Current through Register Vol. 63, No. 3, March 1, 2024
An outdoor advertising sign permit may only be issued to one
'person' as defined in OAR 734-059-0015(4). The Department will deny any permit
application that specifies more than a single person as the sign permit
owner.
(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 a number of different
Outdoor Advertising Sign application forms. The Department may deny a permit
application if the applicant does not use the correct form. These include:
(a) "Outdoor Advertising Sign Permit
Application" for new permits, and relocation or reconstruction, of outdoor
advertising signs that preexisted the law change on May 30, 2007,
(b) "NHS Outdoor Advertising Sign Static
Permit Application" for areas added to the National Highway System (NHS) after
May 30, 2007;
(c) "Outdoor
Advertising Sign Digital Sign Permit Application" for digital permits newly
issued under ORS
377.710,
or relocation and reconstruction of such permitted signs,
(d) "NHS Digital Sign Permit Application" for
signs in areas added to the NHS after May 30, 2007; and,
(e) Application for Transit Bench or Shelter
Sign" for signs on transit benches and shelters.
(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 standard applications for
Outdoor Advertising Sign Permits. To be complete the application must include
the following:
(a) Application form Part 1:
Applicant Information, Sign Specifications. Information must be complete and
accurate and include the name of the applicant and sign builder, purpose of the
application, description, township/range/section/tax lot, highway route number
or name and side of highway where the sign will be located, how site is marked,
name and address of property owner, a detailed drawing, or rendering, showing
the dimensions and orientation of the sign on the site, including accurate
measurement of the distance between the leading edge of the sign (closest to
the right of way of the state highway) and the property line of the private
property where the sign is being located, and the checkbox checked indicating
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 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 2 and, if
relevant, attach a letter of explanation of local code compliance. The local
official must sign and date Part 2.
(c) Application form Part 3: Certification of
Applicant. The application form must be signed and dated by the applicant,
certifying that the information provided by applicant is accurate and has not
been changed after the local government certification (see section (b) above).
If the applicant is a corporation, or other business entity, the individual
signing must have authority to sign for the permit owner.
(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. All checks must
be made out to Oregon Department of Transportation. E-check payments are
accepted for electronically submitted applications, Action Requests, and sign
permit or Business License renewals through the OACS system. E-check payment
requires payment to be made at the time the renewal/application is submitted by
the applicant.
(e) Written proof of
landowner consent. All applications must include written proof that the
landowner consents to have applicant maintain the proposed sign. The document
must be signed by the landowner, or their authorized agent, 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 maintain 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.
It is the responsibility of the Business License holder who erects or maintains
an outdoor advertising sign to ensure that the outdoor advertising sign,
visible to a state highway, is in compliance with the OMIA. Compliance includes
ensuring signs have an active state sign permit prior to placing or maintaining
any message on the sign, and ensuring that the sign stays in compliance during
the time that the licensee operates or maintains the sign. Violations may
result in suspension or revocation of the licensee's business license as
allowed 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 applications
pursuant to ORS
377.712(1).
For outdoor advertising signs that existed legally prior to May 30, 2007, the
following additional items are required for a pre-existing sign permit
application:
(A) Complete the "Supplement for
Pre-existing Sign Permit" portion of the application. The supplement must be
signed 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.
(i) A pre-existing sign permit
application pursuant to ORS
377.712(2),
including NHS Limited Permit applications in OAR 734-060-0120, for outdoor
advertising signs that existed legally prior to October 1, 2012, must include
the following additional items to be complete applications:
(A) A complete "Supplement for Pre-existing
Sign Permit" portion of the application, signed before a notary public;
and
(B) Documentation demonstrating
each of the claims selected on the supplement (i.e. as a copy of a signed,
executed and current lease agreement, showing the sign was posted for
compensation, when posted for compensation is selected).
(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 377.844 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 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 and complies with local
ordinances.
(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) If applicant makes any changes to the
application form after it has been received by the Department, applicant shall
initial the change(s) on the paper application and re-sign the application. If
the application was submitted through the OACS system, applicant shall submit
changes and electronically sign using its logon and password for the OACS
system. Signatures for any changes shall be by an authorized representative of
the permit holder. The Department will not accept any changes to an application
made verbally; all changes must be in writing or through OACS.
(c) The Department will record the date for
each application document 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. Applications or Action Request materials received through OACS will
be treated as received when the permit holder or their authorized
representative selects the "Submit" button in OACS. Payment for the application
or Action Request is required before OACS will allow the application to be
submitted.
(d) The Department will
only process applications that are complete. An application is complete when
the Outdoor Advertising Sign program receives the signed hardcopy application
form, or the electronic application through OACS, including all necessary
information, all required attachments or documents necessary for issuance of a
permit, and the correct application fee.
(A)
Within 15 calendar days of receiving an application the Department will notify
the applicant in writing 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. If the Department will be
denying the application, a Notice of Denial will be issued rather than a notice
that the application is complete.
(B) If the Department determines any
information provided is incorrect or incomplete, the application will be deemed
incomplete. The Department may rescind a notice of completeness and priority
date if it later determines that information provided by applicant is either
incomplete or incorrect.
(e) If an application is incomplete, and is
not being initially denied, within 15 calendar days of receiving the
application the Department will return a copy of the first page of the
application with written instructions on what is needed to complete or correct
the application. The applicant must confirm any subsequent changes, by
initialing changes on hardcopy applications, or by editing the electronic
application in the OACS system, if application is submitted through OACS. If
the changes are substantive, the applicant must obtain a new certification from
the local jurisdiction. The Department will retain the application in an
incomplete status for 60 days. If the application is still incomplete after 60
days, it will be deemed withdrawn by the applicant. Hardcopy applications will
be marked "Withdrawn" and may be retained by the Department. Applications
submitted through OACS that remain incomplete after 60 days will be moved to a
"Withdrawn" status and archived within that system.
(A) If an application form is complete but
the application is considered incomplete due to insufficient supporting
documents or failure to submit the correct fee, the Department may return a
copy of any relevant portion of the 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 to make it complete and the date that
the information must be received by to prevent the application from being
withdrawn under the law.
(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
first page of the application and may refund any eligible deposited fee. The
Department will retain the original application as a record.
(8) Processing of
complete permit application.
(a) The
Department will approve or deny a permit application 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
which corresponds to a detailed drawing, or rendering, showing the dimensions
and orientation of the sign on the site. The drawing or rendering must include
an accurate measurement of the distance between the leading edge of the sign
and the property line adjacent to the right of way of the state highway,
showing that all portions of the sign structure will be completely contained
within the private property of the leaseholder and outside of the right of way
of the state highway. 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 cannot 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.
(12) Sign Removal Notification A written
relocation credit request and the accompanying relocation credit banking fee
must be provided to the Department by the permit holder within 60 days of the
removal of any permitted sign for that sign to be eligible to receive a
relocation credit.
(13)
Notification of Ownership Change It is the responsibility of a Business
Licensee and a Permit Owner to notify the Department of ownership changes, in
writing, within 60 days if a sign permit or relocation credit has been
transferred to a new owner or licensee. Failure to provide written notification
and required transfer fees within 60 days may be considered a violation under
ORS
377.725(2)
and may result in the suspension of associated Business License(s).
Statutory/Other Authority: ORS
184.619,
377.715
& 377.725
Statutes/Other Implemented: ORS
377.710
& 377.712