Oregon Administrative Code

734-055-0005 Scope This rule shall apply to and govern the location, installation, construction, maintenance and use of pole lines, buried cables, pipe lines, signs, miscellaneous operations upon State Highway right-of-way and properties under the jurisdiction of the Department o…

734-055-0010 Definition of Terms (1) “AASHTO” means American Association of State Highway and Transportation Officials. Mailing address: AASHTO, Suite 225, 444 North Capitol Street, N.W., Washington D.C., 20001. (2) “Access Control Line” means the control line that is defined som…

734-055-0015 Permit Application Procedure (1) Application for a permit shall be made on the form described in OAR 734-055-0010(19) which may be obtained from the DM office. Applicant shall complete the application and furnish five copies of all necessary attachments. All permit a…

734-055-0020 Allocation of Cost (1) The entire cost of locating, constructing, installing, maintaining, repairing, operating or using the facility; or performing miscellaneous operations and of any other expense whatsoever incident to the facilities or operations authorized by th…

734-055-0025 Liability and Control (1) Applicant shall be responsible and liable for all damage or injury to any person or property resulting from the physical location, installation, construction, maintenance, operation or use of the facility or operation for which applicant has…

734-055-0035 Insurance and Bond (1) When requested in writing by the DM, applicant or its contractor shall obtain and carry, for the period that the facility is being located, installed or constructed or any operation conducted, in order to assume responsibility under OAR 734-055…

734-055-0040 Construction and Location Details (1) Applicant or its contractor shall advise the DM’s office at least 48 hours in advance of commencing construction of a facility for which a permit has been issued. (2) Applicant shall submit with the permit application prints of a…

734-055-0045 Removal, Relocation or Repair (1) The permit is issued pursuant to the law of the State of Oregon which authorizes the Commission to subsequently require applicant to remove, relocate or repair the facility covered by the permit at the sole cost of applicant. (2) Upo…

734-055-0050 Maintenance and Operation (1) Applicant shall at all times keep facilities authorized by the permit in a good state of repair both structurally and, in the case of signs, a clean and neat appearance. (2) In the event applicant plans to raise the operating pressure fo…

734-055-0055 Other Agencies (1) Nothing in this permit is intended to grant rights or imply approval in areas not falling within the authority and jurisdiction of the Oregon Department of Transportation. It is the responsibility of applicant to determine the need for and to obtai…

734-055-0060 Effective Period of Permit (1) Unless otherwise provided in the Special Provision, the permit shall be in effect for an indefinite period of time from and after the date issued, unless sooner revoked by mutual consent, or by the Commission or Engineer for failure of …

734-055-0070 Conformance with Regulations and Industry Codes (1) All work in connection with the facility or operation authorized by the permit shall be done in a neat and workmanlike manner to the satisfaction of the DM, and the details of construction of the same shall conform …

734-055-0080 Freeways (1) All permit applications that request the use of freeway rights-of-way shall reasonably comply with the current AASHTO policy on the Accommodation of Utilities Within the Freeway Right-of-Way. Installations that may be allowed on freeways are generally li…

734-055-0090 Specific Construction Details (1) Corrugated metal pipe and concrete pipe used as a conduit or casing pipe or a gravity flow carrier pipe shall as a minimum conform to requirement of the Department’s current issue of Standard Specifications for Highway Construction. …

734-055-0100 Permit Allowing Open Cut of Road Surface (1) Unless special permission is first obtained from the DM to install by open cut, a pipe line or conduit which crosses under the roadway of the highway, including road or street connections, or road approaches or driveways s…

734-055-0110 Special “X” Permits Utility facilities that originally occupied a portion of the right-of-way in which the owner had a compensable interest or a prior right to occupy said right-of-way, will be issued a permit titled “X” Permit. Applicant will be responsible for furn…

734-056-0010 Purpose OAR 734-056-0010 through 734-056-0050 establish statewide criteria for issuing permits for conducting bicycle races and special events on a state highway right-of-way. Statutory/Other Authority: ORS 184.619, 810.020, 810.030 & 810.090 Statutes/Other Implement…

734-056-0020 Definitions As used in OAR 734-056-0010 through 734-056-0050, the following definitions apply: (1) “Applicant” means the individual or individuals, corporation, company, firm, business, partnership or agency named in and signing the permit and to whom the permit is i…

734-056-0030 Requirements for Permit Application and Issuance (1) No special event shall be held on a highway right-of-way without an approved Bicycle Race Permit or Permit. (2) Application for a Bicycle Race Permit or a Permit for a special event shall be made at least 60 days p…

734-056-0040 Cancellation of a Permit (1) The District Manager may cancel a Bicycle Race Permit or Permit issued a special event for any reason, including, but not limited to, weather conditions, safety considerations, in emergencies (i.e., fire, accidents) or failure of the appl…

734-056-0050 Liability and Control (1) An applicant shall be responsible and liable for all damage or injury to any person or property resulting from the special event for which the permit is issued. The applicant may have to provide satisfactory insurance coverage. The applicant…

734-057-0010 City/County Entrance Program (1) Cities, counties and unincorporated communities as identified in the county comprehensive plan defined in ORS 197.015, are permitted to develop and maintain a landscaped area within the state highway right of way to enhance the aesthe…

734-057-0020 Beautification of Highway Right of Way (1) The purpose of this rule is to allow for the placement of decorations or banners within the state highway right-of-way, except Interstate highways, to enhance the aesthetic value of the highway. The banner or decoration must…

734-058-0010 Purpose OAR 734-058-0010 through 734-058-0080 establish criteria for issuing permits for pedestrian activities, as defined in division 58 rules, on state highway right of way. Statutory/Other Authority: ORS 184.616, 184.619 & 814.070 Statutes/Other Implemented: ORS 8…

734-058-0020 Definitions As used in OAR 734-058-0010 through 734-058-0080, the following definitions apply: (1) “Applicant” means the individual or individuals, corporation, company, firm, business, partnership, organization or agency named in and signing the Permit and to whom t…

734-058-0030 Requirements for Permit Application and Issuance (1) The DM may grant permission for a Pedestrian Activity on a state highway by way of a Permit issued under the authority of Division 58 rules. A Permit is not necessary for pedestrians meeting the requirements for pr…

734-058-0040 Effective Period and Cancellation of Permit (1) The Permit will be in effect for the period of time provided in the Permit. Permits are not transferable and may be cancelled by mutual consent of the parties. The Department may revoke a Permit for non-compliance with …

734-058-0050 Liability and Control (1) An Applicant shall be responsible and liable for all damage or injury to any person or property resulting from the Pedestrian Activity for which the Permit is issued. The Applicant shall indemnify and hold harmless the State of Oregon, the O…

734-058-0060 Insurance The Applicant shall obtain and carry liability and property damage insurance policy or policies providing coverage against claims, demands, suits or actions for property damage, personal injury, or death resulting from any activities of Applicant, its offic…

734-058-0070 Activity Details (1) The Applicant shall advise the DM’s office at least 48 hours in advance of commencing activity for which the Permit has been issued and within 48 hours of completion of the activity. (2) The Applicant shall minimize the amount of debris, refuse a…

734-058-0080 Coordination with Other Agencies Nothing in the Permit is intended to grant rights or imply approval of activity in areas not falling within the authority and jurisdiction of the Department. It is the responsibility of the Applicant to determine the need for and to o…

734-059-0015 Definitions Definitions under this rule are applicable to Oregon Administrative Rule Divisions 59, 60, 63 and 65. (1) The terms “neat,” “clean,” “attractive,” and “good repair” as used in ORS 377.710(17) and 377.720(7) are defined as follows: (a) The terms “neat” and…

734-059-0020 Business Defined (1) As used in OAR chapter 734, division 059, unless the context of the rule requires otherwise, a business means a commercial or industrial enterprise operated with the intent of economic gain. (2) The location of a business includes the main buildi…

734-059-0025 Activity Open to the Public As used in OAR chapter 734, division 059, unless the context of the rule requires otherwise, an activity open to the public means a location, the main purpose of which involves the admission of or providing service to members of the public…

734-059-0030 Compensation Defined (1) As used in OAR chapter 734, division 059, unless the context of the rule requires otherwise, compensation means the exchange of something of value. It includes, without limitation, money, securities, real property interest, personal property …

734-059-0040 Qualifying as a Business or Activity Open to the Public (1) The following are not Businesses or Activities Open to the Public for the purposes of the Outdoor Advertising Sign Program: (a) Outside advertising sign structures; (b) Agricultural, forestry, ranching, graz…

734-059-0050 Signs in Protected Areas (1) As used in OAR chapter 734, division 059, unless the context of the rule requires otherwise, the following definitions apply: (a) “Center line of the highway” means the line equidistant from the edges of the median separating the main-tra…

734-059-0100 Outdoor Advertising Permit and Business License Fees This rule establishes fees for outdoor advertising permits and business licenses as authorized by ORS 377.729 and 377.730. (1) The application fee for a permit for any sign in a year in which the sign is new, is re…

734-059-0200 Civil Penalties for Violation of the Oregon Motorist Information Act (1) This rule establishes the factors for consideration in assessing, reducing, or waiving civil penalties created by ORS 377.992 for violation of ORS 377.700 to 377.844, the Oregon Motorist Informa…

734-059-0220 Aggregation of Small Relocation Credits An outdoor advertising sign relocation credit may only be issued to one ‘person’ as defined in OAR 734-059-0015(4). The Department will deny any requests to issue a relocation credit to more than one person, or to aggregate cre…

734-060-0000 Outdoor Advertising Sign Application Process 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…

734-060-0007 Digital OAS Procedures (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 si…

734-060-0060 Portable Signs on State Highway Right of Way and Repeated Violations of ORS 377.650 Any sign as defined by ORS 377.710, which is portable in nature and which has been deposited, left or displayed on a state highway in violation of 377.650 may be removed and disposed …

734-060-0065 Portable Signs on State Highway Right of Way — Notice to a Portable Sign Owner Notice to a portable sign owner shall include at least the following: (1) Statement that the sign is in violation of ORS 377.650. (2) The approximate location of the sign and a description…

734-060-0070 Portable Signs on State Highway Right of Way — Previous Notice If a previous notice has been given that a portable sign or other personal property violates ORS 377.650, and that sign, (a change of legend or message does not constitute a different sign), or property i…

734-060-0075 Portable Signs on State Highway Right of Way — Removal Provisions Signs subject to OAR 734-027-0005 through 734-027-0050 are subject to the removal provisions of those rules and ORS 377.775. Statutory/Other Authority: ORS 184 & 377 Statutes/Other Implemented: ORS 377…

734-060-0105 Signs of a Governmental Unit (1) In order to qualify for a permit exemption under ORS 377.735(1)(a) as a sign of a governmental unit the following criteria must be satisfied: (a) The sign must be within the territorial or zoning jurisdiction of the governmental unit;…

734-060-0110 Method of Spacing Measurement This rule establishes the method of measuring distance under ORS 377.750 between two outdoor advertising signs (signs), between a sign and an interchange, and between a sign and a Purchase Site. Measurement should include all elements of…

734-060-0120 NHS Limited Permits Under ORS 377.712(2) Where roadways, or sections of roadways, are added to the National Highway System (NHS) after May 30, 2007, legally located, pre-existing signs may qualify for a permit issued under ORS 377.712(2) as a limited permit. Limited …

734-060-0175 Temporary Signs (1) This rule is enacted pursuant to ORS 377.735 regarding the permit exemption for temporary signs and in furtherance of the Oregon Motorist Information Act (OMIA, 377.700 through 377. 844 and 377.992). All temporary signs must comply with the provis…