2015 ORS 377.723¹
Affidavit of city or county necessary for issuance of sign permit
  • requirements of affidavit

Notwithstanding any other provision of ORS 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety), the Department of Transportation shall not issue a permit under ORS 377.725 (Permit) or 377.767 (Relocation of existing outdoor advertising sign) unless the applicant for the permit submits affidavits that meet the following requirements:

(1) The applicant must submit an affidavit from each city or county that would have jurisdiction over the proposed sign.

(2) Each affidavit must contain a certification by the respective city or county that the proposed sign would comply with all applicable ordinances, plans, rules and other requirements of the city or county.

(3) Each affidavit must be on a form prepared by the department. [1981 c.329 §2; 1987 c.336 §4; 1993 c.741 §55]

Notes of Decisions

Exclusion of on-premises signs from regula­tion as outdoor advertising signs is not content-based discrimina­tion against noncommercial speech. Outdoor Media Dimensions, Inc. v. State of Oregon, 150 Or App 106, 945 P2d 614 (1997), aff'd 331 Or 634, 20 P3d 180 (2001)

Imposi­tion of content-neutral regulatory require­ments does not infringe on protected speech. Outdoor Media Dimensions v. Depart­ment of Transporta­tion, 340 Or 275, 132 P3d 5 (2006)

Atty. Gen. Opinions

City and county "police power" for removal of billboards and signs; compensa­tion or amortiza­tion period, (1974) Vol 36, p 1145

1 Legislative Counsel Committee, CHAPTER 377—Highway Beautification; Motorist Information Signs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors377.­html (2015) (last ac­cessed Jul. 16, 2016).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 377, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano377.­html (2015) (last ac­cessed Jul. 16, 2016).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.