Loading
 

 

Oregon Bulletin

May 1, 2012

Department of Transportation, Highway Division, Chapter 734

Rule Caption: Traffic Signal Approval, Installation, Modification, and Removal on State Highways.

Adm. Order No.: HWD 5-2012

Filed with Sec. of State: 3-26-2012

Certified to be Effective: 3-26-12

Notice Publication Date: 12-1-2011

Rules Adopted: 734-020-0485

Rules Amended: 734-020-0020, 734-020-0400, 734-020-0420, 734-020-0430, 734-020-0470, 734-020-0480, 734-020-0500

Rules Repealed: 734-020-0025, 734-020-0032, 734-020-0034, 734-020-0135, 734-020-0140, 734-020-0440, 734-020-0450, 734-020-0460, 734-020-0490

Subject: These rule changes make traffic signal rules current, remove unnecessary requirements, and eliminate inaccurate, obscure, and cumbersome references. New OAR 734-020-0485 establishes the design standard for installation of new, replaced, or significantly modified signal installations.

 The following ruled were amended:

 • 734-020-0020 delegates authority for parking and turn prohibitions

 • 734-020-0400 establishes the purpose for the Traffic Signals rules

 • 734-020-0420 defines terms used within rules 734-020-0400 through 734-020-0500

 • 734-020-0430 clarifies the State Traffic/Roadway Engineer approval process

 • 734-020-0470 defines traffic signal spacing and allows State Traffic/Roadway Engineer to use discretion for approval

 • 734-020-0480 traffic signal progression analysis in the traffic signal approval process

 • 734-020-0500 states the conditions for removal of an existing traffic signal

 The following rules were repealed:

 • 734-020-0025 Guidelines for U-Turn Designation (currently available in the Traffic Manual)

 • 734-020-0032 Definitions, relating to portable traffic signals (part of the guidelines and equipment specifications)

 • 734-020-0034 Guidelines, for portable traffic signals (guidance will be moved to an appropriate technical manual)

 • 734-020-0135 General Policy, for multiple right and left turns at highway intersections (included in the Traffic Manual)

 • 734-020-0140 Criteria for Multiple Left or Right Turn Movements (to be included in the Traffic Manual)

 • 734-020-0440 Traffic Signals on State Highways at Public Roads (covered under 734-020-0430)

 • 734-020-0450 Traffic Signals on State Highways at Private Roads (covered under 734-020-0430)

 • 734-020-0460 Consideration for Approval of a Traffic Signal Installation (included in 734-020-0430)

 • 734-020-0490 Conditions of Approval (warrants are under 734-020-0430 and approaches are under 734-020-0485)

Rules Coordinator: Lauri Kunze—(503) 986-3171

734-020-0020

Warrants for Parking and Turn Prohibitions

The State Traffic/Roadway Engineer (STRE) is delegated the authority to establish parking or turn prohibitions on state highways for state wide consistency. Region Traffic Engineers (RTE) are delegated the authority to establish parking or turn prohibitions on state highways within their respective Regions. RTE may consult with the STRE prior to establishing prohibitions. RTE will notify the STRE of the prohibitions.

(1) Parking prohibitions and turn prohibitions shall be warranted if:

(a) An engineering investigation indicates that such prohibitions will improve safe traffic operating conditions; or

(b) An engineering investigation indicates that such prohibitions are necessary to increase the capacity of the roadway or to otherwise expedite the movement of traffic.

(c) The engineering investigation will include a review and analysis of the past accident history, a study of the traffic volumes, patterns and turning movements when appropriate. A field investigation of the physical conditions will be made when required.

(2) Parking prohibitions shall be warranted if an engineering investigation indicates that such parking prohibitions are necessary:

(a) to prevent the imminent damage to the facility. Where parked vehicles could damaged the pavement surface; or

(b) to prevent facility conflicts with maintenance; or

(c) for time limit restrictions or loading zones.

(3) Turn prohibitions shall be warranted if an engineering investigation indicates that such turn prohibitions are necessary for safety or operations.

Stat. Auth.: ORS 184 & 810
Stats. Implemented: ORS 810.160 & 810.210
Hist.: 1 OTC 53, f. 3-3-75, ef. 3-25-75; HWD 5-2012, f. & cert. ef. 3-26-12

734-020-0400

Purpose

The purpose of OAR 734-020-0400 through 734-020-0500 is to establish the approval process for installation, modification, or removal of traffic signals under the authority of the Oregon Department of Transportation.

Stat. Auth.: ORS 184.616, 184.619, 366.205 & 810.200
Stats. Implemented: ORS 810.200 & 810.210
Hist.: TO 5-1999, f. & cert. ef. 12-17-99; HWD 5-2012, f. & cert. ef. 3-26-12

734-020-0420

Definitions

For the purposes of OAR 734-020-0400 through 734-020-0500, the following definitions apply:

(1) “Approach” means all lanes of traffic moving toward an intersection or a mid-block location from one direction.

(2) “MUTCD” means the Manual on Uniform Traffic Control Devices as adopted by OAR 734-020-0005.

(3) “Private approach “ means a private roadway or connection that is legally constructed and recognized by the Department in accordance with OAR 734-051.

(4) “Public road” means a public roadway, or similar facility under the jurisdiction of a public entity and open to public travel.

(5) “Roadway improvement project” means a major construction, reconstruction or realignment of a section of state highway.

(6) “State Highway System” means the group of roads and highways, so designated by law or by the Oregon Transportation Commission pursuant to ORS 366.220.

(7) “Traffic signal” means any highway traffic signal by which traffic is alternately directed to stop and permitted to proceed.

(8) “Engineering study” is a documented comprehensive analysis and evaluation of available pertinent information, and the application of appropriate principles, standards, guidance, and practices as contained in the MUTCD and other sources, for the purposes of deciding upon the applicability, design, operation, or installation of a traffic control device.

Stat. Auth.: ORS 184.616, 184.619, 366.205 & 810.200
Stats. Implemented: ORS 810.200 & 810.210
Hist.: TO 5-1999, f. & cert. ef. 12-17-99; HWD 5-2012, f. & cert. ef. 3-26-12

734-020-0430

Traffic Signal Approval

(1) No traffic signal shall be designed for, or constructed on, the State Highway System, regardless of the funding source, without the prior approval of the State Traffic/Roadway Engineer (STRE).

(2) Regardless of any ODOT approved documents, such as land use documents, transportation system plans, corridor plans or other agreements a traffic signal shall not be designed or constructed unless first approved by the STRE.

(3) An engineering study is required for approval. The study shall indicate the need for the traffic signal and demonstrate that the installation of a traffic signal would improve the overall safety and operation of the intersection.

(4) Intersections shall meet MUTCD traffic signal warrants, unless the STRE finds special conditions documented in the engineering study where no existing warrant is applicable.

(5) Traffic signal warrants should be met within three years after construction when a traffic signal is constructed as part of a roadway improvement project.

(6) Traffic signal warrants should be met on day of opening to accommodate additional traffic from a public or private development. The traffic signal shall not be turned-on more than one month in advance of day of opening.

(7) If traffic signal is not advanced to construction within five years the STRE traffic signal approval is automatically rescinded.

(8) For private approaches, assess the ability of the existing, planned, and proposed public roads to accommodate the traffic at another location.

(9) The STRE traffic signal approval does not assure the eventual design, installation, or operation of a traffic signal.

Stat. Auth.: ORS 184.616, 184.619, 366.205 & 810.200
Stats. Implemented: ORS 810.200 & 810.210
Hist.: TO 5-1999, f. & cert. ef. 12-17-99; HWD 6-2005, f. & cert. ef. 7-22-05; HWD 5-2012, f. & cert. ef. 3-26-12

734-020-0470

Traffic Signal Spacing Requirement

The desirable spacing of signalized intersections on statewide and regional highways is 1/2 mile. The STRE may approve the installation of a traffic signal at locations where 1/2-mile spacing is inappropriate or infeasible due to:

(1) Topography;

(2) Existing or proposed road layout;

(3) Identified traffic crash pattern;

(4) Unique physical constraints; or

(5) Existing or proposed land use patterns.

Stat. Auth.: ORS 184.616, 184.619, 366.205 & 810.200
Stats. Implemented: ORS 810.200 & 810.210
Hist.: TO 5-1999, f. & cert. ef. 12-17-99; HWD 5-2012, f. & cert. ef. 3-26-12

734-020-0480

Traffic Signal Progression Analysis for Traffic Signal Approval

(1) A traffic signal progression analysis is required for both existing and future conditions when a proposed traffic signal location is within one half mile of any existing or proposed new traffic signal. The STRE may require traffic signal progression analysis for spacing greater than one half mile.

(2) A traffic signal progression analysis for all new or modified approaches at traffic signals on state highways may be required for both existing and future conditions.

Stat. Auth.: ORS 184.616, 184.619, 366.205 & 810.200
Stats. Implemented: ORS 810.200 & 810.210
Hist.: TO 5-1999, f. & cert. ef. 12-17-99; HWD 5-2012, f. & cert. ef. 3-26-12

734-020-0485

Design Standards for Installation or Modification of a Traffic Signal

The following design standards apply to new, replaced, or significantly modified signal installations:

(1) The traffic signal design plans shall conform to the conditions listed in the STRE traffic signal approval.

(2) All approaches to a traffic signal controlled intersection shall be signalized.

(3) Design geometry of a private approach shall be consistent with that of public road intersections including curbs, appropriate lane widths, pavement markings, and vertical alignment.

Stat. Auth.: ORS 184.616, 184.619 & 810.200
Stats. Implemented: ORS 810.200 & 810.210
Hist.: HWD 5-2012, f. & cert. ef. 3-26-12

734-020-0500

Removal of Traffic Signals

An existing traffic signal may be removed if MUTCD traffic signal warrants are no longer met or a proposed change in geometry or traffic flow pattern will eliminate the need for the traffic signal. No traffic signal shall be removed from the State Highway System without prior approval of the STRE. A traffic control engineering study is required for approval, which shall include all of the following:

(1) A comprehensive investigation of traffic and safety conditions.

(2) Assessment of needs of the local community.

(3) Public opinion considerations.

Stat. Auth.: ORS 184.616, 184.619, 366.205 & 810.200
Stats. Implemented: ORS 810.200 & 810.210
Hist.: TO 5-1999, f. & cert. ef. 12-17-99; HWD 5-2012, f. & cert. ef. 3-26-12


 

Rule Caption: Outdoor advertising sign application process.

Adm. Order No.: HWD 6-2012

Filed with Sec. of State: 3-26-2012

Certified to be Effective: 3-26-12

Notice Publication Date: 2-1-2012

Rules Adopted: 734-060-0007

Rules Amended: 734-060-0000, 734-060-0010, 734-065-0015, 734-065-0020, 734-065-0025

Rules Repealed: 734-060-0000(T), 734-060-0007(T)

Subject: OAR 734-060-0000 outlines the process for filing an application for an outdoor advertising sign. OAR 734-060-0007 outlines the process for filing an application for a digital billboard, which is a subset of outdoor advertising signs specifically authorized in 2011 SB 639. Temporary rules were filed in July 2011 implementing SB 639. These amendments revise the language of the temporary rules and permanently implement SB 639 provisions.

 OAR 734-060-0010 outlines the process for requesting an outdoor advertising sign permit for a sign on a transit shelter. OAR 734-065-0015, 734-065-0020 and 734-065-0025 outline the process for requesting an outdoor advertising sign permit for a sign on a transit shelter. These amendments allow an easier process for applicants to request the permit and change the size to the industry standard for such signs.

Rules Coordinator: Lauri Kunze—(503) 986-3171

734-060-0000

Outdoor Advertising Sign Application Process

(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 three different Outdoor Advertising Sign application forms: “Standard Outdoor Advertising Sign Permit Application” for new permits for outdoor advertising signs that preexisted the law change on May 30, 2007, relocations and reconstructions of such permitted signs; “Digital Billboard Outdoor Advertising Sign Application” for digital permits newly issued under ORS 377.710, or relocation and reconstruction of such permitted signs and “Application for Transit Bench or Shelter Sign” for signs on bus/transit benches and bus/transit shelters. The Department may deny a permit application if the applicant does not use the correct form.

(2) Copies of sign laws. The Department will make available copies of all state sign statutes, administrative rules, federal statutes, federal regulations, and federal-state agreements in effect. The Department may charge for the copies at the rate established by law for public records requests, and may require prepayment. The Department may also provide these documents by e-mail, web site, or in other forms for the convenience of the public and the Department.

(3) Summary of regulations. To assist potential permit applicants and the general public, the Department will make available a summary of sign permit regulations. The summary does not bind the Department to the items listed or waive its right and duty to enforce all requirements under the law.

(4) Contents of applications for Standard Outdoor Advertising Signs and Digital Billboard Outdoor Advertising Signs. To be complete the application must include the following.

(a) Application form Part 1: Applicant Information, Sign Specifications. Information must be complete and accurate for applicant, sign builder, purpose of application, description, township/ range/section/tax lot, highway route number or name and side of highway, how site is marked, name and address of property owner, and why the sign will be an “outdoor advertising sign.” The location boxes should be completed to the best of applicant’s ability to enable the Department to find the site.

(b) Application form Part 2: Certification of Applicant. The application form must be signed and dated by the applicant, certifying the information provided by applicant is accurate and has not been changed after the local government certification (see section (c) below). If the applicant is a corporate or other business entity the individual signing must include their title so as to indicate the authority to sign for the applicant.

(c) Application form Part 3: Certification of Local Jurisdiction. After completing Part 1, applicant must submit the complete application to the local jurisdiction for zoning and local compliance information. The local official must complete Part 3 and, if relevant, attach a letter of explanation of local code compliance. The local official must sign and date Part 3. This section does not apply to transit signs.

(d) Fee. The fee is based on square footage as described in OAR 734-059-0100. To be complete applicant must submit the correct application fee. The Sign Program does not accept cash, debit or credit cards; checks must be made out to Oregon Department of Transportation.

(e) Written proof of landowner consent. All applications, except transit sign applications, must include written proof that the landowner consents to have applicant maintain the proposed sign. The document must be signed by the landowner and the application filed during the base term of the agreement, or during a renewal term that is automatic or at applicant’s election. If during a renewal period applicant must certify that the renewal was exercised and continues in effect. Examples of acceptable documents are the land lease, land lease plus applicant’s certification as described above, land lease plus owner’s written confirmation that an extension is being exercised, or a current memo signed and dated by land owner stating that applicant has permission to put the sign at the specified location. Payment information need not be included unless it is the evidence that compensation is exchanged making it an outdoor advertising sign.

(f) Business License. The applicant and the sign builder must have a current outdoor advertising sign business license as required under ORS 377.730.

(g) Relocation permit application. For a relocation application, if the zoning was first commercial or industrial after 1/1/1973, or if the local jurisdiction cannot determine the date, the applicant must submit a sketch or other document showing the site is within 750 feet of a commercial or industrial area to comply with ORS 377.767(3).

(h) Pre-existing sign permit application. For an application for a new pre-existing sign under ORS 377.712 the following additional items are required:

(A) Complete the application form “Supplement for Pre-existing Sign Permit” and sign it before a notary public;

(B) Submit documents demonstrating each of your claims, such as a lease showing the sign was posted for compensation; and

(C) Pursuant to ORS 377.712(1), include documentation demonstrating how applicant was ignorant of the permit requirement for outdoor advertising signs as of May 30, 2007.

(5) Digital Billboard applications must also include the following information:

(a) When being reconstructed or relocated for the first time as a digital billboard the applicant must provide the eligible permit(s) or relocation credit(s) being retired pursuant 377.700 to 377.840 and OAR 734-060-0007.

(b) Whether the proposed sign is a “Poster,” “Bulletin,” or other sign as described in OAR 734-060-0007(2).

(c) Emergency malfunction contact information including name, phone number along with proposed response procedure to possible malfunction.

(d) Whether or not a renewable energy resource is available and being utilized. If none, then the applicant must complete the affidavit attesting that no renewable resource is available.

(6) Transit Bench or Shelter Application. A transit shelter or bus bench application must provide documentation demonstrating that the site is at an official bus or transit stop on a city or urban transit system route.

(7) Complete Applications.

(a) The Outdoor Advertising Sign Program’s mailing address is: Oregon Department of Transportation, Right of Way Section – Sign Program, 4040 Fairview Industrial Drive SE, MS #2, Salem OR 97302. The Sign Program receives hand deliveries at 4040 Fairview Industrial Drive SE, Salem Oregon. The Sign Program receives facsimiles at 503-986-3625. The Sign Program receives electronic mail at OutdoorAdvertising@odot.state.or.us.

(b) The Department requires original signatures and original initials to any changes on the application form. Therefore the Department will not accept the application form by electronic transmission (including facsimile). The Department may accept other documents by electronic transmission. The Department will not accept any changes made verbally; all changes must be in writing.

(c) The Department will indicate on each application document the date and time received. Application materials received by mail will be treated as received at the time a representative of the sign program physically receives the program’s mail for that day. Application materials received in person, by fax, or by electronic transmission will be treated as received when a representative of the sign program physically receives those materials.

(d) The Department will only process applications that are complete. An application is complete when the Outdoor Advertising Sign program receives the signed application form including all necessary information, all documents necessary for issuance of a permit, and the correct application fee.

(A) Within 15 calendar days of receiving an application the Department will provide to the applicant written notice whether the application is complete. If the Department determines the application is complete, the notice will state the application’s priority among all pending, complete applications.

(B) If the Department determines any information provided is incorrect, the application is not complete. The Department may rescind a notice of completeness and priority date if it later determines that information provided by applicant is not correct.

(e) If an application is not complete, within 15 calendar days of receiving the application the Department will return the entire application with written instructions on what is needed to complete it. The applicant must initial any subsequent changes and, if the changes are substantive to the local jurisdiction, must obtain a new certification from the local jurisdiction.

(A) If an application form is complete but the application is considered incomplete due to insufficient supporting documents or failure to submit the fee, the Department may return the entire application with written instructions on how to complete it or the Department may hold the application and notify the applicant in writing of what is needed and when it must be provided.

(B) Within 15 days of receiving the corrected form or additional materials the Department will provide the applicant written notification whether the application is complete and, if complete, the priority among all pending, complete applications.

(C) If the applicant makes any change to the application after it is deemed complete, the Department will change the priority date to the date of that change.

(D) If the Department has held an incomplete application for 60 days from the date of initial receipt, the application is deemed withdrawn by the applicant. The Department will return a copy of the application and may refund any eligible deposited fee. The Department will retain the original application for our records.

(8) Processing of complete permit application.

(a) The Department will approve or deny a permit within 60 days of the complete application’s priority date as determined under section (7)(d) or (e) of this rule if the application clearly does not conflict with another complete application.

(b) An application for a permit that conflicts with the location of an expired or canceled permit will not be processed until the time for any hearing or appeal on the latter permit has passed, unless the permit is being canceled as a condition for issuance of the new permit.

(c) When a complete application might conflict with another complete application due to spacing or any other reason, the application with the earliest priority date and time takes precedence over later applications. Subject to all other requirements of the OMIA, the Department will issue the permit to the earlier applicant.

(d) If multiple complete applications have the same priority date and time, and are determined by the Department to compete for the same spot, the Department shall notify the applicants of the circumstances within seven days of the Department’s determination. If an affected applicant requests a contested case hearing, the matter will be determined by a single contested case hearing under Oregon’s Administrative Procedures Act. The Department shall refer the matter to the Office of Administrative Hearings within seven days of an applicant’s written hearing request.

(e) If the Department does not approve or deny a permit application within the time allowed under section (8)(a) of this rule, such actions do not require the Department to issue a permit or require any remedy except as provided otherwise in law.

(9) Field checks; applicant requirements and Department method.

(a) When the Department determines an application is complete, the Department will perform a field check to determine the milepoint and all other information necessary to process the application.

(b) The applicant must place a marking at the site to show the proposed location for the sign permit. The applicant may use a stake, ribbon, paint, or any method or material that will allow the Department to easily locate the site and attribute it to the applicant. If the marked site is other than that represented to the local authority in obtaining its signature on the application form, or is other than where the applicant actually builds the sign, the Department may consider that a violation of ORS 377.725(10).

(c) If the Department can not locate the site it will notify the applicant pursuant to (5)(e) above that the application is incomplete due to incorrect information and may request reasonable action by the applicant to identify the site.

(d) The Department will conduct a field check by traveling to the proposed site and calculating the milepoint to the one-hundredth of a mile or, when necessary, to the one-thousandth of a mile. The Department may also determine the engineering station. The Department may also make any other determination regarding the site that is relevant to the application, such as proximity to the right of way and to a commercial or industrial area. Once a field check has been conducted the application fee is non-refundable.

(e) The Department may use intersections, highway structures, or other highway feature and its corresponding milepoint or engineering station, to measure and calculate the milepoint of the proposed site. Milepost markers are for the convenience of motorists and are not precise indications of the milepoint, therefore the Department will not use milepost markers for these calculations without other indication of accuracy.

(10) Denied Permit Applications. If the Department denies an application, it will consider that site as conflicting with other applications:

(a) Until the time to request a hearing elapses without a hearing request from the applicant; or

(b) If a hearing is requested, until the time to request an appeal on the final order has elapsed or until the final appellate court enters a judgment on the matter, whichever is later.

(c) The Department will keep the original application and any accompanying documents and return a copy after an application is denied.

(11) Issued Permits.

(a) The permit will specify the 180th day by which the sign must be constructed.

(b) Within 190 days of permit issuance, the permittee must notify the Department in writing if the action described in the permit has been completed, and include at least one photograph demonstrating that completion. For a reconstruction permit or a relocation permit based on a relocation credit, the notice must state that the new sign has been constructed. For a direct relocation the notice must state that the new sign has been constructed and the former sign on which the permit was based has been removed. If the Department has not received the notification within 180 days the Department will alert the permittee about the upcoming 190-day deadline. If the permittee fails to submit the written notice and photograph within the time allowed, the Department will cancel the permit to relocate or reconstruct, and the permit will revert to its prior status. No fees will be refunded.

(c) “Constructed” means that the structure and all sign faces are permanently in place and the permit plate is attached. “Removed” means the taking down, removing, or eliminating all sign structure elements that are visible from the state right of way

Stat. Auth.: ORS 184.616, 184.619, 377.715, 377.725
Stats. Implemented: ORS 377.715, 377.725
Hist.: HWD 2-2009, f. 3-20-09, cert. ef. 3-23-09; HWD 9-2011(Temp), f. 8-24-11, cert. ef. 9-29-11 thru 3-26-12; HWD 6-2012, f. & cert. ef. 3-26-12

734-060-0007

Digital Billboard Procedures

(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.

(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.

(3) Qualifications for receiving a digital billboard state sign permit:

(a) The proposed site and digital billboard must meet all requirements of the OMIA including, but not limited to, the following:

(A) the digital billboard is not illuminated by a flashing or varying intensity light.

(B) the display surface of the digital billboard does not create the appearance of movement.

(C) the digital billboard must operate at an intensity level of not more than 0.3 foot-candles over ambient light as measured by the distance to the sign depending upon its size.

(D) The distance measurement for ambient light is: 150 feet if the display surface of the sign is 12 feet by 25 feet, 200 feet if the display surface is 10.5 by 36 feet, and 250 feet if the display surface is 14 by 48 feet.

(b) Applicant must submit a completed application for a digital billboard state sign permit using the approved form that may be obtained by one of the following methods:

(A) Requesting from Sign Program Staff by phone at 503-986-3656;

(B) Email: OutdoorAdvertising@odot.state.or.us;

(C) Website http://www.oregon.gov/ODOT/HWY/SIGNPROGRAM/contact_us.shtml

(c) The Department shall confirm that any existing permitted Outdoor Advertising Sign or relocation credit being retired for the purpose of receiving a new digital billboard state sign permit has been removed within the 180 days allowed to construct the new permitted sign. The Department will not charge a Banking Permit Fee for the cancellation of state sign permits retired for the purpose of receiving a new digital billboard permit.

(4) This section sets forth the criteria for determining the required relocation credits or existing permitted signs that an applicant shall retire to receive one new digital billboard state sign permit:

(a) Applicants who own 10% or less of all active relocation credits at the time the application is submitted shall either remove one existing state permitted outdoor advertising sign with a display area of at least 250 square feet or provide one active relocation credit of at least 250 square feet and retire that permit. Applicants meeting these criteria are not limited to either “Bulletin” or “Poster” billboards.

(b) Applicants who own more than 10% of all active relocations credits shall apply for a new digital billboard state sign permit as follows:

(A) For a digital billboard that is intended to be a bulletin, the applicant has three options:

(i) Remove two existing bulletins, retire the permits for those signs, and retire three relocation credits; or

(ii) Remove one existing bulletin and two existing posters, retire those permits and retire three active relocation credits; or

(iii) Remove four existing posters, retire the permits for those signs, and retire three relocation credits.

(B) For a digital billboard that is intended to be a poster, the applicant has two options:

(i) Remove two existing posters, retire the permits for those signs, and retire three relocation credits;

(ii) Remove one existing bulletin, retire the permit for that sign, and retire three relocation credits.

(c) For an active relocation credit to be eligible it must be at least 250 square feet. All permits and relocation credits submitted under these procedures will be permanently cancelled and are not eligible for renewal.

(d) Any state sign permits submitted for retirement must include the written statement notifying the Department that the “lease has been lost or cancelled.”

(5) The Department will determine the percentage of relocation credits owned by an applicant by dividing the total number of unused relocation credits by the total number of unused relocation credits owned by the applicant on the day the application is received.

(6) Two digital billboard state sign permits are required for any back to back or V-type digital sign. A separate application is required for each digital sign face.

(7) The first time a digital billboard is permitted it is not subject to the 100-mile rule in ORS 377.767(4). The site of the newly permitted billboard will become the established location for future reference.

(8) Relocation of permitted digital billboards. The Department will issue one digital relocation credit for each permitted digital sign that is removed. The digital relocation credit issued will be for the same square footage as the permitted digital sign that was removed. A digital relocation credit can only be used to relocate a digital billboard. A permitted digital sign can only be reconstructed as a digital billboard.

(9) Use of renewable energy resource. The applicant must provide a statement with the application that clarifies what, if any, renewable energy resources are available at the site and are being utilized. If none, then a notarized statement to that effect must be included with the application.

(10) All permitted digital billboards must have the capacity to either freeze in a static position or display a black screen in the event of a malfunction.

(a) The applicant must provide emergency contact information that has the ability and authority to make modifications to the display and lighting levels in the event of emergencies or a malfunction.

(b) The Department will notify the sign owner of a malfunction that has been confirmed by ODOT in the following instances:

(A) The light impairs the vision of a driver of any motor vehicle; or

(B) The message is in violation of ORS 377.710(6) or 377.720(3)(d).

(11) All digital billboard signs must comply with the light intensity and sensor requirements of ORS 377.720(3)(d).

(a) The Department will take measurements of the permitted digital billboard when notified that the sign has been constructed and the permit plate has been installed.

(b) The Department will use an approved luminance meter designed for use in measuring the amount of light emitted from digital billboards using the industry standard for size and distance as follows:

(A) 150 feet for 12’x 25.’

(B) 200 feet for 10.5’x 36’.

(C) 250 feet for 14’x 48.’

Stat. Auth.: ORS 184.616, 184.619, 377.710, 377.729, 377.753
Stats. Implemented: ORS 377.710, 377.720, 377.750, 377.767
Hist.: HWD 9-2011(Temp), f. 8-24-11, cert. ef. 9-29-11 thru 3-26-12; HWD 6-2012, f. & cert. ef. 3-26-12

734-060-0010

Criteria for Issuance of New Permits for Benches Utilized as Outdoor Advertising Signs

(1) New permits may be issued for a bus or transit bench utilized for an outdoor advertising sign (bench signs) and such signs may only be erected after a permit has been obtained from the Department of Transportation. These rules do not authorize the placement of any new bench, only the addition of an outdoor advertising sign to an already existing bench structure.

(a) Bench signs are prohibited where the sign would be visible to:

(A) An interstate highway;

(B) A full control access highway;

(C) Any state highway where the area adjacent to the highway is a designated scenic area under ORS 377.505 to 377.540; or

(D) Any state highway designated as a scenic byway, unless the sign was legally in place before the byway designation.

(b) Size. The maximum allowable size for a bench sign is 16 square feet and the sign shall not exceed two feet in height or eight feet in length excluding supports.

(c) Height. The maximum allowable height is four feet including supports.

(d) Special Requirements:

(A) Bench signs may only be located in a commercial or industrial zone or, if located in unzoned city street right of way, only where such right of way is adjacent to a commercial or industrial zone;

(B) Bench signs may only be located inside incorporated city limits or within an urban growth boundary;

(C) Bench signs may only be located at a bus or transit stop on an official city or urban transit system route. The applicant must provide official documentation, such as a route map produced by the transit system, showing that the site meets this requirement;

(D) Bench signs shall not be located on state highway right of way.

(f) These rules do not apply to any bench sign for which a preexisting outdoor advertising sign permit has already been issued under ORS 377.725.

(2) All signs subject to these regulations are also subject to the provisions of ORS 377.700 to 377.840 and 377.992 and to all applicable federal laws, regulations and agreements entered into by the Transportation Commission and the Federal Highway Administration.

(3) All signs erected under these regulations are also subject to any city or county ordinance or regulation.

(4) All bench signs granted permits under these rules are subject to removal in accordance with ORS 377.775.

Stat. Auth.: ORS 184.616, 184.619, 377.753
Stats. Implemented: ORS 377.753
Hist.: 1 OTC 17-1979(Temp), f. & ef. 7-19-79; 1 OTC 26-1979, f. & ef. 10-30-79; HWY 5-1993(Temp), f. & cert. ef. 7-23-93; HWY 6-1993, f. & cert. ef. 10-21-93; HWD 1-2009, f. & cert. ef. 2-20-09; HWD 6-2012, f. & cert. ef. 3-26-12

734-065-0015

Construction of Shelters

These rules do not grant authority to construct new shelters or maintain existing shelters but pertain solely to the placement of outdoor advertising signs on shelters visible from a state highway.

Stat. Auth.: ORS 184.616, 184.619, 377.729
Stats. Implemented: ORS 377.725
Hist.: 2 HD 19-1981, f. & ef. 11-24-81; HWD 9-2009, f. & cert. ef. 11-17-09; HWD 6-2012, f. & cert. ef. 3-26-12

734-065-0020

Sign Location

(1) Shelter signs are prohibited on state highway right-of-way.

(2) Shelter signs are prohibited where visible from an interstate highway or a full-control access highway.

(3) Shelter signs are prohibited in a designated scenic area. No new shelter signs are allowed in a scenic byway.

(4) The shelter on which a sign is placed must be located within a commercial or industrial zone or, if in unzoned city street right-of-way, only where such right of way is adjacent to a commercial or industrial zone.

(5) Each shelter may have no more than one sign visible from each direction of travel of the highway.

(6) Shelter signs may only be located at a bus or transit stop on an official city or urban transit system route. The applicant must provide official documentation, such as a route map produced by the transit system, showing that the site meets this requirement.

Stat. Auth.: ORS 184.616, 184.619, 377.729
Stats. Implemented: ORS 377.725
Hist.: 2 HD 19-1981, f. & ef. 11-24-81; HWY 5-1993(Temp), f. & cert. ef. 7-23-93; HWY 6-1993, f. & cert. ef. 10-21-93; HWD 9-2009, f. & cert. ef. 11-17-09; HWD 6-2012, f. & cert. ef. 3-26-12

734-065-0025

Size and Construction of Sign

(1) The maximum allowable size of a shelter sign is 24 square feet each side.

(2) The maximum distance between advertising panels placed back-to-back is one foot.

(3) The sign must not extend beyond the outer edges of the shelter.

Stat. Auth.: ORS 184.616, 184.619, 377.729
Stats. Implemented: ORS 377.725
Hist.: 2 HD 19-1981, f. & ef. 11-24-81; HWD 9-2009, f. & cert. ef. 11-17-09; HWD 6-2012, f. & cert. ef. 3-26-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​