justicedao/ipfs_state_laws huggingface dataset:
734-060-0060 Portable Signs on State Highway Right of Way and Repeated Violations of ORS 377.650 Any sign as defined by ORS 377.710, which is portable in nature and which has been deposited, left or displayed on a state highway in violation of 377.650 may be removed and disposed of in the following manner: (1) Five days after written notice of the violation of ORS 377.650 is mailed or 24 hours after notice is delivered in person to the person owning or controlling the portable sign, the District Manager (DM) or Assistant District Manager (Asst. DM) may have the sign removed and may charge the owner for the cost of removal and storage. The sign shall be stored for 30 days and if the sign is not claimed within 30 days, it may be sold, destroyed or otherwise disposed of. (2) If the portable sign is determined by the DM or Asst. DM to create a traffic hazard, (e.g., signs on the paved portion of a highway or gravel shoulder, or signs placed upon state highway signs or appurtenances), the five day advance written notice need not be made but notice is to be made within 24 hours after removal. (3) If the owner of the portable sign or person in control of the sign is not readily identified, by the sign itself or by contacting adjacent property owners, the sign may be removed immediately without notice. However, notice should be made upon subsequent identification of the sign owner. Statutory/Other Authority: ORS 184 & 377 Statutes/Other Implemented: ORS 377.650 History: 2HD 4-1985, f. & ef. 11-22-85
734-060-0065 Portable Signs on State Highway Right of Way — Notice to a Portable Sign Owner Notice to a portable sign owner shall include at least the following: (1) Statement that the sign is in violation of ORS 377.650. (2) The approximate location of the sign and a description of the sign. (3) Date the sign will be removed, or date on which the sign was removed. (4) Statement that the removal and storage costs are the responsibility of the owner. (5) Statement that sign shall be disposed of after 30 days of storage. (6) The cost of removal and storage. (7) A location of where the sign will be stored, or a person to contact concerning the storage. (8) A statement that the owner may remove the sign at the owner’s expense prior to date of removal by the Department. (9) A statement that further violation will result in immediate removal without prior notification. Statutory/Other Authority: ORS 184 & 377 Statutes/Other Implemented: ORS 377.650 History: 2HD 4-1985, f. & ef. 11-22-85
734-060-0070 Portable Signs on State Highway Right of Way — Previous Notice If a previous notice has been given that a portable sign or other personal property violates ORS 377.650, and that sign, (a change of legend or message does not constitute a different sign), or property is again placed on a state highway, such items may be removed without further notice and stored for 30 days before further disposal. In such event notice shall be given subsequent to removal and the owner shall be given an opportunity for a hearing before the DM or Asst. DM to contest the violation and removal. The request for a hearing must be made within three working days after removal and the hearing must be held within five working days after such removal. The scope of this hearing shall be limited to whether proper prior notice was given, whether there was a subsequent violation and whether the sign or property was placed on a state highway. A written decision shall be made concerning the violation and removal procedure. Statutory/Other Authority: ORS 184 & 377 Statutes/Other Implemented: ORS 377.650 History: 2HD 4-1985, f. & ef. 11-22-85
734-060-0075 Portable Signs on State Highway Right of Way — Removal Provisions Signs subject to OAR 734-027-0005 through 734-027-0050 are subject to the removal provisions of those rules and ORS 377.775. Statutory/Other Authority: ORS 184 & 377 Statutes/Other Implemented: ORS 377.650 History: 2HD 4-1985, f. & ef. 11-22-85
734-060-0105 Signs of a Governmental Unit (1) In order to qualify for a permit exemption under ORS 377.735(1)(a) as a sign of a governmental unit the following criteria must be satisfied: (a) The sign must be within the territorial or zoning jurisdiction of the governmental unit; (b) The governmental unit must have the authority to declare, expound, administer, or apply the law within the area; (c) The governmental unit may only erect the sign, or allow it to be erected, for the purpose of carrying out an official duty or responsibility directed or authorized by law. (2) Location. Signs permitted by this rule are prohibited on state highway right of way. (3) Size. Maximum area allowed is 200 square feet; maximum height allowed is 14 feet and maximum allowed length is 20 feet. (4) Number. A governmental unit may have two such permit exemptions. If the limitation on number of signs will cause undue hardship, a waiver for additional signing may be granted by the Director, or authorized representative, upon application by the sign owner. (5) The entire message must be contained on one sign. Fragmentation of messages on separate sign panels is prohibited. (6) Signs erected under this rule are subject to the provisions of ORS 377.720 and to applicable federal requirements. Nothing in this rule is intended to permit a sign that is otherwise prohibited by local, state or federal law. (7) No one may give or receive compensation for the right to place the sign or for the message(s) displayed on signs under the governmental unit exemption. Signs approved under this section, which are found to be in violation of the ORS 377.700 to ORS 377.844 and these rules, may face permanent revocation of the exemption and sign removal at the owner’s expense. (8) This rule is not intended to regulate official traffic control signs or devices. (9) To apply for the permit exemption an official of the governmental unit must submit a completed certification form, and an image of the proposed sign showing dimensions and copy, to the Outdoor Advertising Sign Program office. Statutory/Other Authority: ORS 184.619 & 377.735 Statutes/Other Implemented: ORS 377.745 History: HWD 2-2021, amend filed 03/12/2021, effective 03/12/2021 HWD 1-2009, f. & cert. ef. 2-20-09 TO 7-2001, f. & cert. ef. 12-13-01 HWY 1-1989, f. & cert. ef. 5-2-89
734-060-0110 Method of Spacing Measurement This rule establishes the method of measuring distance under ORS 377.750 between two outdoor advertising signs (signs), between a sign and an interchange, and between a sign and a Purchase Site. Measurement should include all elements of the sign structure. (1) For the purpose of applying spacing between signs under ORS 377.750, the distance between two signs shall be measured lineally along the highway, by establishing two lines perpendicular to the center line of the highway. Each respective perpendicular line will touch the sign structure at the point that is closest to the second sign structure. The distance between the perpendicular lines shall be the distance between the sign structures, as measured parallel to the centerline of the highway. (2) For the purpose of establishing the distance between a sign and an interchange, under ORS 377.750, the distance shall be measured lineally along the highway and parallel to the centerline of the highway, by establishing two lines perpendicular lines; one from a point departing or entering the main traveled way, and the second from the closest point of the sign structure. (3) For the purpose of establishing the distance between a sign and a Purchase Site under ORS 377.750, the distance shall be measured lineally along the highway and parallel to the centerline, by establishing two lines perpendicular lines; one from the established location of the purchase site, and the second from the closest point of the sign structure. (4) Where an outdoor advertising sign exists at a point where a highway ends in an entrance or exit ramp, or where the highway becomes a city street, if the sign is visible to the highway, and within 660 feet of the edge of the right of way of the highway, it requires a permit under the OMIA. The sign shall be permitted from the highway, at the nearest milepoint to its physical location, and must meet the spacing requirements between other permitted signs and interchanges as required under ORS 377.750. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 377.710, 377.720 & 377.750 History: HWD 2-2021, adopt filed 03/12/2021, effective 03/12/2021
734-060-0120 NHS Limited Permits Under ORS 377.712(2) Where roadways, or sections of roadways, are added to the National Highway System (NHS) after May 30, 2007, legally located, pre-existing signs may qualify for a permit issued under ORS 377.712(2) as a limited permit. Limited permits issued pursuant to ORS 377.712(2) may only be relocated, as conforming, on the same roadway where originally permitted, within the same continuous milepoints where the permit was issued. The milepoint limitation will be noted on the permit certificate at the time of issuance and recorded within the OACS database. All NHS limited permit relocation requests must remain on the same roadway where originally permitted, and must meet all OMIA restrictions including spacing and size restrictions. NHS limited permits may not be aggregated. (1) To qualify for an NHS limited permit: (a) The sign must have been an outdoor advertising sign continuously from October 1, 2012 through the time an application for permit was submitted; and (b) Must be legally located within a commercial or industrial zoning. (2) An NHS limited permit that is issued as a digital sign permit may not be relocated or reconstructed as a static sign permit. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 377.712 & 377.725 History: HWD 2-2021, adopt filed 03/12/2021, effective 03/12/2021
734-060-0180 Restricted Sign Permits (1) This rule is enacted under the authority of ORS 377.725(14). (2) A Restricted Permit may be issued for non-conforming signs that were legally located prior to May 31, 2007, where no compensation has been exchanged for the sign’s placement or the message(s) displayed, including signs that were permitted, prior to 2007 as a Business Identification or Directional (BID) signs. (3) Restricted Permits have no relocation or reconstruction benefits. Signs permitted under a Restricted Permit may be maintained, but may not be reconstructed or relocated, (4) Restricted Permits may not be aggregated . Statutory/Other Authority: ORS 184.619 & 377.735 Statutes/Other Implemented: ORS 377.725 History: HWD 2-2021, amend filed 03/12/2021, effective 03/12/2021 HWD 4-2016, f. & cert. ef. 11-28-16
734-060-0185 Public Convenience and Safety Signs (1) Location. Public convenience or safety signs are allowed on private property visible to a state highway, under the exemption in ORS 377.735, except as prohibited by these rules. Public convenience or safety signs are prohibited on state highway right of way unless approved in writing by the Deputy Director of the Department of Transportation. Public convenience signs must be within one mile of the convenience covered by the sign. (2) Size. The maximum permissible size for public convenience or safety signs is six square feet. (3) Spacing and Form. Minimum spacing between two public convenience or safety signs on the same side of the highway is 100 feet. The entire message must be contained on one sign. Fragmentation of messages on separate sign panels is prohibited. (4) Qualification. Public safety signs are those necessary for the safety of the public such as, but not limited to, signs with legal notices or warnings, or signs warning of danger to the public. Public convenience signs are those necessary for guiding the public in the use of the state transportation system such as, but not limited to, signs identifying transit stops, freight entrances, train stations, ports, airports, or signs identifying public rest rooms. (5) Signs erected under this rule are subject to ORS 377.720 and to applicable federal requirements. (6) Removal. Signs erected under this rule are subject to the removal procedures as provided in ORS 377.775. (7) No person or organization may receive compensation for the act of displaying a public convenience or safety sign. (8) This rule is not intended to regulate, prohibit or limit official highway traffic control signs or devices. Statutory/Other Authority: ORS 184.616, 184.619 & 377.735 Statutes/Other Implemented: ORS 377.735 History: HWD 1-2009, f. & cert. ef. 2-20-09 TO 7-2001, f. & cert. ef. 12-13-01
734-060-0190 Digital or LED Variable Message Signs Other than Outdoor Advertising Signs This rule is enacted pursuant to ORS 377.720(3) and (4) regarding signs other than Outdoor Advertising Signs that utilize digital or LED electronic message or variable message technology and are visible to a state highway. (1) By statute, all signs visible to state highways are subject to state sign prohibited sign and safety regulations. No signs visible to a state highway, other than official traffic control signals or devices, may include moving or rotating parts or lights. Signs may not be made to resemble an official traffic signal or device and they may not have lights that project onto the roadway or impede the sight of traveling motorist. (2) In interpreting ORS 377.715 and 377.720, signs visible to a state highway, other than official traffic control signals or devices, may not: (a) Be illuminated by flashing lights or a light that varies in intensity; (b) Have a display surface that creates the appearance of movement; (c) May not operate at a brightness level of more than 0.3 foot-candles over ambient light, nor intensity greater than the luminance indicated in the table 1, as measured perpendicular to the face of the billboard at the indicated measurement distance for a designated sign dimension: [Table not included. See ED. NOTE.] (3) Newly constructed signs visible to a state highway, other than official traffic control signals or devices, must be: (a) Equipped with a light sensor that automatically adjusts the intensity of the sign illumination according to the amount of ambient light, and; (b) Designed to freeze the display in one static position, display a full black screen or turn off in the event of a malfunction. [ED. NOTE: Tables referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 184.616, 184.619, 377.710 & 377.720 Statutes/Other Implemented: ORS 377.720 History: HWD 4-2016, f. & cert. ef. 11-28-16 HWD 11-2014, f. & cert. ef. 12-19-14
734-062-0005 Applicability and Purpose (1) The purpose of these regulations is to establish standards for the Department of Transportation to erect official traffic control signs to identify and provide directional information to qualified cultural and historical features. (2) These regulations are applicable to the Interstate System and freeways. The Department may not consider applications under these rules for signs off the Interstate System or freeways, other than for follow-up signs as required by the Engineer. Statutory/Other Authority: ORS 184.616, 184.619 & 366 Statutes/Other Implemented: ORS 366.205 & 366.450 History: HWD 7-2009, f. & cert. ef. 7-20-09 2HD 5-1983, f. & ef. 1-20-83
734-062-0010 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 Cultural Feature” means a museum determined by the Engineer to be of significant cultural value to the region or state pursuant to OAR 734-062-0035. (3) “Qualified Historical Feature” means a district or a property currently listed in the National Register of Historic Places or designated nationally significant by the United States Department of the Interior, and determined by the Engineer to be of significant historical value to the region or state pursuant to OAR 734-062-0035. (4) “Qualified Feature” means a qualified cultural or historical feature under this Division. (5) “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. (6) “Sign” includes sign panels, support structure and break away devices. (7) “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. (8) “Department” means the Oregon Department of Transportation. (9) “Owner” means a holder of fee title or lessee. (10) “Responsible Operator” means a person or entity other than an owner who operates a qualified historical or cultural feature. (11) “Follow-up sign” means an official sign located on, opposite, or at the terminus of an exit ramp from the Interstate System or an exit ramp at an interchange on a freeway, or additional official signs along the route from the interstate system or freeway to the qualified cultural or historical feature. Statutory/Other Authority: ORS 184.616, 184.619 & 366 Statutes/Other Implemented: ORS 366.205 & 366.450 History: HWD 7-2009, f. & cert. ef. 7-20-09 2HD 5-1983, f. & ef. 1-20-83
734-062-0015 Criteria For Location (1) Signs for qualified features shall 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. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619 & 366 Statutes/Other Implemented: ORS 366.205 & 366.450 History: HWD 7-2009, f. & cert. ef. 7-20-09 2HD 5-1983, f. & ef. 1-20-83
734-062-0020 Facilities Requirements for Qualified Cultural and Historical Features (1) Qualified cultural and historical features that have features within a building or a restricted outdoor area must include: (a) Restroom facilities and drinking water. (b) Continuous operation at least six hours per day six days a week. (c) Licensing where required. (d) Adequate parking accommodations. (2) Qualified undeveloped cultural and historical features not located within buildings or a restricted outdoor area must include: (a) Adequate parking accommodations. (b) An informational device to provide the public knowledge of the features. (3) Each qualified cultural and historical feature identified on a sign must give written assurance to the Department that it complies with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex, marital status, sexual orientation, age, disability, or national origin, and shall not be in breach of that assurance. (4) The Engineer may grant a waiver under OAR 734-062-0040(2) to sections (1) and (2) of this rule. Statutory/Other Authority: ORS 366 Statutes/Other Implemented: ORS 366.205 & 366.450 History: HWD 7-2009, f. & cert. ef. 7-20-09 2HD 5-1983, f. & ef. 1-20-83
734-062-0030 Distance to Qualified Cultural and Historical Feature and Follow-Up Signs (1) Qualified historical or cultural features must be located within one mile of the interchange measured by vehicle distance from the center point of the exit ramp intersection to the nearest point of the intersection of the driveway of the feature and a public highway. However, any qualified cultural or historical feature set out in this section located within 10 miles of an interchange may apply to the Department for a waiver under the provisions of OAR 734-062-0040. (2)(a) Where any qualified cultural or historical feature is not visible from any part of the exit ramp the Engineer may require a follow-up sign, bearing the identification together with a directional arrow, and mileage where needed, at the exit ramp terminus. The Engineer may also require follow-up signs necessary to enable the traveling public to find the feature and for traffic safety. (b) If the qualified cultural or historical feature is visible from any part of the exit ramp, the Department will not erect a follow-up sign unless the Engineer determines it to be necessary to avoid a traffic hazard or misdirection of the traveling public. Statutory/Other Authority: ORS 184.616, 184.619 & 366 Statutes/Other Implemented: ORS 366.205 & 366.450 History: HWD 7-2009, f. & cert. ef. 7-20-09 2HD 5-1983, f. & ef. 1-20-83
734-062-0040 Waiver (1) Upon request by an applicant the Engineer may authorize a waiver of OAR 734-062-0030(1) upon a showing by applicant that for qualified cultural or historical features located within 10 miles of an interchange but more than one mile from an interchange, the feature is easily located from the interchange and no additional signs other than an authorized follow-up sign would be necessary to direct the traveling public to the feature or that adequate signing will be provided on the public road system to guide the traveling public to the feature. (2) Upon request by an applicant, the Engineer may authorize a waiver upon a showing by the applicant that the granting of such waiver will benefit the traveling public and not violate the overall intent of these regulations. The Engineer may grant waivers under OAR 734-062-0020(1) and (2); and 734-062-0030(1). Statutory/Other Authority: ORS 184.616, 184.619 & 366 Statutes/Other Implemented: ORS 366.205 & 366.450 History: HWD 7-2009, f. & cert. ef. 7-20-09 2HD 5-1983, f. & ef. 1-20-83
734-062-0050 Temporary Removal and Reinstallation Fees After the initial installation of any qualified cultural or historical feature sign, a $25 fee shall be charged for: (1) Temporary removal because of temporary or seasonal closure of the qualified cultural or historical feature. (2) Reinstallation of any qualified cultural or historical feature sign pursuant to section (1) of this rule. Statutory/Other Authority: ORS 366 Statutes/Other Implemented: ORS 366.205 & 366.450 History: 2HD 5-1983, f. & ef. 1-20-83
734-062-0100 Signs Identifying Viticultural Features: Applicability and Purpose (1) The purpose of these regulations is to establish standards for the Department of Transportation to erect official traffic control signs to identify to motorists that they are entering a federally recognized viticultural area. (2) These regulations are applicable to the Interstate System and freeways. The Department may not consider applications under these rules for signs off the Interstate System or freeways. 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