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Oregon Revised Statutes

Or. Rev. Stat. § 377.725 (2026)

Permit; application; fee; cancellation; rules

✓ current as of May 2026
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      377.725 Permit; application; fee; cancellation; rules. (1) A person may not erect, control, relocate or reconstruct an outdoor advertising sign unless the Department of Transportation has issued a permit for the erection, control, relocation or reconstruction of the sign.

      (2) A person who applies for a permit to the Director of Transportation shall complete forms furnished by the director. The permit application shall include a precise description of the outdoor advertising sign and such other information as the director considers necessary or desirable to determine compliance with ORS 377.700 to 377.844, except that any requirement for landowner consent for the property on which the sign is or will be located is satisfied:

      (a) By any lease, easement or other document, which evidences consent and is signed by the current landowner or their authorized agent; or

      (b) By any lease, easement or other document, which evidences consent and is signed by any prior landowner or their authorized agent, if the lease, easement or other document is binding on successors or assigns.

      (3) The director shall issue a permit for an outdoor advertising sign that complies with ORS 377.700 to 377.844. A valid permit may be transferred to another person upon written notice to the director.

      (4) A permit may not be issued for an outdoor advertising sign located adjacent to an interstate highway or freeway unless the director determines that access to the outdoor advertising sign from the interstate highway or freeway can be obtained without violating the access control line of the interstate highway or freeway.

      (5) If an application for a permit to relocate or reconstruct an outdoor advertising sign is for a location identified in the current Statewide Transportation Improvement Program, the department shall require the applicant to execute an affidavit acknowledging the project and forgoing any claim for compensation under ORS 377.713.

      (6) A permit shall be renewed annually on the first day of January. Application for renewal of a permit shall be filed prior to expiration of the term of the permit. If application for renewal of a permit is filed within 30 days after the expiration of the term, the permit shall be granted if any additional fee specified by the department in rules adopted under ORS 377.729 is paid at the time the application is filed. Any permit not renewed in accordance with this section shall be canceled.

      (7) Permit fees for purposes of this section are as established by the department by rule under ORS 377.729.

      (8) A permit shall be issued for one year. The applicable fee shall accompany the permit application. A fee may not be prorated for a fraction of a year or be refunded if the outdoor advertising sign is removed.

      (9) The display surface of an outdoor advertising sign may be changed or cutouts may be attached or removed within the sign area without obtaining a permit. However, a permit shall be obtained if the outdoor advertising sign is reconstructed.

      (10) A reconstruction permit may be issued for the addition of another display surface on the opposite side of an existing, conforming outdoor advertising sign under permit, that is no larger than the existing display surface.

      (11) The director shall require removal of a sign or shall cancel a permit and require removal of an outdoor advertising sign as provided by ORS 377.775 if the director finds a sign or an outdoor advertising sign has been erected, maintained or serviced from the highway right of way at any portion of the right of way where the department has acquired rights of access to the highway or rights of access have not accrued to the abutting property. If there is no permit for the outdoor advertising sign, then the director shall require removal of the outdoor advertising sign. In addition, the department may recover from the owner of the sign or outdoor advertising sign or from the person erecting, maintaining or servicing the sign or outdoor advertising sign, the amount of damage to landscaping, sod, fencing, ditches or other highway appurtenances resulting from such acts. If a permit is canceled under this subsection, an outdoor advertising sign may not be relocated under ORS 377.767.

      (12)(a) The director may cancel a permit, unless a corrected application is filed or the outdoor advertising sign is brought into compliance within 30 days after written notice thereof is mailed to the permittee, if the director finds:

      (A) The applicant has knowingly supplied materially false or misleading information in the application for a permit or renewal thereof; or

      (B) The outdoor advertising sign covered by the permit violates ORS 377.700 to 377.844.

      (b) If a permit is canceled under this subsection, an outdoor advertising sign may not be relocated under ORS 377.767, and the holder of the permit is not entitled to a relocation credit.

      (13) The director shall cancel a permit immediately upon failure of a permittee to erect or maintain the outdoor advertising sign as described by the permit application and to attach a permit plate to the outdoor advertising sign 180 days after the date of issuance of the permit.

      (14) The director shall assign a permit plate with an identification number to the permit issued for an outdoor advertising sign. The permittee shall attach the permit plate to the outdoor advertising sign so the plate is visible from the adjacent state highway. The absence of a permit plate or failure to renew the permit annually is prima facie evidence that the outdoor advertising sign does not comply with ORS 377.700 to 377.844.

      (15) Except as otherwise provided in ORS 377.712, 377.753 and 377.765, no permits shall be issued for the erection of any new outdoor advertising sign after May 30, 2007.

      (16) The director may establish more than one class or type of outdoor advertising sign permit as necessary or desirable to carry out ORS 377.700 to 377.844.

      (17) Any hearing under this section shall be conducted as a contested case hearing under ORS chapter 183. [1971 c.770 §23; 1973 c.790 §4; 1974 c.33 §3; 1975 c.336 §4; 1977 c.265 §2; 1985 c.553 §1; 1993 c.376 §2; 1993 c.741 §56; 1999 c.877 §5; 2001 c.750 §5; 2003 c.126 §1; 2007 c.199 §9; 2009 c.463 §6; 2018 c.93 §47; 2025 c.69 §2]

 

      377.726 [1977 c.265 §8; 1979 c.146 §3; 1981 c.308 §2; 1999 c.877 §6; 2001 c.750 §6; repealed by 2007 c.199 §28]

 

      377.727 [1974 c.33 §8; 1999 c.663 §1; 2007 c.71 §100; repealed by 2007 c.199 §28]

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1975–2023 · leading case: Outdoor Media Dimensions Inc. v. State, 20 P.3d 180 (Or. 2001).
Sort: Relevance Newest Treatment
Outdoor Media Dimensions Inc. v. State, 20 P.3d 180 (Or. 2001). · cites it 5× “2 As relevant to this case, the OMIA prohibits all but certain pre-existing “outdoor advertising signs,” ORS 377.725, and restricts the placement of those signs, id.”
Outdoor Media Dimensions, Inc. v. Dep't of Transp., 132 P.3d 5 (Or. 2006). · cites it 12× “735(1)(c), or by striking the permit requirement itself, ORS 377.725(1), as it applies to outdoor advertising signs (off-premises signs).”
Outdoor Media Dimensions Inc. v. State, 945 P.2d 614 (Or. Ct. App. 1997). · cites it 8× “Compliance means obtaining a permit, ORS 377.725, and removal of the “sign” means removal of the “structure.”
Van v. Travel Info. Council, 628 P.2d 1217 (Or. Ct. App. 1981). · cites it 3× “ORS 377.725(1). An annual fee, dependent upon the size of the sign, must accompany each application for a permit.”
Outdoor Media Dimensions, Inc. v. Driver & Motor Veh. Servs. Branch, 56 P.3d 935 (Or. Ct. App. 2002). · cites it 2× “The issue about which I am concerned is whether the Oregon Motorist Information Act (Act) violates the free expression guarantee of Article I, section 8, of the Oregon Constitution. In particular, I am concerned with the portion of the Act that distinguishes between signs that…”
Proj. Veritas v. Michael Schmidt, 72 F.4th 1043 (9th Cir. 2023). “See Or. Rev. Stat. §§ 377.725 , 377.735 (1971).”
Clear Channel Outdoor, Inc. v. City of Portland, 262 P.3d 782 (Or. Ct. App. 2011). · cites it 2× “705 that the purposes of the OMIA include ‘promoting] public safety,’ ‘preserving] the natural beauty and aesthetic features’ of state highways, and ‘prohibiting] the indiscriminate use of * * * outdoor advertising.”
Media Art Co. v. City of Gates, 974 P.2d 249 (Or. Ct. App. 1999). “[ 2 ] Pursuant to ORS 377.725, ODOT requires parties seeking to construct a billboard along state highways to submit to ODOT a permit application titled ‘Off-Premises Outdoor *339 Advertising Sign.”
Drayton v. Dep't of Transp., 149 P.3d 331 (Or. Ct. App. 2006). “The court further concluded that the appropriate remedy in light of that constitutional infirmity was to strike from the OMIA the permit and fee requirements for outdoor advertising signs, ORS 377.725(1). The court then vacated our decision in this case and remanded it to us for…”
Drayton v. Dept. of Transp., 464 P.3d 138 (Or. Ct. App. 2020). · cites it 3× “See ORS 377.725(10) (“The director [of ODOT] shall require removal of a sign * * * if the director finds a sign has been erected, maintained or serviced from the highway right of way.”
Hoffman v. High. Div. of Dept. of Transp., 543 P.2d 50 (Or. Ct. App. 1975). · cites it 2× “The basis for the order was that (1) petitioner’s sign was an “outdoor advertising sign”; (2) such signs require permits per ORS 377.725(1); ② (3) peti *499 tioner liad not obtained a permit; and, therefore, (4) the sign was subject to removal under OES 377.”
— Or. Rev. Stat. § 377.725(1) — 5 cases
Outdoor Media Dimensions, Inc. v. Dep't of Transp., 132 P.3d 5 (Or. 2006). “735(1)(c), or by striking the permit requirement itself, ORS 377.725(1), as it applies to outdoor advertising signs (off-premises signs).”
Van v. Travel Info. Council, 628 P.2d 1217 (Or. Ct. App. 1981). “ORS 377.725(1). An annual fee, dependent upon the size of the sign, must accompany each application for a permit.”
Clear Channel Outdoor, Inc. v. City of Portland, 262 P.3d 782 (Or. Ct. App. 2011). “705 that the purposes of the OMIA include ‘promoting] public safety,’ ‘preserving] the natural beauty and aesthetic features’ of state highways, and ‘prohibiting] the indiscriminate use of * * * outdoor advertising.”
Drayton v. Dep't of Transp., 149 P.3d 331 (Or. Ct. App. 2006). “The court further concluded that the appropriate remedy in light of that constitutional infirmity was to strike from the OMIA the permit and fee requirements for outdoor advertising signs, ORS 377.725(1). The court then vacated our decision in this case and remanded it to us for…”
Hoffman v. High. Div. of Dept. of Transp., 543 P.2d 50 (Or. Ct. App. 1975). “The basis for the order was that (1) petitioner’s sign was an “outdoor advertising sign”; (2) such signs require permits per ORS 377.725(1); ② (3) peti *499 tioner liad not obtained a permit; and, therefore, (4) the sign was subject to removal under OES 377.”
— Or. Rev. Stat. § 377.725(10) — 1 case
Drayton v. Dept. of Transp., 464 P.3d 138 (Or. Ct. App. 2020). “See ORS 377.725(10) (“The director [of ODOT] shall require removal of a sign * * * if the director finds a sign has been erected, maintained or serviced from the highway right of way.”
— Or. Rev. Stat. § 377.725(14) — 1 case
Outdoor Media Dimensions Inc. v. State, 945 P.2d 614 (Or. Ct. App. 1997). “Compliance means obtaining a permit, ORS 377.725, and removal of the “sign” means removal of the “structure.”
— Or. Rev. Stat. § 377.725(2) — 3 cases
Outdoor Media Dimensions Inc. v. State, 20 P.3d 180 (Or. 2001). “2 As relevant to this case, the OMIA prohibits all but certain pre-existing “outdoor advertising signs,” ORS 377.725, and restricts the placement of those signs, id.”
Outdoor Media Dimensions, Inc. v. Dep't of Transp., 132 P.3d 5 (Or. 2006). “735(1)(c), or by striking the permit requirement itself, ORS 377.725(1), as it applies to outdoor advertising signs (off-premises signs).”
Outdoor Media Dimensions Inc. v. State, 945 P.2d 614 (Or. Ct. App. 1997). “Compliance means obtaining a permit, ORS 377.725, and removal of the “sign” means removal of the “structure.”
— Or. Rev. Stat. § 377.725(4) — 1 case
Van v. Travel Info. Council, 628 P.2d 1217 (Or. Ct. App. 1981). “ORS 377.725(1). An annual fee, dependent upon the size of the sign, must accompany each application for a permit.”
— Or. Rev. Stat. § 377.725(5) — 2 cases
Van v. Travel Info. Council, 628 P.2d 1217 (Or. Ct. App. 1981). “ORS 377.725(1). An annual fee, dependent upon the size of the sign, must accompany each application for a permit.”
Drayton v. Dept. of Transp., 464 P.3d 138 (Or. Ct. App. 2020). “See ORS 377.725(10) (“The director [of ODOT] shall require removal of a sign * * * if the director finds a sign has been erected, maintained or serviced from the highway right of way.”
— Or. Rev. Stat. § 377.725(8) — 1 case
Outdoor Media Dimensions, Inc. v. Dep't of Transp., 132 P.3d 5 (Or. 2006). “735(1)(c), or by striking the permit requirement itself, ORS 377.725(1), as it applies to outdoor advertising signs (off-premises signs).”
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