Or. Admin. Code § 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 credits that belong to more than one person.

(1) Upon request from the sign permit owner, or their authorized representative, the Department shall issue a relocation credit for the total square footage of the single, largest sign face of one side of an outdoor advertising sign.

(2) As provided in ORS 377.763 the owner of relocation credits may apply to combine (aggregate) them into a single credit. This rule establishes the criteria for aggregation, the procedure to request aggregation, and the procedure the Department will follow to process those requests.

(3) To qualify for aggregation:

(a) Each relocation credit must be recognized as valid under ORS 377.766. This includes verification by the Department that the sign and structure were removed.

(b) Each relocation credit must be 249 square feet in size or less.

(c) If the Department is aware of any dispute about the ownership or right to utilize the credit it may not be aggregated until the issue has been resolved.

(4) Application for Aggregation of Relocation Credits

(a) To aggregate relocation credits, the owner of a relocation credits must submit a written request to the Department of Transportation Outdoor Advertising Sign office; or an Action Request through the Outdoor Advertising Control System (OACS). The written request must be dated and must bear the original signature of the owner or owner's authorized representative. The OACS Action Request must be submitted through the OACS Relocation Credits module, by the owner, or their authorized representative.

(b) The request must include the relocation credit numbers sought to be aggregated, and the area (described in square feet) the owner calculates for the anticipated single credit.

(5) Department Processing of Action Requests for Aggregation of Relocation Credits;

(a) The Department will determine whether each relocation credit qualifies for aggregation. If any do not, the Department will advise owner and attempt to reach agreement on the qualification under law. If an agreement is not reached the Department will reject the request to aggregate.

(b) If each relocation credit qualifies for aggregation, the Department will determine whether the area of the anticipated credit calculated by the owner is the same as the area calculated by the Department, and whether it is within the statutory maximum for size. If the anticipated sizes are not the same, or if the projected size exceeds the statutory maximum, the Department will advise applicant and attempt to reach agreement on the correct size under the law. If an agreement is not reached the Department will reject the request to aggregate.

(c) If each relocation credit qualifies for aggregation and no issue exists as to the size of the anticipated credit, the Department will notify the owner in writing of the cancellation of the smaller credits and the creation of the single larger credit.

Notes

Or. Admin. Code § 734-059-0220

HWD 11-2010, f. & cert. ef. 9-27-10; HWD 11-2014, f. & cert. ef. 12/19/2014; HWD 2-2021, amend filed 03/12/2021, effective 3/12/2021

Statutory/Other Authority: ORS 184.619, 377.763, 377.759 & 377.992

Statutes/Other Implemented: ORS 377.759 & 377.763