State Codes and Statutes

Statutes > Oregon > Vol10 > 377

Chapter 377 — HighwayBeautification; Motorist Information Signs

 

2009 EDITION

 

HIGHWAYBEAUTIFICATION; MOTORIST SIGNS

 

HIGHWAYS,ROADS, BRIDGES AND FERRIES

 

TREES

 

377.030     Destructionor removal of trees on state highways without permission prohibited

 

377.040     Applicationto department to remove trees along state highways

 

377.050     Consentof department for removal of trees along state highways

 

HISTORICAND SCENIC HIGHWAYS

 

377.100     Studyof highway system; designation of historic and scenic highways

 

377.105     Effectof designation as historic and scenic highway

 

SCENICAREAS

 

377.505     Definitionsfor ORS 377.505 to 377.540

 

377.510     Signsvisible from state highways regulated; junkyards prohibited; exceptions

 

377.515     Removalof nonconforming signs deferred

 

377.521     Statusof previously designated scenic areas

 

377.540     Directorof Transportation to enforce orders and render administrative assistance

 

JUNKYARDS

 

377.605     Definitionsfor ORS 377.605 to 377.655

 

377.610     Publicpolicy on junkyards

 

377.615     Director’sauthority to promulgate regulations, enter into agreements with federalgovernment

 

377.620     Restrictionson maintaining or establishing junkyard along highway

 

377.625     Screeningjunkyard located in restricted area

 

377.630     Removingjunkyard from restricted area

 

377.635     Junkyardin violation of restrictions declared a public nuisance; authority to abate;when junk placed on state highway right of way

 

377.640     Acquisitionof land necessary to screen or relocate junkyards

 

377.645     Expenditureof moneys to screen or relocate junkyards prior to availability of federalmatching funds

 

DISPOSALOF PROPERTY

 

377.650     Personalproperty not junk as nuisance; disposition of property; liability

 

377.655     Rulesfor removal and disposition of signs and property in violation of ORS 377.650

 

MOTORISTINFORMATION SIGNS

 

(GeneralProvisions)

 

377.700     Shorttitle

 

377.705     Policy

 

377.707     Identifyinglocation of signs on construction plans; repair or replacement of damaged signs

 

377.708     Effecton certain signs of transfer of jurisdiction over state highway

 

377.710     Definitionsfor ORS 377.700 to 377.840; rules

 

377.712     Issuanceof permits for certain preexisting signs

 

(Signs,Generally)

 

377.715     Applicationof ORS 377.700 to 377.840; prohibition against erection or maintenance ofcertain signs not in compliance with law

 

377.720     Prohibitedsigns; exceptions

 

377.723     Affidavitof city or county necessary for issuance of sign permit; requirements ofaffidavit

 

377.725     Permit;application; fee; cancellation; rules

 

377.729     Feesfor sign permits and business licenses; rules

 

377.730     Licensefor business of maintaining or erecting signs; fee; application; revocation;suspension

 

377.735     Exemptionsfrom sign permit requirements; historic signs; rules

 

377.737     Givingor receiving compensation or value for signs; rules

 

377.740     ORS377.700 to 377.840 not intended to authorize signs prohibited by othergovernmental units

 

377.745     Limitationon form and size of signs

 

377.750     Spacingbetween signs

 

377.753     Permitsfor outdoor advertising signs; rules

 

377.756     Permitsfor signs erected by city or unincorporated community

 

377.757     Requirementsfor signs authorized by ORS 377.756; payment of cost of sign

 

377.758     Notificationby federal authorities of illegal sign; consequences

 

377.759     Issuanceof relocation credits for removal of outdoor advertising signs from scenicbyway; rules

 

377.762     Issuanceof relocation credits for removal of sign

 

377.763     Consolidationof relocation credits

 

377.765     Statusof previously existing signs; removal upon payment of compensation

 

377.767     Relocationof existing outdoor advertising sign; conditions

 

377.768     Effectof relocation permit on existing sign permit; duty of director

 

377.770     Signsin protected, commercial or industrial areas

 

377.773     Whensign abandoned; removal

 

377.775     Removalprocedure for noncomplying signs; ownership issues at hearing; disposition ofremoved signs; costs of removal

 

377.777     Actionto enjoin person from violation of ORS 377.700 to 377.840

 

377.780     Removalof outdoor advertising signs; payment of compensation; value determinations

 

377.787     Contractsto study traveler information needs; council to establish sign programs; rules

 

377.790     Construction,maintenance and operation of tourist and motorist informational signs

 

377.795     Allocationof costs of telephone informational system; webpage fee; disposition ofreceipts

 

377.800     Touristand motorist informational signs; logo signs; sign and travel plazas

 

377.805     Formof tourist and motorist informational signs; use of logo signs

 

377.820     Applicationfor tourist or motorist informational sign permit; investigation; disposition

 

377.825     Feesfor sign applications, maintenance costs and reinstallation

 

377.830     Limitationon motorist informational sign permits; use of logo signs

 

(Administration)

 

377.835     Creationof Travel Information Council as semi-independent state agency; members;qualifications; appointment; terms; chairperson; quorum; rules

 

377.836     Applicationof certain statutes to Travel Information Council

 

377.838     Authorityof director of Travel Information Council

 

377.840     TravelInformation Council account; budget process; disposition of moneys received

 

377.845     Useof funds by Department of Transportation after repayment of highway fund

 

PENALTIES

 

377.992     Penalties;rules

 

      377.010 [Amended by1959 c.382 §1; repealed by 1981 c.153 §79]

 

      377.020 [Repealed by1981 c.153 §79]

 

TREES

 

      377.030Destruction or removal of trees on state highways without permissionprohibited.No person shall dig up, cut down, injure, destroy or in any manner remove anytrees growing upon the right of way of any state highway without firstprocuring the written consent of the Department of Transportation.

 

      377.040Application to department to remove trees along state highways. Whenever anyperson, firm or corporation, including any public, municipal or privatecorporation and any privately or publicly owned utility or cooperativeassociation, desires to dig up, cut down, injure, destroy or in any mannerremove any trees growing upon the right of way of any state highway, suchperson shall file with the Department of Transportation an application inwriting, setting forth the reasons and purpose for the removal or destructionof the trees.

 

      377.050Consent of department for removal of trees along state highways. (1) Upon thefiling of the application mentioned in ORS 377.040 the Department ofTransportation may, if in its judgment and discretion the destruction orremoval of the trees will not mar or in any way affect the scenic beauty of orotherwise harm, injure or affect the highway, issue a permit authorizing thecutting down, digging up, removal or destruction of the trees under suchconditions and in such manner as the department may in such permit designate.

      (2)Such permits may be granted when it becomes necessary to cut or remove brushand tree growth which otherwise would be hazardous to the operation ormaintenance of lines for the transmission of electric energy or communication,or which would impair the efficiency of the service of such lines to thepublic, but such cutting or removal shall be done in such manner as notsubstantially to impair the scenic beauty of the highway.

 

HISTORICAND SCENIC HIGHWAYS

 

      377.100Study of highway system; designation of historic and scenic highways. The OregonTransportation Commission shall conduct a study of the historic, scenic andcultural values of the state highway system. The study required by thissubsection is subject to the following:

      (1)In developing the study the commission shall appoint a volunteer citizenadvisory committee to advise the commission on the study.

      (2)The study shall identify and evaluate areas of the state highway system fortheir historic, recreational or scenic significance.

      (3)The study shall designate highways, portions of highways or highway relatedstructures as historic and scenic highways. [1983 c.552 §1; 1985 c.260 §1]

 

      377.105Effect of designation as historic and scenic highway. When a highway,portion of a highway or highway related structure is designated as an historicand scenic highway under ORS 377.100, the Oregon Transportation Commission andthe Department of Transportation:

      (1)Shall provide for the rehabilitation, restoration, maintenance and preservationof those features of the highway or structure that have historical,engineering, recreational, scenic or tourist related significance, wheneverprudent and feasible.

      (2)May consult with the State Historic Preservation Officer, state historicorganizations and other appropriate groups or organizations to determine how tobest rehabilitate, restore, maintain and preserve the significant features ofthe highway or structure.

      (3)In all highway planning and funding considerations, shall provide for thecontinuance of the significant features of the highway or structure, wheneverprudent and feasible.

      (4)As the commission determines appropriate, may arrange for and provide forposting of signs, consistent with ORS 377.700 to 377.840, 810.200 and 810.210,to inform the traveling public of the location and significant features of thehighway or structure.

      (5)Shall not dismantle, destroy, abandon, significantly transform or sell thehighway or structure or any portion thereof or take any other action that willadversely affect the preservation of the highway or structure as an historicand scenic highway when it is prudent or feasible not to take such action.

      (6)May provide for bypass highways to divert damaging traffic from use of thehighway or structure or provide other means of limiting or diverting use of thehighway or structure by damaging traffic.

      (7)Are directed to seek and may accept and use for the purposes of this sectionand ORS 377.100 contributions, gifts, grants and moneys from any source, publicor private.

      (8)May hold hearings that have been given appropriate public notification beforeany significant action is taken relating to a highway, portion of a highway orhighway related structure that is so designated.

      (9)Shall consider aesthetics and environmental effects when the only alternativeto rehabilitation or restoration is to replace a portion of a highway orhighway related structure so designated. [1983 c.552 §2; 1985 c.16 §461; 1985c.260 §2]

 

      377.110 [1955 c.541 §1;repealed by 1959 c.309 §22]

State Codes and Statutes

Statutes > Oregon > Vol10 > 377

Chapter 377 — HighwayBeautification; Motorist Information Signs

 

2009 EDITION

 

HIGHWAYBEAUTIFICATION; MOTORIST SIGNS

 

HIGHWAYS,ROADS, BRIDGES AND FERRIES

 

TREES

 

377.030     Destructionor removal of trees on state highways without permission prohibited

 

377.040     Applicationto department to remove trees along state highways

 

377.050     Consentof department for removal of trees along state highways

 

HISTORICAND SCENIC HIGHWAYS

 

377.100     Studyof highway system; designation of historic and scenic highways

 

377.105     Effectof designation as historic and scenic highway

 

SCENICAREAS

 

377.505     Definitionsfor ORS 377.505 to 377.540

 

377.510     Signsvisible from state highways regulated; junkyards prohibited; exceptions

 

377.515     Removalof nonconforming signs deferred

 

377.521     Statusof previously designated scenic areas

 

377.540     Directorof Transportation to enforce orders and render administrative assistance

 

JUNKYARDS

 

377.605     Definitionsfor ORS 377.605 to 377.655

 

377.610     Publicpolicy on junkyards

 

377.615     Director’sauthority to promulgate regulations, enter into agreements with federalgovernment

 

377.620     Restrictionson maintaining or establishing junkyard along highway

 

377.625     Screeningjunkyard located in restricted area

 

377.630     Removingjunkyard from restricted area

 

377.635     Junkyardin violation of restrictions declared a public nuisance; authority to abate;when junk placed on state highway right of way

 

377.640     Acquisitionof land necessary to screen or relocate junkyards

 

377.645     Expenditureof moneys to screen or relocate junkyards prior to availability of federalmatching funds

 

DISPOSALOF PROPERTY

 

377.650     Personalproperty not junk as nuisance; disposition of property; liability

 

377.655     Rulesfor removal and disposition of signs and property in violation of ORS 377.650

 

MOTORISTINFORMATION SIGNS

 

(GeneralProvisions)

 

377.700     Shorttitle

 

377.705     Policy

 

377.707     Identifyinglocation of signs on construction plans; repair or replacement of damaged signs

 

377.708     Effecton certain signs of transfer of jurisdiction over state highway

 

377.710     Definitionsfor ORS 377.700 to 377.840; rules

 

377.712     Issuanceof permits for certain preexisting signs

 

(Signs,Generally)

 

377.715     Applicationof ORS 377.700 to 377.840; prohibition against erection or maintenance ofcertain signs not in compliance with law

 

377.720     Prohibitedsigns; exceptions

 

377.723     Affidavitof city or county necessary for issuance of sign permit; requirements ofaffidavit

 

377.725     Permit;application; fee; cancellation; rules

 

377.729     Feesfor sign permits and business licenses; rules

 

377.730     Licensefor business of maintaining or erecting signs; fee; application; revocation;suspension

 

377.735     Exemptionsfrom sign permit requirements; historic signs; rules

 

377.737     Givingor receiving compensation or value for signs; rules

 

377.740     ORS377.700 to 377.840 not intended to authorize signs prohibited by othergovernmental units

 

377.745     Limitationon form and size of signs

 

377.750     Spacingbetween signs

 

377.753     Permitsfor outdoor advertising signs; rules

 

377.756     Permitsfor signs erected by city or unincorporated community

 

377.757     Requirementsfor signs authorized by ORS 377.756; payment of cost of sign

 

377.758     Notificationby federal authorities of illegal sign; consequences

 

377.759     Issuanceof relocation credits for removal of outdoor advertising signs from scenicbyway; rules

 

377.762     Issuanceof relocation credits for removal of sign

 

377.763     Consolidationof relocation credits

 

377.765     Statusof previously existing signs; removal upon payment of compensation

 

377.767     Relocationof existing outdoor advertising sign; conditions

 

377.768     Effectof relocation permit on existing sign permit; duty of director

 

377.770     Signsin protected, commercial or industrial areas

 

377.773     Whensign abandoned; removal

 

377.775     Removalprocedure for noncomplying signs; ownership issues at hearing; disposition ofremoved signs; costs of removal

 

377.777     Actionto enjoin person from violation of ORS 377.700 to 377.840

 

377.780     Removalof outdoor advertising signs; payment of compensation; value determinations

 

377.787     Contractsto study traveler information needs; council to establish sign programs; rules

 

377.790     Construction,maintenance and operation of tourist and motorist informational signs

 

377.795     Allocationof costs of telephone informational system; webpage fee; disposition ofreceipts

 

377.800     Touristand motorist informational signs; logo signs; sign and travel plazas

 

377.805     Formof tourist and motorist informational signs; use of logo signs

 

377.820     Applicationfor tourist or motorist informational sign permit; investigation; disposition

 

377.825     Feesfor sign applications, maintenance costs and reinstallation

 

377.830     Limitationon motorist informational sign permits; use of logo signs

 

(Administration)

 

377.835     Creationof Travel Information Council as semi-independent state agency; members;qualifications; appointment; terms; chairperson; quorum; rules

 

377.836     Applicationof certain statutes to Travel Information Council

 

377.838     Authorityof director of Travel Information Council

 

377.840     TravelInformation Council account; budget process; disposition of moneys received

 

377.845     Useof funds by Department of Transportation after repayment of highway fund

 

PENALTIES

 

377.992     Penalties;rules

 

      377.010 [Amended by1959 c.382 §1; repealed by 1981 c.153 §79]

 

      377.020 [Repealed by1981 c.153 §79]

 

TREES

 

      377.030Destruction or removal of trees on state highways without permissionprohibited.No person shall dig up, cut down, injure, destroy or in any manner remove anytrees growing upon the right of way of any state highway without firstprocuring the written consent of the Department of Transportation.

 

      377.040Application to department to remove trees along state highways. Whenever anyperson, firm or corporation, including any public, municipal or privatecorporation and any privately or publicly owned utility or cooperativeassociation, desires to dig up, cut down, injure, destroy or in any mannerremove any trees growing upon the right of way of any state highway, suchperson shall file with the Department of Transportation an application inwriting, setting forth the reasons and purpose for the removal or destructionof the trees.

 

      377.050Consent of department for removal of trees along state highways. (1) Upon thefiling of the application mentioned in ORS 377.040 the Department ofTransportation may, if in its judgment and discretion the destruction orremoval of the trees will not mar or in any way affect the scenic beauty of orotherwise harm, injure or affect the highway, issue a permit authorizing thecutting down, digging up, removal or destruction of the trees under suchconditions and in such manner as the department may in such permit designate.

      (2)Such permits may be granted when it becomes necessary to cut or remove brushand tree growth which otherwise would be hazardous to the operation ormaintenance of lines for the transmission of electric energy or communication,or which would impair the efficiency of the service of such lines to thepublic, but such cutting or removal shall be done in such manner as notsubstantially to impair the scenic beauty of the highway.

 

HISTORICAND SCENIC HIGHWAYS

 

      377.100Study of highway system; designation of historic and scenic highways. The OregonTransportation Commission shall conduct a study of the historic, scenic andcultural values of the state highway system. The study required by thissubsection is subject to the following:

      (1)In developing the study the commission shall appoint a volunteer citizenadvisory committee to advise the commission on the study.

      (2)The study shall identify and evaluate areas of the state highway system fortheir historic, recreational or scenic significance.

      (3)The study shall designate highways, portions of highways or highway relatedstructures as historic and scenic highways. [1983 c.552 §1; 1985 c.260 §1]

 

      377.105Effect of designation as historic and scenic highway. When a highway,portion of a highway or highway related structure is designated as an historicand scenic highway under ORS 377.100, the Oregon Transportation Commission andthe Department of Transportation:

      (1)Shall provide for the rehabilitation, restoration, maintenance and preservationof those features of the highway or structure that have historical,engineering, recreational, scenic or tourist related significance, wheneverprudent and feasible.

      (2)May consult with the State Historic Preservation Officer, state historicorganizations and other appropriate groups or organizations to determine how tobest rehabilitate, restore, maintain and preserve the significant features ofthe highway or structure.

      (3)In all highway planning and funding considerations, shall provide for thecontinuance of the significant features of the highway or structure, wheneverprudent and feasible.

      (4)As the commission determines appropriate, may arrange for and provide forposting of signs, consistent with ORS 377.700 to 377.840, 810.200 and 810.210,to inform the traveling public of the location and significant features of thehighway or structure.

      (5)Shall not dismantle, destroy, abandon, significantly transform or sell thehighway or structure or any portion thereof or take any other action that willadversely affect the preservation of the highway or structure as an historicand scenic highway when it is prudent or feasible not to take such action.

      (6)May provide for bypass highways to divert damaging traffic from use of thehighway or structure or provide other means of limiting or diverting use of thehighway or structure by damaging traffic.

      (7)Are directed to seek and may accept and use for the purposes of this sectionand ORS 377.100 contributions, gifts, grants and moneys from any source, publicor private.

      (8)May hold hearings that have been given appropriate public notification beforeany significant action is taken relating to a highway, portion of a highway orhighway related structure that is so designated.

      (9)Shall consider aesthetics and environmental effects when the only alternativeto rehabilitation or restoration is to replace a portion of a highway orhighway related structure so designated. [1983 c.552 §2; 1985 c.16 §461; 1985c.260 §2]

 

      377.110 [1955 c.541 §1;repealed by 1959 c.309 §22]

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State Codes and Statutes

State Codes and Statutes

Statutes > Oregon > Vol10 > 377

Chapter 377 — HighwayBeautification; Motorist Information Signs

 

2009 EDITION

 

HIGHWAYBEAUTIFICATION; MOTORIST SIGNS

 

HIGHWAYS,ROADS, BRIDGES AND FERRIES

 

TREES

 

377.030     Destructionor removal of trees on state highways without permission prohibited

 

377.040     Applicationto department to remove trees along state highways

 

377.050     Consentof department for removal of trees along state highways

 

HISTORICAND SCENIC HIGHWAYS

 

377.100     Studyof highway system; designation of historic and scenic highways

 

377.105     Effectof designation as historic and scenic highway

 

SCENICAREAS

 

377.505     Definitionsfor ORS 377.505 to 377.540

 

377.510     Signsvisible from state highways regulated; junkyards prohibited; exceptions

 

377.515     Removalof nonconforming signs deferred

 

377.521     Statusof previously designated scenic areas

 

377.540     Directorof Transportation to enforce orders and render administrative assistance

 

JUNKYARDS

 

377.605     Definitionsfor ORS 377.605 to 377.655

 

377.610     Publicpolicy on junkyards

 

377.615     Director’sauthority to promulgate regulations, enter into agreements with federalgovernment

 

377.620     Restrictionson maintaining or establishing junkyard along highway

 

377.625     Screeningjunkyard located in restricted area

 

377.630     Removingjunkyard from restricted area

 

377.635     Junkyardin violation of restrictions declared a public nuisance; authority to abate;when junk placed on state highway right of way

 

377.640     Acquisitionof land necessary to screen or relocate junkyards

 

377.645     Expenditureof moneys to screen or relocate junkyards prior to availability of federalmatching funds

 

DISPOSALOF PROPERTY

 

377.650     Personalproperty not junk as nuisance; disposition of property; liability

 

377.655     Rulesfor removal and disposition of signs and property in violation of ORS 377.650

 

MOTORISTINFORMATION SIGNS

 

(GeneralProvisions)

 

377.700     Shorttitle

 

377.705     Policy

 

377.707     Identifyinglocation of signs on construction plans; repair or replacement of damaged signs

 

377.708     Effecton certain signs of transfer of jurisdiction over state highway

 

377.710     Definitionsfor ORS 377.700 to 377.840; rules

 

377.712     Issuanceof permits for certain preexisting signs

 

(Signs,Generally)

 

377.715     Applicationof ORS 377.700 to 377.840; prohibition against erection or maintenance ofcertain signs not in compliance with law

 

377.720     Prohibitedsigns; exceptions

 

377.723     Affidavitof city or county necessary for issuance of sign permit; requirements ofaffidavit

 

377.725     Permit;application; fee; cancellation; rules

 

377.729     Feesfor sign permits and business licenses; rules

 

377.730     Licensefor business of maintaining or erecting signs; fee; application; revocation;suspension

 

377.735     Exemptionsfrom sign permit requirements; historic signs; rules

 

377.737     Givingor receiving compensation or value for signs; rules

 

377.740     ORS377.700 to 377.840 not intended to authorize signs prohibited by othergovernmental units

 

377.745     Limitationon form and size of signs

 

377.750     Spacingbetween signs

 

377.753     Permitsfor outdoor advertising signs; rules

 

377.756     Permitsfor signs erected by city or unincorporated community

 

377.757     Requirementsfor signs authorized by ORS 377.756; payment of cost of sign

 

377.758     Notificationby federal authorities of illegal sign; consequences

 

377.759     Issuanceof relocation credits for removal of outdoor advertising signs from scenicbyway; rules

 

377.762     Issuanceof relocation credits for removal of sign

 

377.763     Consolidationof relocation credits

 

377.765     Statusof previously existing signs; removal upon payment of compensation

 

377.767     Relocationof existing outdoor advertising sign; conditions

 

377.768     Effectof relocation permit on existing sign permit; duty of director

 

377.770     Signsin protected, commercial or industrial areas

 

377.773     Whensign abandoned; removal

 

377.775     Removalprocedure for noncomplying signs; ownership issues at hearing; disposition ofremoved signs; costs of removal

 

377.777     Actionto enjoin person from violation of ORS 377.700 to 377.840

 

377.780     Removalof outdoor advertising signs; payment of compensation; value determinations

 

377.787     Contractsto study traveler information needs; council to establish sign programs; rules

 

377.790     Construction,maintenance and operation of tourist and motorist informational signs

 

377.795     Allocationof costs of telephone informational system; webpage fee; disposition ofreceipts

 

377.800     Touristand motorist informational signs; logo signs; sign and travel plazas

 

377.805     Formof tourist and motorist informational signs; use of logo signs

 

377.820     Applicationfor tourist or motorist informational sign permit; investigation; disposition

 

377.825     Feesfor sign applications, maintenance costs and reinstallation

 

377.830     Limitationon motorist informational sign permits; use of logo signs

 

(Administration)

 

377.835     Creationof Travel Information Council as semi-independent state agency; members;qualifications; appointment; terms; chairperson; quorum; rules

 

377.836     Applicationof certain statutes to Travel Information Council

 

377.838     Authorityof director of Travel Information Council

 

377.840     TravelInformation Council account; budget process; disposition of moneys received

 

377.845     Useof funds by Department of Transportation after repayment of highway fund

 

PENALTIES

 

377.992     Penalties;rules

 

      377.010 [Amended by1959 c.382 §1; repealed by 1981 c.153 §79]

 

      377.020 [Repealed by1981 c.153 §79]

 

TREES

 

      377.030Destruction or removal of trees on state highways without permissionprohibited.No person shall dig up, cut down, injure, destroy or in any manner remove anytrees growing upon the right of way of any state highway without firstprocuring the written consent of the Department of Transportation.

 

      377.040Application to department to remove trees along state highways. Whenever anyperson, firm or corporation, including any public, municipal or privatecorporation and any privately or publicly owned utility or cooperativeassociation, desires to dig up, cut down, injure, destroy or in any mannerremove any trees growing upon the right of way of any state highway, suchperson shall file with the Department of Transportation an application inwriting, setting forth the reasons and purpose for the removal or destructionof the trees.

 

      377.050Consent of department for removal of trees along state highways. (1) Upon thefiling of the application mentioned in ORS 377.040 the Department ofTransportation may, if in its judgment and discretion the destruction orremoval of the trees will not mar or in any way affect the scenic beauty of orotherwise harm, injure or affect the highway, issue a permit authorizing thecutting down, digging up, removal or destruction of the trees under suchconditions and in such manner as the department may in such permit designate.

      (2)Such permits may be granted when it becomes necessary to cut or remove brushand tree growth which otherwise would be hazardous to the operation ormaintenance of lines for the transmission of electric energy or communication,or which would impair the efficiency of the service of such lines to thepublic, but such cutting or removal shall be done in such manner as notsubstantially to impair the scenic beauty of the highway.

 

HISTORICAND SCENIC HIGHWAYS

 

      377.100Study of highway system; designation of historic and scenic highways. The OregonTransportation Commission shall conduct a study of the historic, scenic andcultural values of the state highway system. The study required by thissubsection is subject to the following:

      (1)In developing the study the commission shall appoint a volunteer citizenadvisory committee to advise the commission on the study.

      (2)The study shall identify and evaluate areas of the state highway system fortheir historic, recreational or scenic significance.

      (3)The study shall designate highways, portions of highways or highway relatedstructures as historic and scenic highways. [1983 c.552 §1; 1985 c.260 §1]

 

      377.105Effect of designation as historic and scenic highway. When a highway,portion of a highway or highway related structure is designated as an historicand scenic highway under ORS 377.100, the Oregon Transportation Commission andthe Department of Transportation:

      (1)Shall provide for the rehabilitation, restoration, maintenance and preservationof those features of the highway or structure that have historical,engineering, recreational, scenic or tourist related significance, wheneverprudent and feasible.

      (2)May consult with the State Historic Preservation Officer, state historicorganizations and other appropriate groups or organizations to determine how tobest rehabilitate, restore, maintain and preserve the significant features ofthe highway or structure.

      (3)In all highway planning and funding considerations, shall provide for thecontinuance of the significant features of the highway or structure, wheneverprudent and feasible.

      (4)As the commission determines appropriate, may arrange for and provide forposting of signs, consistent with ORS 377.700 to 377.840, 810.200 and 810.210,to inform the traveling public of the location and significant features of thehighway or structure.

      (5)Shall not dismantle, destroy, abandon, significantly transform or sell thehighway or structure or any portion thereof or take any other action that willadversely affect the preservation of the highway or structure as an historicand scenic highway when it is prudent or feasible not to take such action.

      (6)May provide for bypass highways to divert damaging traffic from use of thehighway or structure or provide other means of limiting or diverting use of thehighway or structure by damaging traffic.

      (7)Are directed to seek and may accept and use for the purposes of this sectionand ORS 377.100 contributions, gifts, grants and moneys from any source, publicor private.

      (8)May hold hearings that have been given appropriate public notification beforeany significant action is taken relating to a highway, portion of a highway orhighway related structure that is so designated.

      (9)Shall consider aesthetics and environmental effects when the only alternativeto rehabilitation or restoration is to replace a portion of a highway orhighway related structure so designated. [1983 c.552 §2; 1985 c.16 §461; 1985c.260 §2]

 

      377.110 [1955 c.541 §1;repealed by 1959 c.309 §22]