OAR 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 be approved by the agency with jurisdiction in the area. (2) For use in this rule the following definitions will apply: (a) "Agency" means an incorporated city, county or Native American Indian Tribe. (b) "Banner(s)" includes flags and pennants made of plastic, cloth, or similar material along with the corresponding support system. (c) "Decoration(s)" includes hanging plants and other similar ornamentation along with the corresponding support system. (3) The request for a permit for placement of a banner or decoration: (a) Must be in writing, on official letterhead of the agency with jurisdiction in the area. The agency may submit the request on their own or in cooperation with a sponsoring group or organization; (b) Must be accompanied by a Department of Transportation permit application, Form 734-2576. Such form is available from the District Manager of the Department of Transportation; (c) Must include the proposed location and a description, with a picture or drawing, of the banner(s) or decoration(s); (d) Must be submitted to the appropriate District Manager of the Department of Transportation at least 30 days prior to the desired installation date. In order to facilitate the review, the District Manager may require markings to be placed at the location of the proposed banner or decoration installation; and (e) Must include confirmation that the agency is self-insured. In the event the agency is not self-insured, a certificate of insurance in the amount determined by the District Manager must be provided before work may begin. (4) The banner or decoration must conform to the following guidelines: (a) The banner or decoration must: (A) Be placed within the territorial or zoning jurisdiction of the agency; (B) Be located so that it is not a roadside safety hazard nor restricts sight distance and must conform to all applicable highway clear zone requirements; (C) Have a vertical clearance of at least 18 feet above the roadway or eight feet above a pedestrian walk way, or comply with local ordinance, whichever is greater; and (D) Be made from a durable material, constructed to comply with local building codes or withstand wind pressure of 20 pounds per square foot of exposed surface, whichever is greater. (b) The banner or decoration may contain the official name, logo, and/or slogan of the agency but may not portray a political, religious, commercial or promotional message and may not recognize a person, organization or event. (c) The banner or decoration must not: (A) Interfere with, imitate, or resemble any official traffic control device or attempt or appear to attempt to direct the movement of traffic; (B) Prevent the driver of a motor vehicle from having a clear and unobstructed view of official traffic control devices and approaching or merging traffic; (C) Have any lighting, unless such lighting is shielded to prevent light from being directed at the highway or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of a motor vehicle; (D) Be attached to any official sign, post, signal pole or any other traffic control device or support; (E) Be suspended over or otherwise span the roadway; or (F) Otherwise be a traffic hazard. (5) The number and type of banner or decoration allowed will be at the direct discretion of the District Manager. (6) Upon approval of the request, the District Manager will issue a permit to the agency for placement of a banner or decoration within the state highway right-of-way. The permit may include special provisions for installation or removal of the banner or decoration. No work on highway right of way may begin until the agency has received a valid permit. (7) The following shall be the responsibility of the agency: (a) The manufacture, installation, maintenance, repair or removal of the banner or decoration including placement of supports or permission to use existing utility poles; (b) Relocation or removal of the banner or decoration as a result of highway improvement projects; (c) The provision of traffic control in accordance with the standards adopted under ORS 810.200 by the Oregon Transportation Commission. Should Department of Transportation staff be required to review the traffic control plan, the cost of that review may be billed to the agency; and (d) 48-hour notification to the District representative identified in the permit prior to any work on the state highway right-of-way. (8) A sponsoring group or organization may perform the duties described in section (7) of this rule on behalf of the agency; however, the responsibility for compliance with the terms of the permit and this rule remains with the agency. (9) The permit issued by the District Manager may be cancelled if the agency fails to comply with the provisions of the permit or this rule. The permit may also be cancelled if it is determined that the banner or decoration violates federal or state law. (10) Banners or decorations may be removed by the Department of Transportation, at the expense of the agency, if the banner or decoration is neglected or becomes unsightly or otherwise defeats the purpose of the rule. (11) The following are not eligible for a permit issued pursuant to this rule: (a) Banners or decorations that denote a specific activity or event must meet the requirements of the ODOT Sign Policy 5-8. (b) Permits for the installation or maintenance of landscape areas will be issued as part of the Adopt-A-Landscape program.