ORS Chapter 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]