Current through Register Vol. 63, No. 3, March 1, 2024
(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
to become a relocation permit or credit for use.
(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 503-986-3650;
(B) Email:
OutdoorAdvertising@odot.state.or.us;
(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