reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 58 - PEDESTRIAN ACTIVITIES › Section 734-058-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 734-058-0010  through 734-058-0080  establish criteria for
				issuing permits for pedestrian activities, as defined in division 58 rules, on
				state highway right of way.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  814.070
Stats. Implemented: ORS
				  814.070
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 58 - PEDESTRIAN ACTIVITIES › Section 734-058-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 734-058-0010  through 734-058-0080, the following
				definitions apply:
(1) "Applicant"
			 means the individual or individuals, corporation, company, firm, business,
			 partnership, organization or agency named in and signing the Permit and to whom
			 the Permit is issued.
(2)
			 "Department" means the Oregon Department of Transportation (ODOT).
(3) "DM" means the ODOT District Manager or
			 designee. DMs are responsible for highway maintenance, operations and issuing
			 permits for use of Right of Way for all State highways within a specific
			 geographic area or "District."
(4)
			 "General Provisions" means those provisions attached and made part of an issued
			 Permit, which are generally applicable to all Permits. General Provisions are
			 superior to any Standard or Special Provisions in a Permit if there is a
			 conflict between them.
(5) "MUTCD"
			 means Manual on Uniform Traffic Control Devices for Streets and
			 Highways.
(6) "Oregon Temporary
			 Traffic Control Handbook" means a guide for traffic control operations of three
			 days or less based upon the MUTCD.
(7) "Pedestrian Activity" or "Activity" means
			 any planned activity that brings together a community or group of people for an
			 expressed purpose, including soliciting contributions, business, or interest
			 from motorists using the highway provided the activity does not impede traffic
			 or cause a traffic hazard.
(8)
			 "Permit" means the application as a fully executed form signed, issued and
			 controlled by the DM on behalf of the State of Oregon, Department of
			 Transportation, and allowing Applicant to conduct a Pedestrian Activity and all
			 provisions and exhibits attached to the Permit as deemed necessary by the DM. A
			 Permit does not convey any land right or easement.
(9) "Right of Way" means the entire width of
			 real property delineated by property lines along each side of the highway,
			 including the paved surface, shoulders, ditches and other drainage facilities,
			 and all other highway facilities or lands within the boundaries of the right of
			 way lines used for the operation of the highway.
(10) "Special Provisions" means those
			 specific provisions under the heading "Special Provisions" which when attached
			 to are made part of, and are unique to, the Permit. Special Provisions are
			 subordinate to General Provisions and superior to Standard Provisions, if they
			 are in conflict.
(11) "Standard
			 Provisions" means provisions with standard wording under the heading "Standard
			 Provisions" which are attached to and made part of the Permit. Standard
			 Provisions are subordinate to General Provisions and Special Provisions if they
			 are in conflict.
Stat. Auth.: ORS
				  184.616,
				  184.619 &814.070
Stats. Implemented: ORS
				  814.070
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 58 - PEDESTRIAN ACTIVITIES › Section 734-058-0030 - Requirements for Permit Application and Issuance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The DM may grant permission for a
			 Pedestrian Activity on a state highway by way of a Permit issued under the
			 authority of Division 58 rules. A Permit is not necessary for pedestrians
			 meeting the requirements for proper positioning and proper proceeding along a
			 highway under ORS 814.070(1).
(2) Application for a Permit must be made at
			 least 30 days but not more than 180 days prior to the planned activity date.
			 Only one Permit will be issued for any particular location and date. If more
			 than one application is received for a particular location and date, the
			 successful Applicant will be selected based on the date of the first complete
			 application received. Permits may be issued for up to three (3) consecutive
			 calendar days.
(3) To obtain a
			 Permit the Applicant shall:
(a) Apply in
			 writing to the DM that has authority over the location where the Pedestrian
			 Activity is proposed to be held. The application shall be made on an
			 Application and Permit for Pedestrian Activities on a State Highway, Form
			 734-2708;
(b) Obtain and submit
			 with the application written confirmation from the city, when the state highway
			 is within the city limits, that the Pedestrian Activity does not violate city
			 ordinances; and
(c) Provide a
			 description of the Pedestrian Activity stating all information pertinent to an
			 understanding of the activity and as may be requested by the DM, including a
			 drawing showing the roadways on which the activity will be held.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 58 - PEDESTRIAN ACTIVITIES › Section 734-058-0040 - Effective Period and Cancellation of Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Permit will be in effect for the
			 period of time provided in the Permit. Permits are not transferable and may be
			 cancelled by mutual consent of the parties. The Department may revoke a Permit
			 for non-compliance with the terms of the Permit.
(2) The Permit will be voided and all
			 privileges there under forfeited if the Applicant fails to commence the
			 activity covered by the Permit within the period specified in the Permit,
			 unless a written extension of time is obtained from the DM.
(3) The DM may cancel a Permit for cause,
			 including, but not limited to, weather conditions, safety considerations, in
			 emergencies (i.e., fire, accidents), failure of the Applicant to comply with
			 the terms of the Permit, or operation of law. Cancellation may be issued in
			 writing, or be verbal followed by written confirmation of the verbal
			 cancellation.
(4) A revoked Permit
			 within the previous three (3) years or repeated failure to comply with the
			 terms of the Permit may result in the Applicant's forfeiture of privilege to
			 apply for and to receive a Permit for Pedestrian Activity.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  814.070
Stats. Implemented: ORS
				  814.070
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 58 - PEDESTRIAN ACTIVITIES › Section 734-058-0050 - Liability and Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 Applicant shall be responsible and liable for all damage or injury to any
			 person or property resulting from the Pedestrian Activity for which the Permit
			 is issued. The Applicant shall indemnify and hold harmless the State of Oregon,
			 the Oregon Transportation Commission, the Department, its officers, agents and
			 employees against any and all damages, claims, demands, actions, causes of
			 action, costs and expenses of any nature which they or any of them may sustain
			 by reasons of the acts, conduct, or operation of Applicant, its agents,
			 employees, or other individuals conducting Pedestrian Activities under the
			 Permit.
(2) During any permitted
			 activity, the activity area shall be protected in accordance with the MUTCD,
			 and any safety and operations standards as amended or supplemented by the
			 Oregon Transportation Commission in force at the time the Permit is issued.
			 Traffic control devices in place continuously for three days or less at the
			 same location must comply with the "Oregon Temporary Traffic Control Handbook"
			 in force at the time the Permit is issued.
(3) While performing activities under the
			 Permit, the Applicant shall wear, on the outside of all other garments, a
			 safety vest meeting ANSI/ISEA High Visibility Safety Apparel Guidelines, or
			 equivalent revisions, and labeled as ANSI 107-1999 or later for standard
			 performance for class two risk exposure.
(4) The Applicant shall be bound by all
			 applicable laws and rules of any government entity.
(5) The Applicant shall be responsible and
			 liable for:
(a) Investigating presence or
			 absence of any legally protected or regulated environmental, historical, or
			 archeological resource(s) in the activity area;
(b) Determining and complying with any and
			 all restrictions or requirements related to the proposed activities, including
			 but not limited to those relating to hazardous material(s), water quality
			 constraints, wetlands, archeological or historic resource(s), state and federal
			 threatened or endangered species, etc.;
(c) Complying with all federal, state, and
			 local laws, and obtaining all required and necessary permits and approvals. If
			 the Applicant impacts a legally protected/regulated resource, the Applicant
			 shall be responsible for all costs associated with such impact, including, but
			 not limited to all costs of mitigation and rehabilitation, and shall indemnify,
			 defend, and hold harmless the State of Oregon, the Oregon Transportation
			 Commission, the Department and its officers, agents, and employees against all
			 damages, claims, demands, or actions of any nature arising out of the
			 activities of the Applicant, its officers, contractors, subcontractors, agents,
			 employees, or other individuals conducting Pedestrian Activities under the
			 Permit.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 58 - PEDESTRIAN ACTIVITIES › Section 734-058-0060 - Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
The Applicant shall obtain and carry liability and property
				damage insurance policy or policies providing coverage against claims, demands,
				suits or actions for property damage, personal injury, or death resulting from
				any activities of Applicant, its officers, employees, agents or contractors in
				connection with the activity being conducted as authorized by the Permit. In
				addition, Applicant shall include as additional insured the State of Oregon,
				the Commission, the Department, and members thereof, its officers, agents and
				employees. The Applicant shall provide proof of coverage of a combined single
				limit of $1,000,000. The insurance policy or policies shall be with an
				insurance company duly authorized and licensed to do business in the State of
				Oregon. There shall be no cancellation, material change, potential exhaustion
				of aggregate limits, or non-renewal of insurance coverage without thirty (30)
				days written notice from the Applicant or its insurer to the Department. When
				the Applicant is a public body, self- insurance may be provided in lieu of
				liability and property damage insurance policy or policies. A copy of the
				certificate of insurance or self-insurance shall be submitted to and approved
				by the Department of Transportation, Office of Maintenance and Operations, 800
				Airport Road, Salem, OR 97301 before any activity is commenced under the
				Permit.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  814.070
Stats. Implemented: ORS
				  814.070
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 58 - PEDESTRIAN ACTIVITIES › Section 734-058-0070 - Activity Details

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Applicant shall advise the DM's office at least 48 hours in advance of
			 commencing activity for which the Permit has been issued and within 48 hours of
			 completion of the activity.
(2) The
			 Applicant shall minimize the amount of debris, refuse and waste of all kinds on
			 the highway Right of Way produced by activities of the Applicant. The Applicant
			 shall remove any such debris, refuse or waste of any kind immediately upon
			 completion of the activity, and restore the highway Right of Way to its
			 pre-activity condition or better as determined by the DM.
(3) The Applicant shall minimize the amount
			 of dirt or debris spread or tracked onto the highway from the activity area.
			 The highway shall be cleaned of all dirt and debris at the end of each work
			 day, or more frequently if so determined by the DM.
(4) The Applicant shall protect all existing
			 highway features, including but not limited to the highway surface and
			 structure, sidewalks and bicycle paths, bridges, signs, signals, pavement
			 markers, guardrails and barriers, impact attenuators, drainage features,
			 landscaping, and fences, from damage as a result of activity. The Applicant
			 shall restore any damaged feature to the satisfaction of the DM whether
			 discovered at the time of damage or at a later date. When planting is necessary
			 to restore damaged landscape, the planting is subject to a plant establishment
			 period of one year from the date of planting to ensure satisfactory growth of
			 the planted materials. Unrepaired damage or unrestored features may be repaired
			 or restored by the DM at the expense of the Applicant.
(5) Participation by or presence of
			 individuals under 16 years of age at the activity site, other than in the
			 regular pedestrian area of the roadway, is not allowed.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  814.070
Stats. Implemented: ORS
				  814.070
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 58 - PEDESTRIAN ACTIVITIES › Section 734-058-0080 - Coordination with Other Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
Nothing in the Permit is intended to grant rights or imply
				approval of activity in areas not falling within the authority and jurisdiction
				of the Department. It is the responsibility of the Applicant to determine the
				need for and to obtain such licenses, permits or other form of approval which
				may be required by other state agencies, federal agencies, cities or counties
				of Oregon, railroads, special Districts, or Indian Lands within the
				State.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  814.070
Stats. Implemented: ORS
				  814.070
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 59 - SIGNS-GENERAL PROVISIONS › Section 734-059-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Definitions under this rule are applicable to Oregon
				Administrative Rule Divisions 59, 60, 63 and 65.
(1) The terms "neat," "clean," "attractive,"
			 and "good repair" as used in ORS
			 377.710(17)
			 and
			 377.720(7)
			 are defined as follows:
(a) The terms "neat"
			 and "attractive" mean without rotting or broken parts, having parts that are
			 solid and sound, without chipping or peeling paint, paper, vinyl or plastic,
			 without graffiti, and without faded, washed-out or illegible copy. The terms
			 apply to all component parts of a sign.
(b) The term "clean" means free of dirt,
			 unsoiled, without grime or soot. The term does not include a minor dust coating
			 that is undetected from the main-traveled way of a state highway. The term
			 applies to all component parts of a sign that are visible to the main-traveled
			 way of a state highway.
(c) The
			 term "good repair" means having sound and solid parts, without rotting or
			 broken parts, firmly fixed in place so as to be able to withstand a wind
			 pressure of 20 pounds per square foot of exposed surface. The term includes all
			 component parts of a sign.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 59 - SIGNS-GENERAL PROVISIONS › Section 734-059-0020 - Business Defined

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 used in OAR chapter 734, division 059, unless the context of the rule requires
			 otherwise, a business means a commercial or industrial enterprise operated with
			 the intent of economic gain.
(2)
			 The location of a business includes the main buildings as well as other
			 physical areas necessary or customarily incident to the business, including a
			 limited amount of open space as is arranged and designed to be used in
			 immediate connection with such buildings and uses.
Stat. Auth: ORS
				  184.616,
				  184.619,
				  377.710,
				  377.720
Stats. Implemented: ORS
				  377.720
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 59 - SIGNS-GENERAL PROVISIONS › Section 734-059-0025 - Activity Open to the Public

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 734, division 059, unless the context of
				the rule requires otherwise, an activity open to the public means a location,
				the main purpose of which involves the admission of or providing service to
				members of the public. This includes:
(1) Places of worship;
(2) Educational facilities;
(3) Meeting halls;
(4) Facilities of non-profit or charitable
			 organizations;
(5) Public parks;
(6) Government offices.
Stat. Auth: ORS
				  184.616,
				  184.619,
				  377.710,
				  377.720
Stats. Implemented: ORS
				  377.710,
				  377.720
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 59 - SIGNS-GENERAL PROVISIONS › Section 734-059-0030 - Compensation Defined

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 used in OAR chapter 734, division 059, unless the context of the rule requires
			 otherwise, compensation means the exchange of something of value. It includes,
			 without limitation, money, securities, real property interest, personal
			 property interest, barter of goods or services, promise of future payment, or
			 forbearance of debt.
(2)
			 Compensation does not include:
(a)
			 Goodwill;
(b) The exchange of a de
			 minimis value in relation to the benefit acquired. When an exchange of
			 substantial value is for a purpose other than posting of a sign on the land,
			 and a negligible amount of value is added for the sake of a sign as an
			 accessory to that purpose, the Department may consider that a de minimis amount
			 that does not constitute compensation for purposes of ORS
			 377.710(20).
(c) An exchange of value that a land owner
			 (or other person with a right to possession of the land) provides to a sign
			 company when:
(A) The compensation to the sign
			 company is only for sign structure construction or maintenance on behalf of the
			 land owner; and
(B) The land owner
			 fully controls the content of the sign.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 59 - SIGNS-GENERAL PROVISIONS › Section 734-059-0040 - Qualifying as a Business or Activity Open to the Public

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following are not Businesses or
			 Activities Open to the Public for the purposes of the Outdoor Advertising Sign
			 Program:
(a) Outside advertising sign
			 structures;
(b) Agricultural,
			 forestry, ranching, grazing, farming land and related activities, including,
			 but not limited to, temporary roadside food and produce stands including
			 seasonal stands;
(c) Activities
			 that are housed in a temporary building or structure that are visible to the
			 traffic lanes of the traveled way and do not have indoor restrooms, utilities,
			 running water, functioning electrical connections or adequate heating;
(d) Where conducted in a building
			 that is primarily used as a residence, apartment house or residential
			 condominium;
(e) Recreational
			 facilities such as campgrounds, golf courses, tennis courts, wild animal parks,
			 and zoos, except for the portion of the activities occupied by permanent
			 buildings and parking lots which otherwise meet the criteria in this
			 subsection;
(f) Public or private
			 utilities including telephone poles, radio, microwave or cellular communication
			 towers; and,
(g) Railroad tracks
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 59 - SIGNS-GENERAL PROVISIONS › Section 734-059-0050 - Signs in Protected Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 As used in OAR chapter 734, division 059, unless the context of the rule
			 requires otherwise, the following definitions apply:
(a) "Center line of the highway" means the
			 line equidistant from the edges of the median separating the main-traveled ways
			 of a divided highway or is the center line of the main traveled way of a
			 nondivided highway.
(b) "Entrance
			 Road" means any public road, including acceleration lanes by which traffic may
			 enter the main-traveled way of an Interstate highway, irrespective of whether
			 traffic may also leave the main-traveled way by such road.
(c) "Exit Road" means any public road,
			 including deceleration lanes by which traffic may leave the main-traveled way
			 of an Interstate highway, irrespective of whether traffic may also enter the
			 main-traveled way by such road.
(d)
			 "Interstate System" means I-5, I-84, I-82, I-105, I-205, and I-405 within
			 Oregon's borders.
(e)
			 "Main-traveled way" means the traveled way of an Interstate Highway on which
			 through-traffic is carried. It does not include frontage or service
			 roads.
(f) "Traveled way" means the
			 portion of a roadway for the movement of vehicles, exclusive of
			 shoulders.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 59 - SIGNS-GENERAL PROVISIONS › Section 734-059-0100 - Outdoor Advertising Permit and Business License Fees

Current through Register Vol. 63, No. 7, July 1, 2024
This rule establishes fees for outdoor advertising permits and
				business licenses as authorized by ORS
				377.729 and
				377.730.
(1) The application fee for a permit for any
			 sign in a year in which the sign is new, is relocated as defined in ORS
			 377.710,
			 or is reconstructed under ORS
			 377.725 is due at the time of application, and is non-refundable in the event of a
			 withdrawal by applicant or denial by the Department. Fees are based on the
			 total square footage of all sign faces under each permit. Fees are:
(a) Static:
(A) $200 - 25 square feet or less;
(B) $500 - 26 to 50 square feet;
(C) $850 - 51 to 400 square feet;
(D) $1000 - 401 square feet or
			 more.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 59 - SIGNS-GENERAL PROVISIONS › Section 734-059-0200 - Civil Penalties for Violation of the Oregon Motorist Information Act

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 establishes the factors for consideration in assessing, reducing, or waiving
			 civil penalties created by ORS
			 377.992 for
			 violation of ORS
			 377.700 to
			 377.844,
			 the Oregon Motorist Information Act, and related statutes and rules, and a
			 process for implementing those penalties. These are in addition to any other
			 penalty provided by law, including but not limited to assessing costs, removing
			 signs, and canceling permits.
(2)
			 The definitions in ORS
			 377.710 and OAR 734, division 059 apply to this rule. The following also apply to this
			 section:
(a) "First time violator" means a
			 person with no Final Order of violation of the Oregon Motorist Information Act
			 or related statutes and rules within five years of the issuance of the
			 violation notice.
(b) "Repeat
			 violator" means a person with only one sign for which the Department issued a
			 Final Order of violation of the Oregon Motorist Information Act or related
			 statutes or rules within five years of issuance of the current violation
			 notice, but who is not a habitual violator.
(c) "Habitual violator" means a person with
			 more than one sign for which the Department issued a Final Order of violation
			 of the Oregon Motorist Information Act or related statutes or rules within five
			 years of the issuance of the current violation notice.
(d) The five-year period noted in 2(a)
			 through 2(c) commences on the date of an Order finding a violation, and any
			 notice of subsequent violation within that five years is a further violation if
			 the department issues an Order finding a violation, whether or not the Final
			 Order is within the five year period.
(e) "Person" is defined in ORS
			 756.010(5).
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 59 - SIGNS-GENERAL PROVISIONS › Section 734-059-0220 - Aggregation of Small Relocation Credits

Current through Register Vol. 63, No. 7, July 1, 2024
An outdoor advertising sign relocation credit may only be
				issued to one 'person' as defined in OAR 734-059-0015(4). The Department will
				deny any requests to issue a relocation credit to more than one person, or to
				aggregate credits that belong to more than one person.
(1) Upon request from the sign permit owner,
			 or their authorized representative, the Department shall issue a relocation
			 credit for the total square footage of the single, largest sign face of one
			 side of an outdoor advertising sign.
(2) As provided in ORS
			 377.763 the owner of relocation credits may apply to combine (aggregate) them into a
			 single credit. This rule establishes the criteria for aggregation, the
			 procedure to request aggregation, and the procedure the Department will follow
			 to process those requests.
(3) To
			 qualify for aggregation:
(a) Each relocation
			 credit must be recognized as valid under ORS
			 377.766. This includes
			 verification by the Department that the sign and structure were
			 removed.
(b) Each relocation credit
			 must be 249 square feet in size or less.
(c) If the Department is aware of any dispute
			 about the ownership or right to utilize the credit it may not be aggregated
			 until the issue has been resolved.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0000 - Outdoor Advertising Sign Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
An outdoor advertising sign permit may only be issued to one
				'person' as defined in OAR 734-059-0015(4). The Department will deny any permit
				application that specifies more than a single person as the sign permit
				owner.
(1) Application forms. An
			 application for a sign permit under the Oregon Motorist Information Act (OMIA)
			 is made by completing and submitting the appropriate form, attaching to the
			 form all documents necessary to show the application meets the requirements of
			 the law, and submitting the correct fee to the Outdoor Advertising Sign Program
			 of the Oregon Department of Transportation. Application forms are available
			 from the Outdoor Advertising Sign Program. There are a number of different
			 Outdoor Advertising Sign application forms. The Department may deny a permit
			 application if the applicant does not use the correct form. These include:
(a) "Outdoor Advertising Sign Permit
			 Application" for new permits, and relocation or reconstruction, of outdoor
			 advertising signs that preexisted the law change on May 30, 2007,
(b) "NHS Outdoor Advertising Sign Static
			 Permit Application" for areas added to the National Highway System (NHS) after
			 May 30, 2007;
(c) "Outdoor
			 Advertising Sign Digital Sign Permit Application" for digital permits newly
			 issued under ORS
			 377.710,
			 or relocation and reconstruction of such permitted signs,
(d) "NHS Digital Sign Permit Application" for
			 signs in areas added to the NHS after May 30, 2007; and,
(e) Application for Transit Bench or Shelter
			 Sign" for signs on transit benches and shelters.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0007 - Digital Billboard Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule describes the process for
			 applying for a permit for a digital billboard.
(2) Definitions for the purposes of this
			 rule:
(a) "Sign" means the sign structure,
			 the display surfaces of the sign, and all other component parts of the sign.
(b) "Retire" means to use a
			 relocation credit such that it no longer exists or to remove an existing sign
			 to become a relocation permit or credit for use.
(c) "Bulletin" means an outdoor advertising
			 sign with a display surface that is 14 feet by 48 feet.
(d) "Poster" means an outdoor advertising
			 sign with a display surface that is 12 feet by 25 feet.
(e) "Digital Billboard" means an outdoor
			 advertising sign that is static and changes messages by any electronic process
			 or remote control, provided that the change from one message to another message
			 is no more frequent than once every eight seconds and the actual change process
			 is accomplished in two seconds or less.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  377.753
Stats. Implemented: ORS
				  377.753
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0060 - Portable Signs and Repeated Violations of ORS 377.650

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 184 & ORS 377
Stats. Implemented: ORS
				  377.650
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0065 - Notice to a Portable Sign Owner

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 184 & ORS 377
Stats. Implemented: ORS
				  377.650
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0070 - Previous Notice

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 184 & ORS 377
Stats. Implemented: ORS
				  377.650
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0075 - Removal Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
Signs subject to OAR 734-027-0005 through 734-027-0050 are
				subject to the removal provisions of those rules and ORS
				377.775.
Stat. Auth.: ORS 184 & ORS 377
Stats. Implemented: ORS
				  377.650
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0105 - Signs of a Governmental Unit

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0110 - Method of Spacing Measurement

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0120 - NHS Limited Permits Under ORS 377.712(2)

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0175 - Temporary Signs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule is enacted pursuant to ORS
			 377.735 regarding the permit exemption for temporary signs and in furtherance of the
			 Oregon Motorist Information Act (OMIA, 377.700 through 377. 844 and 377.992).
			 All temporary signs must comply with the provisions of the ORS
			 377.700 to
			 377.844.
			 This includes electronic message boards, or variable message signs, except
			 official traffic control signs or devices.
(2) Location generally. Temporary signs may
			 not be placed on, or serviced from, the state highway right of way. All signs
			 must be placed on private property and be accessed through private property. A
			 temporary sign must meet the requirements of the local jurisdiction and ORS
			 377.700 to
			 377.844.
			 A sign that complies with all the provisions of ORS
			 377.735(1)(b)
			 may be erected without prior approval of the Department. If the temporary sign
			 requires a variance, the variance must be obtained prior to erecting the sign.
			 The Department may, at its discretion, retroactively grant a
			 variance.
(3) The entire message
			 must be contained on one sign. Fragmentation of messages on separate sign
			 panels is prohibited.
(4) Changes
			 in copy or location. For the sake of the time limits described in ORS
			 377.735(1)(b),
			 the following will be considered one sign:
(a)
			 The same sign structure, regardless of copy, moved less than 600 feet from a
			 former site; or
(b) A different
			 sign structure, regardless of copy, in approximately the same location as
			 another sign that was removed.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0180 - Restricted Sign Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0185 - Public Convenience and Safety Signs

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  377.735
Stats. Implemented: ORS
				  377.735
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 60 - SIGNS › Section 734-060-0190 - Digital or LED Variable Message Signs Other than Outdoor Advertising Signs

Current through Register Vol. 63, No. 7, July 1, 2024
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.]
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 62 - SIGNS IDENTIFYING CULTURAL AND HISTORICAL FEATURES › Section 734-062-0005 - Applicability and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  184.616,
				  184.619, 366
Stats. Implemented: ORS
				  366.205,
				  366.450
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 62 - SIGNS IDENTIFYING CULTURAL AND HISTORICAL FEATURES › Section 734-062-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  184.616,
				  184.619, 366
Stats. Implemented: ORS
				  366.205 &
				  366.450