laws, federal regulations or conditions of federal grants relating to scenic byways. (2) All signs maintained and reconstructed under these regulations are also subject to the provisions of ORS 377.700 to 377.840 and to all applicable federal laws, regulations and agreements entered into by the Transportation Commission and the Federal Highway Administration. Signs maintained and reconstructed under these regulations are also subject to any city or county ordinance or regulation. Statutory/Other Authority: ORS 184.616, 377.726 & Ch. 268 & OL 1993 Statutes/Other Implemented: ORS 377.727 History: HWY 6-1993, f. & cert. ef. 10-21-93 HWY 5-1993(Temp), f. & cert. ef. 7-23-93
734-064-0015 Sign Structure and Permit are Personal Property The OAS structure and OAS permit are considered personal property for purposes of these rules. Any condemnation of real property interests, including but not limited to easements, shall be conducted under ORS Chapter 35. Statutory/Other Authority: ORS 184.619, 377.729, 377.730, 377.735, 377.737, 377.753 & 377.759 Statutes/Other Implemented: ORS 377.700, 377.725 & 377.756 History: HWD 7-2019, adopt filed 11/26/2019, effective 11/27/2019
734-064-0020 Relocation of an Outdoor Advertising Sign Due to a Highway Project (1) An OAS that is a Total or Partial Loss, and is removed or cannot be relocated on the same property, may only be relocated to another legal site and reconstructed in compliance with any existing restrictions on its current OAS permit. (2) If a Comparable Location site has been determined, reimbursement of the relocation expenses will be made to the OAS Owner, according to the process and procedure set forth in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646, 42 USC 4601 et seq.) adopted by ORS 35. (3) Compensation must be offered to the OAS Owner if a Comparable Location for an OAS impacted by a Total or Partial Loss cannot be achieved. Statutory/Other Authority: ORS 184.619, 377.729, 377.730, 377.735, 377.737, 377.753 & 377.759 Statutes/Other Implemented: ORS 377.700, 377.725 & 377.756 History: HWD 7-2019, adopt filed 11/26/2019, effective 11/27/2019
734-064-0040 In-Kind Value The Department and an OAS Owner may enter into alternative dispute resolution and a settlement agreement for Partial or Full Compensation through in-kind value. Alternatively, if the OAS Owner can successfully modify the OAS structure to mitigate a Partial Loss, the Department may agree to pay the actual cost to modify the OAS structure in lieu of Partial Compensation. Any such in-kind value agreement or modification agreement must be mutually agreed upon by both the Department and OAS Owner; otherwise, agreements will be settled through financial compensation under these rules. Statutory/Other Authority: ORS 184.619, 377.729, 377.730, 377.735, 377.737, 377.753 & 377.759 Statutes/Other Implemented: ORS 377.700, 377.725 & 377.756 History: HWD 7-2019, adopt filed 11/26/2019, effective 11/27/2019
734-064-0050 Request for Outdoor Advertising Sign Permit within the STIP ORS 377.725(4) requires an OAS Owner to sign an affidavit forgoing any claim for Full or Partial Compensation when applying for a permit to relocate or reconstruct an OAS in a location identified in a currently published Statewide Transportation Improvement Program (“STIP”). The department will notify the OAS Owner through the application process if a sign location is inside a published STIP. A location is in a published STIP if it could conceivably reside within the proposed beginning mile point and end mile points of the STIP listed Highway Project. The scope of the STIP shall be liberally construed to include the most property that conceivably could be needed for the project. Statutory/Other Authority: ORS 184.619, 377.729, 377.730, 377.735, 377.737, 377.753 & 377.759 Statutes/Other Implemented: ORS 377.700, 377.725 & 377.756 History: HWD 7-2019, adopt filed 11/26/2019, effective 11/27/2019
734-064-0060 Removal of Outdoor Advertising Sign through Written Notice Coinciding with an offer for the real property made to the owner of the underlying land, the OAS Owner shall be made eligible for relocation benefits applicable to the OAS. Notice of eligibility for relocation benefits resulting from a Total or Partial Loss requires that the OAS be removed 90 days from the date of the Notice or 30 days after the Department has obtained legal possession of the underlying land through payment to the underlying land owner, whichever is later. If the OAS is not removed by the OAS Owner according to the Notice, the Department will assume possession of the sign and its permit, with any compensation to the OAS Owner to be determined through an administrative hearing under ORS 183. All costs incurred by the Department related to the removal are to be deducted from any Compensation or relocation expense reimbursement owed to the OAS Owner. Statutory/Other Authority: ORS 184.619, 377.729, 377.730, 377.735, 377.737, 377.753 & 377.759 Statutes/Other Implemented: ORS 377.700, 377.725 & 377.756 History: HWD 7-2019, adopt filed 11/26/2019, effective 11/27/2019
734-064-0070 Request for Reconsideration upon Completion of Highway Project (1) Notwithstanding ORS Chapter 183 and the rules in this division, an OAS owner may request reconsideration of the Department’s notice of determination of Partial Loss or no impact within 60 days of the Department’s mailing of a notice of the completion of the Highway Project to the OAS owner. (2) Completion of the Highway Project under these rules shall be the date of the Department’s issuance of a Third Notice following construction. The Department shall mail a notice of the completion of Highway Project to all OAS owners in the Highway Project area. (3) In order to qualify for reconsideration under this rule, an OAS owner’s request for reconsideration: (a) Must be in writing and received by the Region Right of Way Manager within 60 days of the mailing of the notice of completion of the Highway Project to the OAS owner; and (b) Must establish that the Highway Project, as constructed, substantially impacted visibility of the OAS within 500 feet of the OAS, and that these impacts were not considered in the Department’s earlier notice of decision of Partial Loss or no impact. (4) The Department shall issue an order on whether the OAS Owner has met the requirements for reconsideration within 60 days. If the request for reconsideration is granted, the Department will re-initiate the process of determining Partial or Total Loss, relocation or providing Compensation for the OAS, as appropriate. If the request for reconsideration is denied, an OAS Owner may request a contested case hearing according to ORS 183 within 30 days of the mailing of the Department’s denial. The contested case hearing on a denial shall be limited to determining whether the request for reconsideration meets the requirements of subsection 3 of this rule. Statutory/Other Authority: ORS 184.619, 377.729, 377.730, 377.735, 377.737, 377.753 & 377.759 Statutes/Other Implemented: ORS 377.700, 377.725 & 377.756 History: HWD 7-2019, adopt filed 11/26/2019, effective 11/27/2019
734-065-0010 Definitions (1) Transit shelters are structures erected and maintained at official stops for a mass transit district, transportation district or any other public transportation agency to protect their riders from the weather at transit stops, and will hereinafter be referred to as shelters. (2) Transit Benches are structures erected and maintained at official stops for a mass transit district, transportation district or any other public transportation agency to provide seating at transit stops, and will hereinafter be referred to as benches. Statutory/Other Authority: ORS 184.616, 184.619 & 377.729 Statutes/Other Implemented: ORS 377.725 History: HWD 4-2016, f. & cert. ef. 11-28-16 HWD 9-2009, f. & cert. ef. 11-17-09 2HD 19-1981, f. & ef. 11-24-81
734-065-0015 Construction or Placement of Transit Benches or Shelters These rules do not grant any authority to construct or place any benches or shelters, nor to maintain any existing benches or shelters, but pertain solely to the placement of outdoor advertising signs on benches or shelters visible from a state highway. New permits for an outdoor advertising sign to be utilized on a transit bench or shelter, may only be issued after the placement of the bench or shelter has been approved by the local jurisdiction having authority, and after the transit sign permit has been obtained from the Department of Transportation. Statutory/Other Authority: ORS 184.616, 184.619 & 377.753 Statutes/Other Implemented: ORS 377.725 & 377.753 History: HWD 4-2016, f. & cert. ef. 11-28-16 HWD 6-2012, f. & cert. ef. 3-26-12 HWD 9-2009, f. & cert. ef. 11-17-09 2HD 19-1981, f. & ef. 11-24-81
734-065-0020 Sign Location (1) Bench and Shelter signs are prohibited on state highway right-of-way. (2) Bench and Shelter signs are prohibited where visible from an interstate highway or a full access control highway. (3) Bench and Shelter signs are prohibited in a designated scenic area. No new shelter signs are allowed in a scenic byway. (4) The bench or shelter on which a sign is placed must be located within a commercial or industrial zone or, if in unzoned city street right-of-way, only where such right of way is adjacent to a commercial or industrial zone. (5) Bench or shelter may have no more than one sign visible from each direction of travel of the highway. (6) Bench or shelter signs may only be located at a bus or transit stop on an official city or urban transit system route. The applicant must provide official documentation, such as a route map produced by the transit system, showing that the site meets this requirement. Statutory/Other Authority: ORS 184.616, 184.619 & 377.729 Statutes/Other Implemented: ORS 377.725 History: HWD 4-2016, f. & cert. ef. 11-28-16 HWD 6-2012, f. & cert. ef. 3-26-12 HWD 9-2009, f. & cert. ef. 11-17-09 HWY 6-1993, f. & cert. ef. 10-21-93 HWY 5-1993(Temp), f. & cert. ef. 7-23-93 2HD 19-1981, f. & ef. 11-24-81
734-065-0025 Size and Construction of Sign (1) Shelters: (a) The maximum allowable size of a shelter sign is 24 square feet for each side of the sign. (b) The maximum distance between advertising panels placed back-to-back is one foot. (c) The sign must not extend beyond the outer edges of the shelter. (2) Benches: (a) The maximum allowable size of a bench sign is 16 square feet and the sign shall not exceed two feet in height or eight feet in length excluding supports. (b) The maximum allowable height is four feet including supports. Statutory/Other Authority: ORS 184.616, 184.619 & 377.729 Statutes/Other Implemented: ORS 377.725 History: HWD 4-2016, f. & cert. ef. 11-28-16 HWD 6-2012, f. & cert. ef. 3-26-12 HWD 9-2009, f. & cert. ef. 11-17-09 2HD 19-1981, f. & ef. 11-24-81
734-065-0035 Spacing (1) The minimum spacing between signs is as follows: (a) Within the corporate boundaries of a city, 100 feet from any outdoor advertising sign located on the same side of the highway. (b) Outside the corporate boundaries of a city, 500 feet from any outdoor advertising sign located on the same side of the highway. (c) Transit bench signs may only be located inside incorporated city limits or within an urban growth boundary. (2) If the state highway is routed over a city street as provided in ORS 373.020, a shelter sign may be located on that portion of the city street right-of-way, if approved by the local jurisdiction, outside of the curb; or, if there is no curb, outside of that portion of the right-of-way utilized for state highway purposes. Statutory/Other Authority: ORS 184.616, 184.619 & 377.729 Statutes/Other Implemented: ORS 377.725 History: HWD 4-2016, f. & cert. ef. 11-28-16 HWD 9-2009, f. & cert. ef. 11-17-09 2HD 19-1981, f. & ef. 11-24-81
734-065-0040 Compliance (1) All signs subject to these rules are also subject to the provisions of ORS 377.700 to 377.840 and to all applicable federal laws, regulations and agreements entered into by the Transportation Commission and the Federal Highway Administration. (2) All signs erected under these regulations are also subject to any city or county ordinance or regulation. Statutory/Other Authority: ORS 184.616, 184.619 & 377.729 Statutes/Other Implemented: ORS 377.725 History: HWD 4-2016, f. & cert. ef. 11-28-16 HWD 9-2009, f. & cert. ef. 11-17-09 2HD 19-1981, f. & ef. 11-24-81
734-065-0045 Size Variance for Transit Size variances are not issued for transit bench signs. Upon written request and for good cause shown the Department of Transportation may grant a variance from the size restrictions of OAR 734-065-0025(1) for transit shelter signs not to exceed: (1) A 32 square foot sign on one side; (2) A total of 64 square feet of sign face on a back-to-back (32 square foot sign face on each side). Statutory/Other Authority: ORS 184.616, 184.619 & 377.729 Statutes/Other Implemented: ORS 377.725 History: HWD 4-2016, f. & cert. ef. 11-28-16 HWD 9-2009, f. & cert. ef. 11-17-09 2HD 19-1981, f. & ef. 11-24-81
734-065-0050 Removal All signs granted permits under these rules are subject to removal procedures in accordance with ORS 377.775. Statutory/Other Authority: ORS 377.729 Statutes/Other Implemented: ORS 377.725 History: HWD 9-2009, f. & cert. ef. 11-17-09 2HD 19-1981, f. & ef. 11-24-81
734-070-0005 Scope (1) Operating under special permits issued by the Department of Transportation pursuant to other rules, many over-dimensional vehicles or loads travel on state highways. Such permits may be valid for up to a one-year period, authorize dimensions considerably in excess of those established by statute, and include a route system consisting of a major portion of the state highway system. (2) Not infrequently, a situation or condition arises which makes it unsafe, impractical, or, at times, impossible for an over-dimensional vehicle or load to travel over a given highway or section thereof. Such situations or conditions are usually caused by highway construction or repair projects or other local traffic conditions. The purpose of this rule is to provide a means of coping with such situations. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 818.200 & 818.220 History: HWD 5-2011, f. & cert. ef. 5-27-11 1OTC 8-1980, f. & ef. 3-28-80 1OTC 20-1979(Temp), f. & ef. 9-20-79
734-070-0010 Imposition of Travel Restrictions (1) The Chief Engineer and the Administrator of the Commerce and Compliance Division are both authorized to impose time of travel restrictions, to halt the movement of over-dimensional vehicles and loads, or to impose other restrictions which alter, rescind, or are in addition to those established under other rules and pertain to the movement of over-dimensional vehicles, combinations of vehicles, or loads on state highways. In exercising such authority, the Chief Engineer or the Administrator of the Commerce and Compliance Division may impose such restrictions as may be necessary to protect the safety and convenience of the traveling public, to protect any highway or section thereof from damage, to avoid conflict with highway construction or repair projects, or to cope with other local traffic conditions. (2) Any directive or restriction imposed by the Chief Engineer or the Administrator of the Commerce and Compliance Division under this authority will be in the form of a written, signed order. (3) Signs giving notice of the restrictions or limitations contained in the order must be posted at each end of the highway or section of highway affected. Such restrictions or limitations will be effective when the signs giving notice of them are posted. Statutory/Other Authority: ORS 184.619 & 823.011 Statutes/Other Implemented: ORS 818.200 & 818.220 History: HWD 5-2020, minor correction filed 05/11/2020, effective 05/11/2020 HWD 1-2020, minor correction filed 02/11/2020, effective 02/11/2020 HWD 2-2012, f. & cert. ef. 1-27-12 HWD 10-2011(Temp), f. & cert. ef. 9-30-11 thru 3-21-12 HWD 5-2011, f. & cert. ef. 5-27-11 1OTC 8-1980, f. & ef. 3-28-80 1OTC 20-1979(Temp), f. & ef. 9-20-79
734-070-0017 Weight Limitations – Exception The exemptions from maximum weight limitations in ORS 818.030(3), 818.070(3) and 818.140(3) apply to any department-owned vehicle, combination of vehicles, article, machine or other equipment leased from the department to a private contractor, when used under contract with the department. Statutory/Other Authority: ORS 184.616, 184.619, 818.030, 818.070 & 818.140 Statutes/Other Implemented: Or Laws 2009, chapter 865 & sec. 23 History: HWD 2-2011, f. & cert. ef. 1-28-11
734-070-0025 Permits Issued by a Third Party Agent The Department may enter into an agreement with any third party for the purpose of issuing approved overweight and over-dimensional permits. Statutory/Other Authority: ORS 184.616, 184.619 & 818.200 Statutes/Other Implemented: ORS 818.200 & 818.220 History: HWD 5-2011, f. & cert. ef. 5-27-11 TO 1-1998, f. & cert. ef. 2-24-98