Oregon Statutes 366.159 – Vegetation control permit; fee
(1) The Department of Transportation may issue a vegetation control permit to a person who holds a sign permit issued pursuant to ORS § 377.700 to 377.844. A vegetation control permit authorizes the holder of the permit to control vegetation in the right of way of a state highway, in accordance with the provisions of this section, in order to keep the sign visible to the traveling public.
Terms Used In Oregon Statutes 366.159
- Department: means the Department of Transportation. See Oregon Statutes 366.005
- Highway: means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right. See Oregon Statutes 366.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- State highway: means any road or highway designated as such by law or by the Oregon Transportation Commission pursuant to law and includes both primary and secondary state highways. See Oregon Statutes 366.005
- Violate: includes failure to comply. See Oregon Statutes 174.100
(2) The department may not issue a vegetation control permit for a scenic area as defined in ORS § 377.505.
(3) The department may not issue a vegetation control permit for the right of way of a portion of state highway that is access controlled, or for which access rights have not accrued to the abutting property unless:
(a) Access to the right of way is from the abutting property; and
(b) The access does not breach, violate, destroy or otherwise diminish the effectiveness or purpose of fences or other physical barriers to the right of way.
(4) The department may charge a fee to the person issued a vegetation control permit under this section. The amount of the fee shall be determined by the department and shall be designed to recover the cost to the department of issuing the permit. [2001 c.508 § 7]
[Amended by 1967 c.454 § 34; 1971 c.598 § 5; 1973 c.249 § 33; 1979 c.186 § 11; repealed by 1989 c.345 § 7; 1991 c.486 § 2]