ORS 377.735
Exemptions from sign permit requirements

  • historic signs
  • rules

(1)

The permit requirements of ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety) do not apply to:

(a)

Signs of a governmental unit, including but not limited to traffic control signs or devices, legal notices or warnings.

(b)

A temporary sign on private property if:

(A)

The sign does not exceed 12 square feet;

(B)

The sign is not on a permanent base;

(C)

The sign does not remain in place for a period of more than 60 days in a calendar year, except that a sign erected by a resident on the resident’s residential property may remain in place for longer than 60 days in a calendar year;

(D)

No person receives compensation or anything of value as defined by the Department of Transportation by rule for displaying the sign; and

(E)

The sign complies with ORS 377.720 (Prohibited signs).

(2)

The Department of Transportation may adopt rules that, for good cause shown, allow a person displaying a temporary sign to obtain a variance from the restrictions in subsection (1)(b) of this section. The department shall not consider the content of the sign in deciding whether to allow a variance.

(3)

The department shall adopt rules for the approval and preservation of historic signs. Rules adopted under this subsection may not be based on or allow consideration of the content of the signs.

(4)

The department shall adopt rules for the erection and maintenance of permanent signs that do not exceed six square feet and that provide messages for the safety or convenience of the public.

(5)

ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety) do not apply to a sign erected or maintained within a city more than 660 feet from the nearest edge of the right of way of a state highway, unless the sign is designed to be viewed primarily from the state highway. [1971 c.770 §14; 1973 c.790 §6; 1975 c.336 §5; 1977 c.265 §3; 1987 c.336 §5; 1993 c.741 §58; 1999 c.877 §7; 2007 c.199 §10]

Source: Section 377.735 — Exemptions from sign permit requirements; historic signs; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors377.­html.

Notes of Decisions

“For good cause shown” means that determination must be based on whether applicant has demonstrated sufficient reason for variance. Lombardo v. Warner, 340 Or 264, 132 P3d 22 (2006)

To extent consistent with orderly processing of variance requests, decision regarding variance request must be rendered in sufficiently timely fashion to make display of sign meaningful. Lombardo v. Warner, 340 Or 264, 132 P3d 22 (2006)

Notwithstanding that any message might be related to on-premises or off-premises activity, requiring permit for highway signs relating to off-premises activities while granting permit exemption to highway signs related to on-premises activities is unconstitutional content-based regulation of speech. Outdoor Media Dimensions v. Department of Transportation, 340 Or 275, 132 P3d 5 (2006)

Attorney General Opinions

Concerning ownership of sign structures, (1976) Vol 38, p 158; permits for exempted signs, (1976) Vol 38, p 158; removal of residential directional signs not located on premises to which they refer, (1980) Vol 40, p 277; regulation of temporary political signs, (1982) Vol. 42, p 372

377.030
Destruction or removal of trees on state highways without permission prohibited
377.040
Application to department to remove trees along state highways
377.050
Consent of department for removal of trees along state highways
377.100
Study of highway system
377.105
Effect of designation as historic and scenic highway
377.505
Definitions for ORS 377.505 to 377.540
377.510
Signs visible from state highways regulated
377.515
Removal of nonconforming signs deferred
377.521
Status of previously designated scenic areas
377.540
Director of Transportation to enforce orders and render administrative assistance
377.605
Definitions for ORS 377.605 to 377.655
377.610
Public policy on junkyards
377.615
Director’s authority to promulgate regulations, enter into agreements with federal government
377.620
Restrictions on maintaining or establishing junkyard along highway
377.625
Screening junkyard located in restricted area
377.630
Removing junkyard from restricted area
377.635
Junkyard in violation of restrictions declared a public nuisance
377.640
Acquisition of land necessary to screen or relocate junkyards
377.645
Expenditure of moneys to screen or relocate junkyards prior to availability of federal matching funds
377.650
Personal property on state highway
377.653
Personal property under state highway bridge
377.655
Rules for removal and disposition of signs and property in violation of ORS 377.650
377.700
Short title
377.705
Policy
377.707
Identifying location of signs on construction plans
377.708
Effect on certain signs of transfer of jurisdiction over state highway
377.710
Definitions for ORS 377.700 to 377.844
377.712
Issuance of permits for certain preexisting signs
377.713
Compensation following partial or total loss of outdoor advertising sign
377.715
Application of ORS 377.700 to 377.844
377.720
Prohibited signs
377.723
Affidavit of city or county necessary for issuance of sign permit
377.725
Permit
377.729
Fees for sign permits and business licenses
377.730
License for business of maintaining or erecting signs
377.735
Exemptions from sign permit requirements
377.737
Giving or receiving compensation or value for signs
377.740
ORS 377.700 to 377.844 not intended to authorize signs prohibited by other governmental units
377.745
Limitation on form and size of signs
377.750
Spacing between signs
377.753
Permits for outdoor advertising signs
377.756
Permits for signs erected by city or unincorporated community
377.757
Requirements for signs authorized by ORS 377.756
377.758
Notification by federal authorities of illegal sign
377.759
Issuance of relocation credits for removal of outdoor advertising signs from scenic byway
377.762
Issuance of relocation credits for removal of sign
377.763
Consolidation of relocation credits
377.765
Status of previously existing signs
377.767
Relocation of existing outdoor advertising sign
377.768
Effect of relocation permit on existing sign permit
377.770
Signs in protected, commercial or industrial areas
377.773
When sign abandoned
377.775
Removal procedure for noncomplying signs
377.777
Action to enjoin person from violation of ORS 377.700 to 377.844
377.780
Removal of outdoor advertising signs
377.787
Contracts to study traveler information needs
377.790
Construction, maintenance and operation of tourist and motorist informational signs
377.795
Allocation of costs of telephone informational system
377.800
Tourist and motorist informational signs
377.805
Form of tourist and motorist informational signs
377.820
Application for tourist or motorist informational sign permit
377.825
Fees for sign applications, maintenance costs and reinstallation
377.830
Limitation on motorist informational sign permits
377.831
Application for digital billboard permit
377.833
Public notifications
377.835
Creation of Travel Information Council as semi-independent state agency
377.836
Application of certain statutes to Travel Information Council
377.838
Authority of executive director of Travel Information Council
377.839
Authority of Travel Information Council
377.840
Travel Information Council account
377.841
Roadside rest areas
377.842
Refreshments at roadside rest areas
377.844
Enforcement of rules regarding health and safety
377.845
Use of funds by Department of Transportation after repayment of highway fund
377.880
Informational materials in roadside rest areas
377.885
Department of Transportation Human Trafficking Awareness Fund
377.887
State Parks and Recreation Department Human Trafficking Awareness Fund
377.992
Penalties
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