377.735 Exemptions
from sign permit requirements; historic signs; rules. (1) The permit requirements of ORS
377.700 to 377.844 do not apply to:
(a) Signs of a
governmental unit, including but not limited to traffic control signs or
devices, legal notices or warnings.
(b) A temporary
sign on private property if:
(A) The sign does
not exceed 12 square feet;
(B) The sign is
not on a permanent base;
(C) The sign does
not remain in place for a period of more than 60 days in a calendar year,
except that a sign erected by a resident on the resident’s residential property
may remain in place for longer than 60 days in a calendar year;
(D) No person
receives compensation or anything of value as defined by the Department of
Transportation by rule for displaying the sign; and
(E) The sign
complies with ORS 377.720.
(2) The
Department of Transportation may adopt rules that, for good cause shown, allow
a person displaying a temporary sign to obtain a variance from the restrictions
in subsection (1)(b) of this section. The department shall not consider the
content of the sign in deciding whether to allow a variance.
(3) The
department shall adopt rules for the approval and preservation of historic
signs. Rules adopted under this subsection may not be based on or allow
consideration of the content of the signs.
(4) The
department shall adopt rules for the erection and maintenance of permanent
signs that do not exceed six square feet and that provide messages for the
safety or convenience of the public.
(5) ORS 377.700
to 377.844 do not apply to a sign erected or maintained within a city more than
660 feet from the nearest edge of the right of way of a state highway, unless
the sign is designed to be viewed primarily from the state highway. [1971 c.770
§14; 1973 c.790 §6; 1975 c.336 §5; 1977 c.265 §3; 1987 c.336 §5; 1993 c.741 §58;
1999 c.877 §7; 2007 c.199 §10]
Notes of Decisions
Outdoor Media Dimensions Inc. v. State, 945 P.2d 614 (Or. Ct. App. 1997).
· cites it 13× “” 2 ORS 377.735 provides exemptions from the permit requirement for 15 particular types of signs, including signs identifying bus stops, city signs showing times and places of church services and civic organization meetings, residential directional signs, official traffic…”
Lombardo v. Warner, 132 P.3d 22 (Or. 2006).
· cites it 19× “First, ORS 377.735(1) contains the standards that govern temporary signs for which no variance is required.”
Van v. Travel Info. Council, 628 P.2d 1217 (Or. Ct. App. 1981).
· cites it 6× “The full text of the exemptions, ORS 377.735(1), is set out in the margin.”
Drayton v. Dep't of Transp., 62 P.3d 430 (Or. Ct. App. 2003).
· cites it 5× “43 Is Exempt Under ORS 377.735 as a “Sign of a Governmental Unit” Petitioner next contends that the department erred in concluding that the sign at milepoint 118.”
Herson v. Driver & Motor Veh. Servs. Branch, 971 P.2d 492 (Or. Ct. App. 1998).
“One of the arguments in petitioners’ third assignment of error 2 claims that, in permitting temporary political signs, but only for candidates and political committees, ORS 377.735(l)(o) violates Article I, section 20, of the Oregon Constitution.”
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).
“ORS 377.735(l)(c). Under the OMIA, therefore, signs that advertise “off-premise” goods and services are subject to permit and fee requirements, while “on-premise” signs are not.”
Drayton v. Dept. of Transp., 464 P.3d 138 (Or. Ct. App. 2020).
“765 (1999); ORS 377.735 (1999). Before 1999, plaintiff erected the disputed sign, which advertises off-premises activities,1 without first obtaining a permit.”
— Or. Rev. Stat. § 377.735(1) — 4 cases
Van v. Travel Info. Council, 628 P.2d 1217 (Or. Ct. App. 1981).
“The full text of the exemptions, ORS 377.735(1), is set out in the margin.”
Lombardo v. Warner, 132 P.3d 22 (Or. 2006).
“First, ORS 377.735(1) contains the standards that govern temporary signs for which no variance is required.”
Drayton v. Dep't of Transp., 62 P.3d 430 (Or. Ct. App. 2003).
“43 Is Exempt Under ORS 377.735 as a “Sign of a Governmental Unit” Petitioner next contends that the department erred in concluding that the sign at milepoint 118.”
— Or. Rev. Stat. § 377.735(1)(c) — 1 case
— Or. Rev. Stat. § 377.735(1)(k) — 1 case
Outdoor Media Dimensions Inc. v. State, 945 P.2d 614 (Or. Ct. App. 1997).
“” 2 ORS 377.735 provides exemptions from the permit requirement for 15 particular types of signs, including signs identifying bus stops, city signs showing times and places of church services and civic organization meetings, residential directional signs, official traffic…”
— Or. Rev. Stat. § 377.735(2) — 2 cases
Lombardo v. Warner, 132 P.3d 22 (Or. 2006).
“First, ORS 377.735(1) contains the standards that govern temporary signs for which no variance is required.”
Van v. Travel Info. Council, 628 P.2d 1217 (Or. Ct. App. 1981).
“The full text of the exemptions, ORS 377.735(1), is set out in the margin.”
— Or. Rev. Stat. § 377.735(3) — 1 case
Van v. Travel Info. Council, 628 P.2d 1217 (Or. Ct. App. 1981).
“The full text of the exemptions, ORS 377.735(1), is set out in the margin.”
— Or. Rev. Stat. § 377.735(l)(a) — 1 case
Drayton v. Dep't of Transp., 62 P.3d 430 (Or. Ct. App. 2003).
“43 Is Exempt Under ORS 377.735 as a “Sign of a Governmental Unit” Petitioner next contends that the department erred in concluding that the sign at milepoint 118.”
— Or. Rev. Stat. § 377.735(l)(b) — 1 case
Lombardo v. Warner, 132 P.3d 22 (Or. 2006).
“First, ORS 377.735(1) contains the standards that govern temporary signs for which no variance is required.”
— Or. Rev. Stat. § 377.735(l)(b)(A) — 1 case
Lombardo v. Warner, 132 P.3d 22 (Or. 2006).
“First, ORS 377.735(1) contains the standards that govern temporary signs for which no variance is required.”
— Or. Rev. Stat. § 377.735(l)(c) — 5 cases
Lombardo v. Warner, 132 P.3d 22 (Or. 2006).
“First, ORS 377.735(1) contains the standards that govern temporary signs for which no variance is required.”
Drayton v. Dep't of Transp., 62 P.3d 430 (Or. Ct. App. 2003).
“43 Is Exempt Under ORS 377.735 as a “Sign of a Governmental Unit” Petitioner next contends that the department erred in concluding that the sign at milepoint 118.”
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).
“ORS 377.735(l)(c). Under the OMIA, therefore, signs that advertise “off-premise” goods and services are subject to permit and fee requirements, while “on-premise” signs are not.”
— Or. Rev. Stat. § 377.735(l)(n) — 1 case
Outdoor Media Dimensions Inc. v. State, 945 P.2d 614 (Or. Ct. App. 1997).
“” 2 ORS 377.735 provides exemptions from the permit requirement for 15 particular types of signs, including signs identifying bus stops, city signs showing times and places of church services and civic organization meetings, residential directional signs, official traffic…”
— Or. Rev. Stat. § 377.735(l)(o) — 2 cases
Outdoor Media Dimensions Inc. v. State, 945 P.2d 614 (Or. Ct. App. 1997).
“” 2 ORS 377.735 provides exemptions from the permit requirement for 15 particular types of signs, including signs identifying bus stops, city signs showing times and places of church services and civic organization meetings, residential directional signs, official traffic…”
Herson v. Driver & Motor Veh. Servs. Branch, 971 P.2d 492 (Or. Ct. App. 1998).
“One of the arguments in petitioners’ third assignment of error 2 claims that, in permitting temporary political signs, but only for candidates and political committees, ORS 377.735(l)(o) violates Article I, section 20, of the Oregon Constitution.”
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