Oregon Revised Statutes

Or. Rev. Stat. § 377.765 (2026)

Status of previously existing signs; removal upon payment of compensation

✓ current as of May 2026

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377.765 Status of previously existing signs; removal upon payment of compensation. (1) Outdoor advertising signs in existence on May 30, 2007, and lawfully located within commercial or industrial zones in existence on May 30, 2007, and outdoor advertising signs visible from a road or street that is designated as a state highway after May 30, 2007, and lawfully located within a commercial or industrial zone at the time the road or street is designated as a state highway, may remain. Subject to the provisions of ORS 377.700 to 377.844, such signs may be maintained, reconstructed and relocated. However, such signs may not be relocated unless a relocation permit has been issued pursuant to ORS 377.767. A permit may not be issued to relocate an outdoor advertising sign that was not lawfully in existence on May 30, 2007, except that outdoor advertising signs that are visible from a road or street that is designated as a state highway after May 30, 2007, and that are lawfully located within a commercial or industrial zone at the time the road or street is designated as a state highway, may be relocated within the same section of highway.

(2) All outdoor advertising signs that are lawfully located outside of a commercial or industrial zone and visible from an interstate highway or a primary highway shall be removed upon payment of just compensation as provided by ORS 377.780.

(3) Upon payment of just compensation, the Department of Transportation may remove any lawful outdoor advertising sign located in a scenic area designated pursuant to ORS 377.505 to 377.540.

(4) Outdoor advertising signs in existence on May 30, 2007, that are lawfully located outside of a commercial or industrial zone in existence on July 1, 1971, and visible from a secondary highway and not within a scenic area existing on July 1, 1971, or thereafter designated a scenic area may be removed only upon payment of just compensation as provided in ORS 377.780. Upon payment of just compensation, the department may remove the outdoor advertising sign. It may not be reconstructed or replaced if destroyed by natural causes and may not be relocated.

(5) If a secondary highway existing on July 2, 1971, is subsequently designated as an interstate or primary highway, upon payment of just compensation, the department may remove outdoor advertising signs not conforming to the provisions of ORS 377.700 to 377.844.

(6) If any other highway is designated as an interstate or primary highway, upon payment of just compensation, the department may remove a nonconforming outdoor advertising sign lawful before such designation but nonconforming thereafter.

(7) Upon the construction or designation of a secondary highway, after July 2, 1971, an outdoor advertising sign lawfully in existence and not regulated under ORS 377.700 to 377.844 prior to such construction or designation is subject to subsection (4) of this section. [1971 c.770 §18; 1973 c.28 §1; 1973 c.790 §11; 1975 c.336 §7; 1993 c.376 §3; 2007 c.199 §13; 2009 c.463 §7]

377.766 [2007 c.199 §4; repealed by 2009 c.463 §13]

Notes of Decisions

Cited in 5 cases, 1997–2020 · leading case: Outdoor Media Dimensions Inc. v. State, 945 P.2d 614 (Or. Ct. App. 1997).

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Outdoor Media Dimensions Inc. v. State, 945 P.2d 614 (Or. Ct. App. 1997). · cites it 7× “Plaintiff next asserts a denial of due process under the OMIA’s provisions governing relocation permits and the transfer of existing permits.”

Outdoor Media Dimensions Inc. v. State, 20 P.3d 180 (Or. 2001). “; ORS 377.765(1). An “[o]utdoor advertising sign” is one that advertises: (1) “[gjoods, products or services which are not sold, manufactured or distributed on or from the premises on which the sign is located,” ORS 377.”

Outdoor Media Dimensions, Inc. v. Dep't of Transp., 132 P.3d 5 (Or. 2006). · cites it 2× “750, and provides that those signs may not exceed a length of 48 feet and a height, excluding foundation and supports, of 14 feet. ORS 377.745(1).”

Drayton v. Dep't of Transp., 62 P.3d 430 (Or. Ct. App. 2003). · cites it 5× “The department responds that, while a sign certainly existed before June 12, 1975, it was not an “outdoor advertising sign,” and, therefore, was not subject to the statutory exemption found in ORS 377.765. We agree with the department.”

Drayton v. Dept. of Transp., 464 P.3d 138 (Or. Ct. App. 2020). · cites it 2× “ORS 377.765 (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. § 377.765(1) — 4 cases

Outdoor Media Dimensions, Inc. v. Dep't of Transp., 132 P.3d 5 (Or. 2006). “750, and provides that those signs may not exceed a length of 48 feet and a height, excluding foundation and supports, of 14 feet. ORS 377.745(1).”

Drayton v. Dep't of Transp., 62 P.3d 430 (Or. Ct. App. 2003). “The department responds that, while a sign certainly existed before June 12, 1975, it was not an “outdoor advertising sign,” and, therefore, was not subject to the statutory exemption found in ORS 377.765. We agree with the department.”

Outdoor Media Dimensions Inc. v. State, 945 P.2d 614 (Or. Ct. App. 1997). “Plaintiff next asserts a denial of due process under the OMIA’s provisions governing relocation permits and the transfer of existing permits.”

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