ORS § 377.750 — OR Code / Title 31 / Chapter 377 / Section 377.750
377.750 Spacing between signs
Status: in_force

(1) For the purpose of applying the spacing provided by subsection (2) of this section:

(a) Distances shall be measured lineally along the highway and parallel to the center line of the highway.

(b) A back-to-back sign, digital billboard, double-faced sign, V-type sign or tri-vision sign shall be considered one sign.

(c) Distance from an interchange shall be measured from a point departing from or entering onto the main traveled way.

(2) Except as provided in subsection (3) of this section, minimum spacing between outdoor advertising signs shall be:

Minimum space

between signs Minimum

on same side space from

Type of highway of highway interchange

where erected(in feet)(in feet)

Interstate Highway

Inside cities 500 None

Outside cities 2,000 500

Freeway

Inside cities 500 None

Outside cities 1,000 500

Other state highway

Inside cities 100 None

Outside cities 500 None

(3) A nonconforming outdoor advertising sign in existence on May 30, 2007, may continue to deviate from the spacing limitations established in this section until the sign is reconstructed or relocated, at which time the sign shall comply with the spacing limitations established in this section. [1971 c.770 §21; 1973 c.790 §8; 1997 c.249 §120; 1999 c.877 §9; 2007 c.199 §12; 2011 c.562 §3]

Source: Section 377.750 — Spacing between signs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors377.­html (accessed May 26, 2025).
ORS § 376.765 — OR Code / Title 31 / Chapter 376 / Section 376.765
376.765 Changing boundaries when assessments to be levied under ORS 376.735
Status: in_force

(1) If assessments are to be levied as contemplated by ORS 376.735 (Contents of resolution when landowners to be paid for damages by assessments on benefited property) , then at the hearing the legislative body may change the boundaries of the proposed district by adding thereto land which in its opinion will be benefited by the establishment of the pedestrian mall or by excluding from the district lands which in its opinion will not be so benefited. If the legislative body proposes any such change it shall take proceedings as required by this section and shall continue the hearing to the time fixed for hearing objections to the proposed change.

(2) No such change shall be made except after notice of intention to do so, given by at least one insertion in the newspaper in which the resolution of intention was published, describing the proposed change and specifying the time for hearing objections, which shall not be less than 30 days after publication of the notice. If the change proposed is one to include additional land in the district, a copy of such notice shall be mailed to each person to whom land proposed to be added is assessed as shown on the last equalized assessment roll, at the address of the person as shown on such roll, and to any person, whether owner in fee or having a lien upon, or legal or equitable interest in, any such lands whose name and address and a designation of the land in which the person is interested is on file in the office of the county clerk. Such notice shall be mailed at least 25 days prior to the time set for hearing objections.

(3) Written objection to any proposed changes may be filed with the city recorder at any time up to the hour fixed for hearing objections to such changes. [1961 c.666 §18]

Source: Section 376.765 — Changing boundaries when assessments to be levied under ORS 376.735; notice; objections , https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html (accessed May 26, 2025).
ORS § 390.940 — OR Code / Title 31 / Chapter 390 / Section 390.940
390.940 Relationship to other laws
Status: in_force

The State Parks and Recreation Department and state and local managing agencies shall manage the Deschutes River Scenic Waterway Recreation Area according to the provisions of ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) and 390.930 (Definitions for ORS 390.930 to 390.940) to 390.940 (Relationship to other laws) and rules adopted under ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) and 390.930 (Definitions for ORS 390.930 to 390.940) to 390.940 (Relationship to other laws) . Federal and tribal managing agencies with jurisdiction over their respective lands and waters shall be encouraged to manage their lands and waters in a manner consistent with the provisions of ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) and 390.930 (Definitions for ORS 390.930 to 390.940) to 390.940 (Relationship to other laws) . [1987 c.624 §§5,21]

Source: Section 390.940 — Relationship to other laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html (accessed May 26, 2025).
ORS § 390.237 — OR Code / Title 31 / Chapter 390 / Section 390.237
390.237 Removal without permit
Status: in_force

In addition to the provisions of ORS 273.241 (Action to recover damages for unlawful removal of material) , if any individual or institution excavates or removes from the land designated in ORS 390.235 (Permits and conditions for excavation or removal of archaeological or historical material) any materials of archaeological, historical, prehistorical or anthropological nature without obtaining the permit required in ORS 390.235 (Permits and conditions for excavation or removal of archaeological or historical material) , all materials and collections removed from such lands, with the exception of native Indian human remains, funerary goods, sacred objects and objects of cultural patrimony, which shall go directly to the appropriate Indian tribe, are under the stewardship of the State of Oregon and shall be assigned to the Oregon State Museum of Anthropology with the expressed approval of the appropriate Indian tribe. [Formerly 273.711; 1993 c.459 §13; 1995 c.543 §10]

Source: Section 390.237 — Removal without permit; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html (accessed May 26, 2025).
ORS § 383.075 — OR Code / Title 31 / Chapter 383 / Section 383.075
383.075 Driver records and information used to collect and enforce tolls
Status: in_force

(1) Except as provided in subsections (2) and (3) of this section, records and information used to collect and enforce tolls are exempt from disclosure under public records law and are to be used solely for toll collection.

(2) Information collected or maintained by an electronic toll collection system may not be disclosed to anyone except:

(a) The owner of an account that is charged for the use of a tollway;

(b) A collection agency, as defined in ORS 697.005 (Definitions for ORS 697.005 to 697.095) , a payment processor as defined by the Department of Transportation by rule, an agency, as defined in ORS 183.310 (Definitions for chapter) , or a financial institution, as necessary to collect tolls owed;

(c) Employees of the department;

(d) The tollway operator and authorized employees of the operator;

(e) A law enforcement officer who is acting in the officer’s official capacity in connection with toll enforcement;

(f) An administrative law judge or court in an action or proceeding in relation to unpaid tolls or administrative fees or civil penalties related to unpaid tolls; and

(g) As requested for use in any civil, criminal or other legal proceeding or investigation that relates to the use of a tollway.

(3) Information collected or maintained by a photo enforcement system may not be disclosed to anyone except:

(a) The registered owner of the vehicle;

(b) Employees of the department;

(c) The tollway operator and authorized employees of the operator;

(d) A law enforcement officer who is acting in the officer’s official capacity in connection with toll enforcement; and

(e) An administrative law judge or court in an action or proceeding in relation to unpaid tolls or administrative fees or civil penalties related to unpaid tolls.

(4) The department may charge a reasonable fee under ORS 192.324 (Copies or inspection of public records) for providing information under this section.

(5) The department may adopt rules specifying conditions that must be met by a person or unit of government requesting information under this section. Conditions may include but are not limited to:

(a) Providing reasonable assurance of the identity of the requester;

(b) Providing reasonable assurance of the uses to which the information will be put, if applicable;

(c) Showing that the person whose information is to be disclosed has given permission for the disclosure, if permission is required; and

(d) Submitting a written request for the information in a form prescribed by the department. [2007 c.531 §11; 2021 c.630 §144]

Source: Section 383.075 — Driver records and information used to collect and enforce tolls; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors383.­html (accessed May 26, 2025).
ORS § 368.326 — OR Code / Title 31 / Chapter 368 / Section 368.326
368.326 Purpose of vacation procedures
Status: in_force

ORS 368.326 (Purpose of vacation procedures) to 368.366 (Vesting of vacated property) establish vacation procedures by which a county governing body may vacate a subdivision, part of a subdivision, a public road, a trail, a public easement, public square or any other public property or public interest in property under the jurisdiction of the county governing body. The vacation procedures under ORS 368.326 (Purpose of vacation procedures) to 368.366 (Vesting of vacated property) :

(1) Shall not be used by the county governing body to vacate property or an interest in property that is within a city.

(2) Are an alternative method to the method established under ORS chapter 92 for the vacation of a subdivision. [1981 c.153 §34]

Source: Section 368.326 — Purpose of vacation procedures; limitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors368.­html (accessed May 26, 2025).
ORS § 390.295 — OR Code / Title 31 / Chapter 390 / Section 390.295
390.295 Jurisdiction of State Forestry Department and State Parks and Recreation Department
Status: in_force

The State Forestry Department shall retain primary responsibility for management of the Tillamook State Forest, provided, however, that the State Parks and Recreation Department is responsible for management of developed recreation facilities as identified in the recreation plan. [1991 c.889 §3]

Note: 390.295 (Jurisdiction of State Forestry Department and State Parks and Recreation Department) and 390.300 (Tillamook Forest Recreation Trust Account) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 390.295 — Jurisdiction of State Forestry Department and State Parks and Recreation Department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html (accessed May 26, 2025).
ORS § 377.820 — OR Code / Title 31 / Chapter 377 / Section 377.820
377.820 Application for tourist or motorist informational sign permit
Status: in_force

(1) An application for a tourist oriented directional sign, logo sign or a motorist informational sign permit shall be submitted to the Travel Information Council on a form prescribed by the council. The application shall set forth the name and address of the applicant; the name, nature and location of the business or activity; the location where a tourist oriented directional sign, logo sign or a motorist informational sign is desired; and such other information as the council may require. The applicant shall tender with the application the permit fee required under ORS 377.825 (Fees for sign applications, maintenance costs and reinstallation) for each sign requested.

(2) Upon receipt of an application for a tourist oriented directional sign, logo sign or a motorist informational sign, the council shall refer the application to the Department of Transportation. Upon receipt of the application the department shall do all the following:

(a) Notify any city in which a sign is proposed to be located of the proposed location and composition of the sign and seek comments from the city.

(b) Investigate the facts and make a report to the council with its recommendations thereon.

(c) Not recommend approval of an application unless the requested location conforms to the requirements prescribed by the council under ORS 377.805 (Form of tourist and motorist informational signs) and, if applicable, unless the applicant is complying with all statutes and rules of the State Health Officer regarding restaurants and places of public accommodation.

(d) Notify the council promptly in writing of the results of its investigation and its recommendations and the reasons for any recommended disapproval.

(3) If the council approves the application it shall issue the permit and forward the original to the applicant and a copy thereof to the Director of Transportation. If it is not approved, the council shall return the application and fee, stating the reasons for disapproval and giving the applicant opportunity to correct any defects or to be heard within 30 days by the council and to present evidence, with or without counsel at the applicant’s discretion. Upon written request, the council shall hear the matter and notify the applicant of its findings and decision. The applicant may then appeal in the manner provided by ORS chapter 183. [1971 c.770 §24; 1973 c.790 §20; 1983 c.111 §6; 1983 c.523 §1a; 1993 c.741 §63; 2017 c.105 §4]

Source: Section 377.820 — Application for tourist or motorist informational sign permit; investigation; disposition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors377.­html (accessed May 26, 2025).
ORS § 384.120 — OR Code / Title 31 / Chapter 384 / Section 384.120
384.120 Discretion as to ferry operation with county and charging tolls
Status: in_force

It is discretionary with the Department of Transportation whether a ferry mentioned in ORS 384.105 (Department of Transportation to acquire and operate or license ferries) be operated by the state. If operated by the state and the county under a cooperative agreement, it is discretionary with the Department of Transportation and the county court whether the ferry be operated as a free public ferry or as a charge or toll ferry.

Source: Section 384.120 — Discretion as to ferry operation with county and charging tolls , https://www.­oregonlegislature.­gov/bills_laws/ors/ors384.­html (accessed May 26, 2025).
ORS § 366.558 — OR Code / Title 31 / Chapter 366 / Section 366.558
366.558 Contracting with and submitting programs to federal government
Status: in_force

The Department of Transportation may enter into all contracts and agreements with the federal government relating to the survey, construction, improvement and maintenance of roads and highways, including county roads and city streets, submit such scheme or program of construction, improvement or maintenance as may be required by the federal government, and do all other things necessary fully to carry out the cooperation contemplated and provided for by the Acts of Congress mentioned in ORS 366.556 (Acceptance of provisions of Acts of Congress) . [Formerly 366.710]

Source: Section 366.558 — Contracting with and submitting programs to federal government , https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html (accessed May 26, 2025).
ORS § 366.514 — OR Code / Title 31 / Chapter 366 / Section 366.514
366.514 Use of highway fund for footpaths and bicycle trails
Status: in_force

(1) Out of the funds received by the Department of Transportation or by any county or city from the State Highway Fund reasonable amounts shall be expended as necessary to provide footpaths and bicycle trails, including curb cuts or ramps as part of the project. Footpaths and bicycle trails, including curb cuts or ramps as part of the project, shall be provided wherever a highway, road or street is being constructed, reconstructed or relocated. Funds received from the State Highway Fund may also be expended to maintain footpaths and trails and to provide footpaths and trails along other highways, roads and streets.

(2) Footpaths and trails are not required to be established under subsection (1) of this section:

(a) Where the establishment of such paths and trails would be contrary to public safety;

(b) If the cost of establishing such paths and trails would be excessively disproportionate to the need or probable use; or

(c) Where sparsity of population, other available ways or other factors indicate an absence of any need for such paths and trails.

(3) The amount expended by the department or by a city or county as required or permitted by this section shall never in any one fiscal year be less than one percent of the total amount of the funds received from the highway fund. However:

(a) This subsection does not apply to a city in any year in which the one percent equals $250 or less, or to a county in any year in which the one percent equals $1,500 or less.

(b) A city or county in lieu of expending the funds each year may credit the funds to a financial reserve fund in accordance with ORS 294.346 (Reserve fund established without vote) , to be held for not more than 10 years, and to be expended for the purposes required or permitted by this section.

(c) For purposes of computing amounts expended during a fiscal year under this subsection, the department, a city or county may record the money as expended:

(A) On the date actual construction of the facility is commenced if the facility is constructed by the city, county or department itself; or

(B) On the date a contract for the construction of the facilities is entered with a private contractor or with any other governmental body.

(4) For the purposes of this chapter, the establishment of paths, trails and curb cuts or ramps and the expenditure of funds as authorized by this section are for highway, road and street purposes. The department shall, when requested, provide technical assistance and advice to cities and counties in carrying out the purpose of this section. The department shall recommend construction standards for footpaths and bicycle trails. Curb cuts or ramps shall comply with the requirements of ORS 447.310 (Standards for curbing) and rules adopted under ORS 447.231 (Rules to eliminate architectural barriers) . The department shall, in the manner prescribed for marking highways under ORS 810.200 (Uniform standards for traffic control devices) , provide a uniform system of signing footpaths and bicycle trails which shall apply to paths and trails under the jurisdiction of the department and cities and counties. The department and cities and counties may restrict the use of footpaths and bicycle trails under their respective jurisdictions to pedestrians and nonmotorized vehicles, except that motorized wheelchairs shall be allowed to use footpaths and bicycle trails.

(5) As used in this section, “bicycle trail” means a publicly owned and maintained lane or way designated and signed for use as a bicycle route. [1971 c.376 §2; 1979 c.825 §1; 1983 c.19 §1; 1983 c.338 §919; 1991 c.417 §7; 1993 c.503 §12; 1997 c.308 §36; 2001 c.389 §1]

Source: Section 366.514 — Use of highway fund for footpaths and bicycle trails , https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html (accessed May 26, 2025).
ORS § 390.986 — OR Code / Title 31 / Chapter 390 / Section 390.986
390.986 Injunctive relief for violation of ORS 390.950 to 390.989
Status: in_force

The State Parks and Recreation Department has power to obtain injunctions against violations of any provisions of ORS 390.950 (Short title) to 390.989 (Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989) and any rules and regulations adopted under ORS 390.950 (Short title) to 390.989 (Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989) and agreements made under ORS 390.950 (Short title) to 390.989 (Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989) . [1971 c.614 §14]

Source: Section 390.986 — Injunctive relief for violation of ORS 390.950 to 390.989 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html (accessed May 26, 2025).
ORS § 382.305 — OR Code / Title 31 / Chapter 382 / Section 382.305
382.305 Operation of bridges across Willamette River by Multnomah County
Status: in_force

(1) The Board of County Commissioners of Multnomah County shall operate and maintain all bridges, as defined in subsection (2) of this section, together with the approaches thereof, erected, owned by or leased to the City of Portland or Multnomah County, across the Willamette River within the boundaries of Portland, and the City of Portland shall surrender and deliver possession and control of such bridges, except as provided in ORS 382.310 (Powers of Multnomah County as to Willamette River bridges) to 382.330 (Operation of Adams Street-Glisan Street bridge in Portland) , to the board of county commissioners.

(2) As used in ORS 382.305 (Operation of bridges across Willamette River by Multnomah County) to 382.330 (Operation of Adams Street-Glisan Street bridge in Portland) , “bridge” means the bridges and parts thereof.

Source: Section 382.305 — Operation of bridges across Willamette River by Multnomah County , https://www.­oregonlegislature.­gov/bills_laws/ors/ors382.­html (accessed May 26, 2025).
ORS § 383.025 — OR Code / Title 31 / Chapter 383 / Section 383.025
383.025 Certain information provided to Department of Transportation exempt from disclosure
Status: in_force

Sensitive business, commercial or financial information presented to the Department of Transportation by a private entity for the purpose of determining the feasibility of the entity’s participation in a tollway project is exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . [2001 c.844 §5]

Source: Section 383.025 — Certain information provided to Department of Transportation exempt from disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors383.­html (accessed May 26, 2025).
ORS § 371.347 — OR Code / Title 31 / Chapter 371 / Section 371.347
371.347 Alternative provisions for elected board of commissioners
Status: in_force

When a special road district has an elected district board of commissioners, ORS 371.349 (District board of elected commissioners) and 371.351 (Officers of elected district board) are effective in that district in lieu of ORS 371.338 (District board of appointed commissioners) and 371.342 (Officers of appointed district board) . [1999 c.764 §5]

Source: Section 371.347 — Alternative provisions for elected board of commissioners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors371.­html (accessed May 26, 2025).
ORS § 382.420 — OR Code / Title 31 / Chapter 382 / Section 382.420
382.420 Title and control of bridge
Status: in_force

Upon the completion of any bridge constructed under ORS 382.335 (Definitions for ORS 382.335 to 382.425) to 382.425 (County clerk as clerk of county commissioners) , title thereto and full control thereof shall be vested in Multnomah County, control to be exercised on behalf of the county by the board of county commissioners.

Source: Section 382.420 — Title and control of bridge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors382.­html (accessed May 26, 2025).
ORS § 368.710 — OR Code / Title 31 / Chapter 368 / Section 368.710
368.710 Apportionment of certain local option taxes
Status: in_force

(1) A countywide local option tax imposed by a county under ORS 280.040 (Definitions for ORS 280.040 to 280.145) to 280.145 (Serial levy under former law) for road improvement, repair or maintenance must be apportioned as follows:

(a) Not less than 50 percent of the tax collected must be apportioned to the several road districts, including districts composed of incorporated cities, in the same proportion as the amount of taxable property in each district bears to the whole amount of taxable property in the county. The amount apportioned to any incorporated city must be transferred to it to be expended under the management of its officials for the improvement and repair of county roads and for the improvement, repair and maintenance of improved streets within the boundaries of the city.

(b) The entire remaining revenue must be applied to roads in such locality in the county as the county governing body directs.

(2) If a local option tax levy is reduced due to compression under ORS 310.150 (Segregation into categories) , the amounts apportioned under subsection (1) of this section must be based on the amount of taxes actually levied under the limits of compression.

(3) A county, road districts with territory in the county and incorporated cities with territory in the county may modify, by agreement, the apportionment of local option taxes provided for in this section to fund more effectively and efficiently projects within the county to construct, maintain, improve and repair public roads. [Amended by 1991 c.459 §388a; 2007 c.679 §2; 2009 c.146 §1]

Source: Section 368.710 — Apportionment of certain local option taxes; compression , https://www.­oregonlegislature.­gov/bills_laws/ors/ors368.­html (accessed May 26, 2025).
ORS § 381.745 — OR Code / Title 31 / Chapter 381 / Section 381.745
381.745 Applicable law and jurisdiction
Status: in_force

(1) A commission is subject to applicable federal law, ORS 381.702 (Definitions) to 381.755 (General provisions) , rules adopted by the commission’s board under ORS 381.702 (Definitions) to 381.755 (General provisions) and any state or local laws that apply to a municipal corporation as specified in this section.

(2) Except as provided in subsections (3) and (4) of this section, the commission, the board and the commission’s officials, employees and agents are governed by the laws of the primary place of business. The laws of the primary place of business include, but are not limited to, laws pertaining to local government audits, financial administration and accounting, public records, prohibitions on using facilities for campaign purposes, open public meetings, the code of ethics for municipal officers, the rights of public employees and local government whistleblower protections.

(3) The real estate transactions of, and the exercise of eminent domain by, the commission, including relocation assistance, compliance with land use, environmental and building codes and other actions of the commission pertaining to the ownership, control or use of a particular property site or area as the board may determine by rule, are governed by the laws of the state and local jurisdiction within which the particular property site or area is situated.

(4) If a conflict arises between a provision of ORS 381.702 (Definitions) to 381.755 (General provisions) and a provision of state or local law, the provision under ORS 381.702 (Definitions) to 381.755 (General provisions) controls.

(5) The court of original jurisdiction for any action brought by or against the commission is the court designated under the applicable laws under this section. [2022 c.7 §13]

Source: Section 381.745 — Applicable law and jurisdiction; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 383.011 — OR Code / Title 31 / Chapter 383 / Section 383.011
383.011 Contract terms regarding entry into possession by Department of Transportation
Status: in_force

(1) Every contract, agreement or other arrangement between the Department of Transportation and any private entity pursuant to which a private entity owns, leases or operates a tollway shall provide that, if an event occurs that seriously jeopardizes or impairs the continued availability and operation of the tollway, the department shall be entitled to enter into and take possession of the tollway and to exercise all of the rights attendant to such possession, including the right to receive all tolls and other revenues of the tollway, subject to any obligations incurred for the tollway, and the right to operate, maintain, repair and reconstruct the tollway.

(2) The department may exercise the power of eminent domain to acquire property for tollway projects, regardless of whether the property will be owned in fee simple by the department. [1995 c.668 §5; 2001 c.844 §2]

Source: Section 383.011 — Contract terms regarding entry into possession by Department of Transportation; eminent domain , https://www.­oregonlegislature.­gov/bills_laws/ors/ors383.­html (accessed May 26, 2025).
ORS § 381.302 — OR Code / Title 31 / Chapter 381 / Section 381.302
381.302 Acquiring and operating interstate ferry by bridge authority as part of cost of acquiring interstate bridge
Status: in_force

(1) Whenever any county, city, town or port mentioned in ORS 381.205 (Construction, acquisition, maintenance and connection of interstate bridges by counties, cities, towns and ports) , heretofore or hereafter determines through its governing authority to construct a bridge under ORS 381.205 (Construction, acquisition, maintenance and connection of interstate bridges by counties, cities, towns and ports) to 381.314 (Sale or transfer of Port of Hood River bridge or bridge project) , it may, as a part of the cost of the bridge, include and acquire any then existing and operating ferry, with appurtenant properties, which the governing body determines to be serving the same area to be served by the proposed bridge and the continued operation of which would adversely affect the traffic on the bridge.

(2) Any ferry thus acquired may be operated by the authority constructing such bridge free or on tolls, and if operated on tolls, the tolls charged shall be pledged to the payment of its revenue bonds and interest thereon issued on account of the bridge. Tolls thus collected shall be sufficient to meet all operating costs and expenses, including insurance, maintenance and a reasonable depreciation, and such payments as may have been determined by the governing authority to be necessary to apply on the amortization of the principal and interest of the revenue bonds during the period pending the completion and opening of the bridge.

(3) Upon the opening of such bridge to traffic, and thereafter while the bridge is open to traffic, no ferry thus acquired shall operate. The property used in the operation of any such ferry may be sold or disposed of by the governing authority in such manner as will protect the bridge from the competition thereof.

(4) Acquisition of any such ferry may be made upon such terms as the governing authority shall determine, and the acquisition price may be made payable not later than the time of the opening of the bridge.

(5) Whenever the governing authority of the county, city, town or port determines to proceed in accordance with this section to acquire any ferry as a part of the cost of a bridge, and to thereafter operate such ferry as permitted by this section, it may do so regardless of whether such ferry operates from a point within the boundaries of the county, city, town or port, provided that there has been received a report of engineers indicating the advisability of the acquisition of such ferry in connection with the construction and operation of the bridge. [1953 c.648 §3]

Source: Section 381.302 — Acquiring and operating interstate ferry by bridge authority as part of cost of acquiring interstate bridge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 390.674 — OR Code / Title 31 / Chapter 390 / Section 390.674
390.674 Imposition of civil penalties
Status: in_force

(1) Civil penalties under ORS 390.992 (Civil penalties) shall be imposed as provided in ORS 183.745 (Civil penalty procedures) .

(2) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the State Parks and Recreation Director under this section may be joined by the director with any other action taken against the same person under ORS 390.995 (Criminal penalties) (1).

(3) Any civil penalty recovered under this section shall be deposited into an account of the State Parks and Recreation Department for use by the department in administration of the ocean shore program. [1999 c.373 §10]

Source: Section 390.674 — Imposition of civil penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html (accessed May 26, 2025).
ORS § 381.210 — OR Code / Title 31 / Chapter 381 / Section 381.210
381.210 Agreements for carrying out powers of counties, cities, towns and ports
Status: in_force

For the purpose of carrying out or putting into effect the right, power and authority granted by ORS 381.205 (Construction, acquisition, maintenance and connection of interstate bridges by counties, cities, towns and ports) to 381.314 (Sale or transfer of Port of Hood River bridge or bridge project) or any other law, each of the public bodies or agencies mentioned in ORS 381.205 (Construction, acquisition, maintenance and connection of interstate bridges by counties, cities, towns and ports) may make and enter into any agreements with:

(1) The Government of the United States or any of its agencies.

(2) The State of Oregon or any of its agencies.

(3) Any adjoining state, the county, municipality, port or other political subdivision or agency of such adjoining state.

(4) The Oregon Department of Transportation.

(5) Any persons, associations, corporations, domestic or foreign.

Source: Section 381.210 — Agreements for carrying out powers of counties, cities, towns and ports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 374.312 — OR Code / Title 31 / Chapter 374 / Section 374.312
374.312 Rules regarding permits for approach roads
Status: in_force

(1) It is the intent of the Legislative Assembly to develop a highway access management system based on objective standards that will balance the economic development objectives of properties abutting state highways with the transportation safety and access management objectives of state highways, in a manner consistent with local transportation system plans and the land uses permitted in the local comprehensive plans acknowledged under ORS chapters 197 and 197A. The Department of Transportation shall comply with the legislative directives, objective standards and procedures established in this section for the governance of the process for application by and the issuance of approach permits to owners of property abutting the highway and shall adopt rules consistent with this section.

(2) The department shall make its final decision, including resolution of all internal appeals, to grant or deny an approach permit within 120 days of the date the department deems an application for an approach permit complete, unless the applicant and the department agree to an extension.

(3) The department shall make its decision to grant or deny an approach permit based on the provisions of this section, the spacing, channelization and sight distance standards described in ORS 374.311 (Permit standards) or the standards and criteria in effect on the date that the application was filed.

(4) A new approach permit for a change of use of an approach is required for a private approach if:

(a)(A)(i) The number of peak hour trips increases by 50 trips or more from that of the property’s prior use; or

(ii) The number of trips on a typical day increases by 500 trips or more from that of the property’s prior use; and

(B) The increase described in subparagraph (A)(i) or (ii) of this paragraph represents a 20 percent or greater increase in the number of peak hour trips or the number of trips on a typical day from that of the property’s prior use;

(b) The daily use of a private approach increases by 10 or more vehicles with a gross vehicle weight rating of 26,000 pounds or greater;

(c) The department demonstrates that safety or operational problems related to the approach are occurring on a highway as provided in subsection (10)(g) of this section. Any required mitigation measures shall be limited to addressing the identified safety or operational problems; or

(d) The approach does not meet the stopping sight distance standards of this section, as measured in feet, of 10 times the speed limit established in ORS 811.111 (Violating a speed limit) or the designated speed posted under ORS 810.180 (Designation of maximum speeds) for the highway as measured in miles per hour, or 10 times the 85th percentile speed of the highway where the 85th percentile speed is higher or lower than the speed limit established in ORS 811.111 (Violating a speed limit) or the designated speed posted under ORS 810.180 (Designation of maximum speeds) . The permit holder may perform a study to determine if the 85th percentile speed is higher or lower than the speed limit established in ORS 811.111 (Violating a speed limit) or the designated speed posted under ORS 810.180 (Designation of maximum speeds) . The sight distance measurement and the study to determine the 85th percentile speed shall be performed according to published department procedures by or under the supervision of an engineer registered in Oregon.

(5) Intentionally left blank —Ed.

(a) When a change of use of an approach permit is required under subsection (4) of this section, the department shall approve an application if the application proposes an approach that moves in the direction of conforming with the spacing, channelization and sight distance standards described in ORS 374.311 (Permit standards) , subject to consideration of safety and highway operations.

(b) Whether the application moves in the direction of conforming with the spacing, channelization and sight distance standards described in ORS 374.311 (Permit standards) , while not posing safety or highway operations concerns, shall be established by the department and the applicant using a collaborative process, as established by department by rule, that is made available to the applicant within 30 days of the date the department determines an application to be complete.

(c) Applications that are deemed to be moving in the direction of conforming with the spacing, channelization and sight distance standards described in ORS 374.311 (Permit standards) do not require separate deviations from those standards.

(d) For the purposes of this subsection, an approach moves in the direction of conforming with the spacing, channelization or sight distance standards described under ORS 374.311 (Permit standards) if one or more changes are made to the approach that include, but are not limited to:

(A) Eliminating or combining existing approaches to the highway resulting in a net reduction in the number of approaches to the highway.

(B) Improving the distance between approaches.

(C) Improving the sight distance between approaches.

(D) Widening the existing driveways to accommodate truck turning radius requirements.

(E) Widening the existing driveways to accommodate additional exit lanes.

(F) Narrowing the existing driveways to provide the appropriate number of entry and exit lanes as required for the property.

(G) Developing a throat on the approach entrance to allow for more efficient movement of motorists from the highway.

(6) The department shall approve applications that meet the spacing, channelization or sight distance standards described in ORS 374.311 (Permit standards) subject only to consideration of safety and highway operations concerns as provided in subsection (10)(g) of this section and the traffic impact analysis requirements described in ORS 374.314 (Traffic impact analysis) .

(7) Applications that do not meet the spacing, channelization or sight distance standards described in ORS 374.311 (Permit standards) may be approved with deviations from those standards as follows:

(a) A request for one or more deviations from the spacing, channelization or sight distance standards described in ORS 374.311 (Permit standards) may be included in an application for one or more private approaches that do not meet the standards.

(b) Unless waived by the department, a request for a deviation must include a traffic impact analysis provided by the applicant that addresses a request for deviations from the spacing, channelization or sight distance standards described in ORS 374.311 (Permit standards) for safety and highway operations.

(c) A request for a deviation may be approved based upon a determination by the engineer assigned by the department to analyze the request for a deviation that the approach adequately addresses the safety and highway operations concerns identified by the department as provided in subsection (10)(g) of this section.

(d) Where a speed study prepared by an applicant and agreed to by the department determines that the 85th percentile speed is lower than the current posted speed, the department may grant a deviation from sight distance standards based upon the lower speed determination.

(8) If a property has a right of access and there is no means of access to the property other than the state highway, an approach that does not meet the spacing, channelization or sight distance standards described in ORS 374.311 (Permit standards) does not need a deviation from the standards if the department and the applicant agree on a location of the approach that optimizes safety, highway operations and site design.

(9) Except as otherwise provided in this section, the following procedures apply to all applications for an approach permit:

(a) The department shall determine whether an application for an approach permit is complete within 30 days of receipt of the application.

(b) The department shall approve an application, approve an application with conditions or deny an application:

(A) Within 30 days of the date that the department determines the application to be complete, for applications that meet spacing, channelization or sight distance standards described in ORS 374.311 (Permit standards) ; or

(B) Within 60 days of the date that the department determines the application to be complete for all other types of applications.

(c) The department may impose reasonable conditions to mitigate safety or highway operations concerns identified by the department in its review of the application, as provided in subsection (10)(g) of this section.

(d) When the department proposes to deny an approach permit application or approve an application with conditions, the department shall notify the applicant of its intent and offer the applicant a collaborative process established by the department by rule.

(e) If the offer of a collaborative process is declined, the department shall issue its decision in writing with sufficient specificity regarding any safety or highway operations concerns upon which the department’s decision is based to allow the applicant to respond.

(f) The department’s decision shall advise the applicant of the applicant’s rights for dispute resolution processes to resolve issues relating to the department’s decision as set forth in ORS 374.355 (Dispute resolution procedures) .

(10) The following directives apply to all applications for an approach permit:

(a) All applications are required to meet sight distance standards described in ORS 374.311 (Permit standards) (6) except as otherwise provided in this section or unless a deviation is otherwise approved by the department.

(b) Except for highways classified as interstate highways and highways designated as expressways by the Oregon Transportation Commission, the department may not use the presence of alternate access to a property abutting a highway as a basis for denying an approach permit application, except in rural areas where the presence of alternative access is a consideration in determining whether to approve or deny a second or subsequent approach permit application.

(c) The department may not impose nontraversable medians as a mitigation measure for approach permit applications unless the department first establishes that no other mitigation measures are effective or available under the circumstances.

(d) Mobility standards, established by the department by rule, are not applicable to turning movements from private approaches during the department’s review of approach permit applications, except when the ratio of volume to capacity on the proposed private approach is 1.0 or greater.

(e) The department may not require an applicant to submit a traffic impact analysis except as provided in ORS 374.314 (Traffic impact analysis) .

(f) The department shall utilize an engineer with relevant experience to review and respond to evidence from a qualified expert that is submitted by the applicant.

(g) The department shall have the burden of proving any safety or highway operations concerns relied upon in the department’s decision to approve an application with conditions or deny an application. Safety or highway operations concerns that may be applied to the department’s permit decisions on applications submitted under this section are limited to one or more of the following unique safety and highway operations concerns:

(A) Regular queuing on the highway that impedes turning movements associated with the proposed approach.

(B) Offset approaches that may create the potential for overlapping left turn movements or competing use of a center turn lane.

(C) Insufficient distance for weave movements made by vehicles exiting an approach across multiple lanes in the vicinity of signalized intersections, roads classified by the Oregon Transportation Commission as collectors or arterials and on-ramps or off-ramps.

(D) Location of the proposed approach within a highway segment with a crash rate that is 20 percent higher than the statewide average for similar highways.

(E) Location of the proposed approach within a highway segment listed in the top five percent of locations identified by the safety priority index system developed by the department.

(F) Inadequate sight distance from an intersection to the nearest driveway on district highways and regional highways where the speed limit established in ORS 811.111 (Violating a speed limit) or the designated speed posted under ORS 810.180 (Designation of maximum speeds) is 50 miles per hour or higher.

(11) The department shall use the criteria for determining what constitutes reasonable access as specified in ORS 374.310 (State permits) .

(12) The department shall make its decision to grant or deny an approach permit on the record. When the department denies an application or approves an application with conditions, the department shall issue findings specifying the basis of the decision for the record. The department shall adopt rules specifying the form of the record.

(13) The department and a local government may enter into an intergovernmental agreement setting provisions for and allowing the local government to issue approach permits for regional and district state highways. The agreement must provide that permits issued by local governments will be consistent with the highway plan and administrative rules adopted by the department, with state statutes and with the local transportation system plan acknowledged under ORS chapters 197 and 197A. The department shall adopt rules specifying the circumstances under which authority will be delegated to a local government.

(14) The department shall develop a program that allows a person that might be affected by the issuance of the permit, but that is not the owner of the property subject to the permit, to express concerns to the department prior to the issuance of the permit. For purposes of this subsection, persons that might be affected by the issuance of the permit are the city or county in which the road is located and any person that owns property adjacent to the proposed access. Nothing in this subsection gives a city, county or other person that might be affected standing to appeal any decision of the department regarding granting of the permit. [1999 c.974 §2; 2003 c.371 §2; 2011 c.330 §13]

Note: 374.312 (Rules regarding permits for approach roads) was added to and made a part of 374.302 (Definitions for ORS 374.302 to 374.334) to 374.334 (Access management strategy) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 374.312 — Rules regarding permits for approach roads; intergovernmental agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors374.­html (accessed May 26, 2025).
ORS § 382.350 — OR Code / Title 31 / Chapter 382 / Section 382.350
382.350 Petition and order for bond election
Status: in_force

Whenever a petition therefor, signed by not less than 10 percent of the electors of Multnomah County and stating the amount of the proposed bond issue is filed with the county clerk, the board of county commissioners shall, subject to ORS 382.355 (Filing and presentation of petition) and 382.360 (Appeals from orders of board of county commissioners) , order an election to determine whether or not the county shall issue bonds for the construction of the bridge mentioned in ORS 382.345 (Multnomah County constructing and financing Willamette River bridges) . However, if the county debt for the construction of permanent roads already incurred or authorized, together with the new debt sought to be created by the petition, exceeds six percent of the assessed valuation of all the property in the county, then the board of county commissioners shall disregard the petition.

Source: Section 382.350 — Petition and order for bond election; debt limitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors382.­html (accessed May 26, 2025).
ORS § 372.240 — OR Code / Title 31 / Chapter 372 / Section 372.240
372.240 District employees
Status: in_force

The district board may employ engineers, superintendents, mechanics, clerks, secretaries or other persons as requisite, necessary or convenient, in carrying on any of its work, at a rate of remuneration fixed by the board. [Amended by 1971 c.403 §6; 1971 c.514 §23]

Source: Section 372.240 — District employees; expenses of board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors372.­html (accessed May 26, 2025).
ORS § 374.010 — OR Code / Title 31 / Chapter 374 / Section 374.010
374.010 “Throughway” defined
Status: in_force

As used in ORS 374.005 (Policy and purpose of ORS 374.005 to 374.095) to 374.095 (Utility roads where access to abutting property affected) , “throughway” means a highway or street especially designed for through traffic, over, from or to which owners or occupants of abutting land or other persons have no easement of access or only a limited easement of access, light, air or view, by reason of the fact that their property abuts upon the throughway or for any other reason.

Source: Section 374.010 — “Throughway” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors374.­html (accessed May 26, 2025).
ORS § 376.375 — OR Code / Title 31 / Chapter 376 / Section 376.375
376.375 Contract liability of forest road contractor
Status: in_force

The liability of any forest road contractor for failure to improve or maintain the contract forest road or any bridge or culvert thereon in accordance with the contract is limited to the contracting county.

Source: Section 376.375 — Contract liability of forest road contractor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html (accessed May 26, 2025).
ORS § 391.520 — OR Code / Title 31 / Chapter 391 / Section 391.520
391.520 Financing authority created
Status: in_force

The Oregon Mass Transportation Financing Authority is hereby created as a public instrumentality of the State of Oregon and the exercise by the authority of the powers conferred by ORS 267.227 (Relationship with Oregon Mass Transportation Financing Authority) and 391.500 (Declaration of policy) to 391.660 (Short title) is the performance of an essential public function. The authority shall consist of the chairperson of the Oregon Transportation Commission, the State Treasurer, or designee, the chairperson of the Oregon Investment Council, or designee, and a representative designated by the board of directors of each district. [1977 c.662 §4]

Source: Section 391.520 — Financing authority created; membership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors391.­html (accessed May 26, 2025).
ORS § 381.270 — OR Code / Title 31 / Chapter 381 / Section 381.270
381.270 Bids for bridge construction
Status: in_force

Competitive bids shall be invited for the construction of any bridge mentioned in ORS 381.260 (Plans and specifications for bridge construction) in conformity with the plans, specifications and design. The call for bids shall require that each bidder accompany the bid with a certified check or a bidder’s bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 (Additional definitions for Bank Act) in the amount of not less than five percent of the amount of the bid. The contract, if awarded, shall be awarded to the bidder adjudged to be the lowest and best, responsible bidder. Any and all bids may be rejected and refused if it appears to be the best interest of the general public. [Amended by 1991 c.331 §60; 1997 c.631 §468]

Source: Section 381.270 — Bids for bridge construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 372.450 — OR Code / Title 31 / Chapter 372 / Section 372.450
372.450 District dissolution petition or resolution
Status: in_force

Dissolution of a district may be initiated:

(1) By a petition for dissolution of the district, filed with the district board, signed by the owners representing not less than 50 percent of the front footage abutting the highway included in the district.

(2) By resolution of the district board when it determines that it is in the best interests of the inhabitants of the district that the district be dissolved and liquidated. [1971 c.514 §33]

Source: Section 372.450 — District dissolution petition or resolution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors372.­html (accessed May 26, 2025).
ORS § 366.916 — OR Code / Title 31 / Chapter 366 / Section 366.916
366.916 Vietnam Veterans Memorial Highway
Status: in_force

(1) The portion of Interstate 84 beginning where it intersects with Interstate 5 in Portland and ending at the Idaho state line shall also be known as the Vietnam Veterans Memorial Highway.

(2) The Department of Transportation shall place and maintain suitable markers along the highway described in this section that indicate the designation of the highway as the Vietnam Veterans Memorial Highway.

(3) Intentionally left blank —Ed.

(a) The department may accept moneys from and may enter into agreements with veterans groups to create, install and maintain the markers.

(b) The department may not use public funds for the installation and maintenance of the markers. [2013 c.39 §1; 2023 c.9 §19]

Note: 366.916 (Vietnam Veterans Memorial Highway) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 366.916 — Vietnam Veterans Memorial Highway , https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html (accessed May 26, 2025).
ORS § 391.630 — OR Code / Title 31 / Chapter 391 / Section 391.630
391.630 Investments of surplus moneys
Status: in_force

The Oregon Mass Transportation Financing Authority may invest any surplus moneys in investments permitted by ORS 294.035 (Investment of funds of political subdivisions) . [1977 c.662 §15]

Source: Section 391.630 — Investments of surplus moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors391.­html (accessed May 26, 2025).
ORS § 366.337 — OR Code / Title 31 / Chapter 366 / Section 366.337
366.337 Exchange of certain parcels of land authorized
Status: in_force

The Department of Transportation, in the name of the State of Oregon, hereby is authorized to convey to any person, firm or corporation all or parts of the real properties described in section 1, chapter 21, Oregon Laws 1953, in exchange for other real properties in close proximity thereto which, in the judgment of the department, are of equal or superior useful value for public use. [1953 c.21 §2]

Source: Section 366.337 — Exchange of certain parcels of land authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html (accessed May 26, 2025).
ORS § 376.745 — OR Code / Title 31 / Chapter 376 / Section 376.745
376.745 Resolution to be published and posted
Status: in_force

(1) The resolution of intention shall be published in a newspaper of general circulation published within the county, city or city and county, as the case may be. The first publication shall be not less than 60 days prior to the date fixed therein for hearing. In a city where no such newspaper is published, the resolution shall instead be so published in a newspaper of general circulation published in the county in which the city is located.

(2) Copies of the resolution headed “Notice of Intention to Establish a Pedestrian Mall” in letters at least one-half inch in height shall be posted not more than 300 feet apart as follows:

(a) On all city streets, or portions thereof, proposed to be established as a pedestrian mall.

(b) On all intersecting streets.

(c) If assessments are to be levied as contemplated by ORS 376.735 (Contents of resolution when landowners to be paid for damages by assessments on benefited property) , then upon all open streets within the district described in the resolution pursuant to such section.

(3) Copies shall be posted not less than 60 days prior to the hearing. [1961 c.666 §§10,11; 2003 c.14 §163]

Source: Section 376.745 — Resolution to be published and posted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html (accessed May 26, 2025).
ORS § 381.635 — OR Code / Title 31 / Chapter 381 / Section 381.635
381.635 Duties and powers of council
Status: in_force

If the electors of the city approve the issuance of bonds, the council shall arrange to issue and sell the bonds. The council may arrange and provide the form, terms and sale of the bonds, consistent with ORS 381.605 (City construction, operation and financing of interstate bridges) to 381.670 (Plans for bridge construction) . [Amended by 1983 c.350 §253]

Source: Section 381.635 — Duties and powers of council , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 366.324 — OR Code / Title 31 / Chapter 366 / Section 366.324
366.324 Financial assistance to persons displaced by highway acquisition
Status: in_force

(1) When federal funds are available for payment of direct financial assistance to persons displaced by highway acquisition, the Department of Transportation may match such federal funds to the extent provided by federal law and to provide such direct financial assistance in the instances and on the conditions set forth by federal law and regulations.

(2) When federal funds are not available or used for payment of direct financial assistance to persons displaced by department acquisition of property, the department may provide direct financial assistance to such persons. Financial assistance authorized by this subsection shall not exceed the total amount that would have been payable under subsection (1) of this section if federal funds had been available or used. The department may adopt rules and regulations to carry out the provisions of this subsection. [1959 c.648 §2; 1963 c.187 §2; 1965 c.222 §1]

Source: Section 366.324 — Financial assistance to persons displaced by highway acquisition; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html (accessed May 26, 2025).
ORS § 381.410 — OR Code / Title 31 / Chapter 381 / Section 381.410
381.410 Interstate bridges as permanent roads
Status: in_force

Bridges over rivers and bodies of water forming interstate boundaries are permanent roads and include approaches and viaducts leading thereto.

Source: Section 381.410 — Interstate bridges as permanent roads , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 381.245 — OR Code / Title 31 / Chapter 381 / Section 381.245
381.245 Payment of bond principal and interest with bridge tolls
Status: in_force

If any bridge constructed, purchased or otherwise acquired under ORS 381.205 (Construction, acquisition, maintenance and connection of interstate bridges by counties, cities, towns and ports) to 381.314 (Sale or transfer of Port of Hood River bridge or bridge project) is operated as a toll bridge, and the revenues or any part thereof derived as a result of the tolls and charges collected have been pledged and revenue bonds issued, in fixing and determining the amount of tolls to be charged consideration shall be given, among other things, to the amount necessary to be received to pay the interest upon the revenue bonds and to provide for the retirement of the principal of the bonds. Provisions shall be made for the application of the revenue so received to the payment of the interest and principal of the revenue bonds as their respective payments become due.

Source: Section 381.245 — Payment of bond principal and interest with bridge tolls , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 371.450 — OR Code / Title 31 / Chapter 371 / Section 371.450
371.450 Election of district directors
Status: in_force

(1) Except as provided in subsection (2) of this section, the term of director is four years.

(2) The three directors elected as the first district board shall determine by lot the length of term each shall hold. The term of one director shall expire June 30 next following the first regular district election and the terms of two directors shall expire June 30 next following the second regular district election.

(3) Within 10 days after receiving certificates of election, the directors shall take and file their official oath which shall be filed in the office of the directors.

(4) A director shall be an elector of the district and shall have resided within the proposed district for more than 30 days immediately prior to the date of the election.

(5) The board of directors shall fill any vacancy on the board by appointment as provided in ORS 198.320 (Filling of vacancies on governing bodies of certain districts) . [Amended by 1969 c.669 §6; 1971 c.647 §73; 1971 c.727 §§106,194; 1973 c.796 §60; 1975 c.647 §33; 1983 c.350 §244]

Source: Section 371.450 — Election of district directors; terms; oath; qualifications; vacancies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors371.­html (accessed May 26, 2025).
ORS § 374.335 — OR Code / Title 31 / Chapter 374 / Section 374.335
374.335 Driving certain motor vehicles across public highway not considered operation on highway
Status: in_force

Where any private road crosses or is crossed by a public highway, the operation of a motor vehicle across the public highway or upon the public highway for a distance of not more than 1,200 feet in the use of the private road is not subject to ORS 811.450 (Violation of posted truck routes) , 815.155 (Unlawful use of device without wheels) , 815.160 (Unlawful use of metal objects on tires) , 815.170 (Operation without pneumatic tires) , 818.020, 818.060 (Violation of administratively imposed weight or size limits) , 818.090 (Violation of maximum size limits) , 818.110 (Exceeding maximum number of vehicles in combination) , 818.160 (Violating towing safety requirements) , 818.300 (Operating with sifting or leaking load) , 818.320 (Dragging objects on highway) , 818.340 (Operating in violation of variance permit) , 818.350 (Failure to carry and display variance permit) , 818.400 (Failure to comply with commercial vehicle enforcement requirements) and ORS chapter 825, provided such vehicle or vehicle use is:

(1) Subject to a permit issued pursuant to ORS 374.308 (Presumption of written permission) , 374.309 (County permits) or 374.310 (State permits) , or such vehicle or vehicle use is authorized by the owner of the property subject to the permit; or

(2) A farm tractor or implement of husbandry. [Formerly 374.265; 1971 c.391 §1; 1983 c.338 §923; 1987 c.158 §66; 2011 c.330 §11; 2013 c.476 §7]

Source: Section 374.335 — Driving certain motor vehicles across public highway not considered operation on highway , https://www.­oregonlegislature.­gov/bills_laws/ors/ors374.­html (accessed May 26, 2025).
ORS § 372.180 — OR Code / Title 31 / Chapter 372 / Section 372.180
372.180 Assessment, levy and collection procedure
Status: in_force

(1) The district board each year shall estimate assessments needed, and the amount thereof shall be levied and returned to the county officer whose duty it is to extend the tax roll at the time required by law for other taxes to be levied and returned.

(2) All assessments levied by the district shall become payable at the same time, be collected by the same officer who collects county taxes and be turned over to the district according to law.

(3) The county officer whose duty it is to extend the county levy shall extend the levy of the district in the same manner as city taxes are extended. The district levy is subject to the limits set forth in ORS 310.150 (Segregation into categories) .

(4) Property shall be subject to sale for the nonpayment of assessments levied by the district in like manner and with like effect as in the case of county and state taxes. [Amended by 1971 c.514 §18; 1991 c.459 §392]

Source: Section 372.180 — Assessment, levy and collection procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors372.­html (accessed May 26, 2025).
ORS § 390.672 — OR Code / Title 31 / Chapter 390 / Section 390.672
390.672 Damages for destruction or infringement of public right of navigation, fishery or recreation
Status: in_force

(1) If any person or governmental body, through negligence, violates ORS 390.640 (Permit required for improvements on ocean shore) , the State Parks and Recreation Director, in a proceeding brought pursuant to ORS 390.669 (Action by state or any person to abate public nuisance) , may seek and the court may award double a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation.

(2) If any person or governmental body intentionally violates ORS 390.640 (Permit required for improvements on ocean shore) , the director, in a proceeding brought pursuant to ORS 390.669 (Action by state or any person to abate public nuisance) , may seek and the court may award treble a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation.

(3) An award made pursuant to this section shall be in addition to and not in lieu of any criminal penalties imposed for a violation of ORS 390.640 (Permit required for improvements on ocean shore) .

(4) In any action brought under ORS 390.669 (Action by state or any person to abate public nuisance) , the court shall award to the prevailing party the costs of suit and reasonable attorney fees at trial and on appeal. Subject to the provisions of ORS 20.140 (State and certain public corporations not required to advance costs) , any costs and attorney fees so awarded to the director shall be deposited in an account of the State Parks and Recreation Department to offset the director’s expenses of bringing such action. [1999 c.373 §16]

Source: Section 390.672 — Damages for destruction or infringement of public right of navigation, fishery or recreation; treble damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html (accessed May 26, 2025).
ORS § 377.615 — OR Code / Title 31 / Chapter 377 / Section 377.615
377.615 Director’s authority to promulgate regulations, enter into agreements with federal government
Status: in_force

(1) The Director of Transportation shall promulgate such regulations as are necessary to carry out the provisions of ORS 377.605 (Definitions for ORS 377.605 to 377.655) to 377.655 (Rules for removal and disposition of signs and property in violation of ORS 377.650) . Except where federal law or rules and regulations require otherwise as a condition to receipt of federal granted funds, the rules shall be promulgated pursuant to ORS chapter 183.

(2) The director is authorized to enter into any necessary agreements with the United States Government or any officer or agency thereof authorized to make agreements pursuant to title 23, United States Code, relating to the control of junkyards in areas adjacent to the state highway system. [1967 c.590 §4; 1993 c.741 §48]

Source: Section 377.615 — Director’s authority to promulgate regulations, enter into agreements with federal government , https://www.­oregonlegislature.­gov/bills_laws/ors/ors377.­html (accessed May 26, 2025).
ORS § 366.480 — OR Code / Title 31 / Chapter 366 / Section 366.480
366.480 Destruction of vouchers
Status: in_force

The Department of Transportation may from time to time destroy copies of vouchers which have ceased to possess any record value or serve any purpose and which have been in the files and custody of the department for a period of at least 10 years.

Source: Section 366.480 — Destruction of vouchers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html (accessed May 26, 2025).
ORS § 368.356 — OR Code / Title 31 / Chapter 368 / Section 368.356
368.356 Order and costs in vacation proceedings
Status: in_force

(1) After considering matters presented under ORS 368.346 (Report, notice and hearing for vacation proceedings) or 368.351 (Vacation without hearing) , a county governing body shall determine whether vacation of the property is in the public interest and shall enter an order or resolution granting or denying the vacation of the property under ORS 368.326 (Purpose of vacation procedures) to 368.366 (Vesting of vacated property) .

(2) An order or resolution entered under this section shall:

(a) State whether the property is vacated;

(b) Describe the exact location of any property vacated;

(c) Establish the amounts of any costs resulting from an approved vacation and determine persons liable for payment of the costs;

(d) Direct any persons liable for payment of costs to pay the amounts of costs established; and

(e) If a plat is vacated, direct the county surveyor to mark the plat as provided under ORS 271.230 (Records of vacations) .

(3) When an order or resolution under this section becomes final, the county governing body shall cause the order to be recorded with the county clerk and cause copies of the order to be filed with the county surveyor and the county assessor. The order or resolution is effective when the order or resolution is filed under this subsection.

(4) Any person who does not pay costs as directed by an order under this section is liable for those costs. [1981 c.153 §40]

Source: Section 368.356 — Order and costs in vacation proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors368.­html (accessed May 26, 2025).
ORS § 374.070 — OR Code / Title 31 / Chapter 374 / Section 374.070
374.070 Throughways in cities
Status: in_force

(1) Should any portion or section of a throughway be within the corporate limits of a city, provision shall be made for access thereto from existing streets at points designated by the municipal authorities of the city. In the event plans and specifications are submitted to the municipal authorities of the city by the Department of Transportation and the municipal authorities fail to designate such points within 60 days thereafter, the designation may be made by the department.

(2) After establishment of any throughway in or through a municipality, no street shall be constructed turning into or intersecting the throughway unless the plans and specifications therefor have first been submitted to and approved in writing by the department and made a matter of official record.

(3) Nothing in this section prohibits the closing of any street at the point where it runs into or intersects any throughway by the proper municipal authorities in the manner provided by law.

Source: Section 374.070 — Throughways in cities; intersecting streets , https://www.­oregonlegislature.­gov/bills_laws/ors/ors374.­html (accessed May 26, 2025).
ORS § 366.332 — OR Code / Title 31 / Chapter 366 / Section 366.332
366.332 Definitions for ORS 366.332 and 366.333
Status: in_force

As used in this section and ORS 366.333 (Acquisition of utility real property) :

(1) “Real property” includes any right, title or interest in real property.

(2) “Utility” means any corporation, including municipal or quasi-municipal corporation, company, individual, association of individuals, lessee, trustee or receiver, that owns, operates, manages or controls all or part of any plant or equipment in this state, whether or not such plant or equipment or part thereof is wholly within or outside any city, which plant or equipment is used, directly or indirectly:

(a) For the conveyance of telegraph or telephone messages, with or without wires;

(b) For the transportation of water, gas or petroleum products by pipelines;

(c) For the production, transmission, delivery or furnishing of heat, light, water, power, electricity or electrical impulses; or

(d) For the transmission and delivery of television pictures and sound by cables. [1965 c.382 §2]

Source: Section 366.332 — Definitions for ORS 366.332 and 366.333 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html (accessed May 26, 2025).
ORS § 377.640 — OR Code / Title 31 / Chapter 377 / Section 377.640
377.640 Acquisition of land necessary to screen or relocate junkyards
Status: in_force

The Department of Transportation may acquire by purchase, agreement, donation, or the exercise of the power of eminent domain, such lands or interest in lands as may be necessary for the screening or the relocation, removal or disposal of junkyards. In exercising the power of eminent domain the department shall be governed by the provisions of ORS chapter 35. [1967 c.590 §9; 1971 c.741 §36]

Source: Section 377.640 — Acquisition of land necessary to screen or relocate junkyards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors377.­html (accessed May 26, 2025).
ORS § 366.161 — OR Code / Title 31 / Chapter 366 / Section 366.161
366.161 Prevention of wildlife-vehicle collisions
Status: in_force

(1) The Department of Transportation shall establish a program to reduce wildlife-vehicle collisions in areas where wildlife corridors identified in the Wildlife Corridor Action Plan by the State Department of Fish and Wildlife intersect with proposed or existing public roads. The program shall include, but need not be limited to, plans for creating or modifying road infrastructure in a manner that reduces wildlife-vehicle collisions and promotes public safety. The plans may include but need not be limited to the use of wildlife crossing structures and roadway fencing.

(2) To the extent practicable, the Department of Transportation shall coordinate with local governments, as defined in ORS 174.116 (“Local government” and “local service district” defined) , and the tribal governments for tribes and bands listed under ORS 172.110 (Members) , to achieve the goals of the program described in this section. [2019 c.272 §4]

Note: 366.161 (Prevention of wildlife-vehicle collisions) and 366.162 (Temporary coordination of efforts to prevent wildlife-vehicle collisions) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 366.161 — Prevention of wildlife-vehicle collisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html (accessed May 26, 2025).
ORS § 390.195 — OR Code / Title 31 / Chapter 390 / Section 390.195
390.195 Use of state correctional institution adult in custody labor for maintenance and improvement at state parks
Status: in_force

(1) The State Parks and Recreation Department shall use state correctional institution adult in custody labor to improve, maintain and repair buildings and property at state parks and recreation areas whenever feasible. The provisions of ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and ORS chapters 279A, 279B and 279C do not apply to the use of state correctional institution adult in custody labor under this section.

(2) The State Parks and Recreation Director shall assign and supervise the work of the state adults in custody who are performing the work described in subsection (1) of this section.

(3) Nothing in this section is intended to exempt the State Parks and Recreation Department from the provisions of ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) for any purpose other than the use of state correctional institution adult in custody labor. [1997 c.533 §1; 1999 c.59 §104; 2003 c.794 §270; 2019 c.213 §61]

Note: 390.195 (Use of state correctional institution adult in custody labor for maintenance and improvement at state parks) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 390.195 — Use of state correctional institution adult in custody labor for maintenance and improvement at state parks , https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html (accessed May 26, 2025).
ORS § 376.795 — OR Code / Title 31 / Chapter 376 / Section 376.795
376.795 Manner of assessment
Status: in_force

(1) Such assessment may be levied and bonds to represent unpaid assessments issued and sold substantially in the manner provided in ORS 223.005 (Appropriation and condemnation for public use within and without city limits) to 223.105 (Proceedings to condemn property for city improvements when owner and city disagree on price) and 223.205 (Scope and application) to 223.930 (Streets along city boundaries or partly within and without city) , and to the extent applicable, such law shall govern as to the preparation of the assessment, the lands subject to assessment, the hearing upon the assessment and the notice thereof, the confirmation and recordation of the assessment, the lien of the assessments, the notice of recordation, the collection of assessments, the issuance, sale and delivery of bonds upon unpaid assessments, the term of the bonds, the maximum interest rate thereon, the collection and enforcement of such bonds and all other matters to the extent applicable and except as provided in ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) .

(2) In so applying the provisions of ORS 223.005 (Appropriation and condemnation for public use within and without city limits) to 223.105 (Proceedings to condemn property for city improvements when owner and city disagree on price) and 223.205 (Scope and application) to 223.930 (Streets along city boundaries or partly within and without city) , the following provisions and exceptions shall apply:

(a) The limits provided by such law on the amount of the assessment shall not apply.

(b) The legislative body shall provide for the form of the bonds and of the principal and interest coupons to be attached thereto.

(c) The legislative body may provide that the redemption provision of the bonds shall require the payment of such premium as the legislative body may specify. [1961 c.666 §§27,28]

Source: Section 376.795 — Manner of assessment; sale of bonds representing unpaid assessments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html (accessed May 26, 2025).
ORS § 390.232 — OR Code / Title 31 / Chapter 390 / Section 390.232
390.232 Tax on government camping and recreational vehicle spaces
Status: in_force

(1) If a local government, as defined by ORS 174.116 (“Local government” and “local service district” defined) , imposes a tax on the rental of privately owned camping or recreational vehicle spaces, the local government shall also impose that tax on the rental of camping or recreational vehicle spaces that are owned by the state or a local government.

(2) Notwithstanding any timeline imposed by a local government for remitting tax receipts, a tax collected by the state or a local government pursuant to this section may be held by the collecting agency until the amount of money held by the agency equals or exceeds $100. Once the amount held by the collecting agency equals or exceeds $100, the agency shall remit the tax collected at the next following reporting period established by the local government for payment of the tax. A local government may not assess any penalty or interest against the state or a local government that withholds payments pursuant to this subsection. [1993 c.819 §1; 2005 c.610 §1]

Note: 390.232 (Tax on government camping and recreational vehicle spaces) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 390.232 — Tax on government camping and recreational vehicle spaces , https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html (accessed May 26, 2025).
ORS § 366.749 — OR Code / Title 31 / Chapter 366 / Section 366.749
366.749 Allocation of moneys resulting from increase in numbers of vehicle registrations, titles and trip permits due to specified actions by vehicle dealers and persons engaged in towing
Status: in_force

(1) Each year the Department of Transportation shall determine the increase in the number of vehicle registrations and titles that is attributable to ORS 803.565 (Removal of stickers upon sale of vehicle by dealer or towing business) and the increase in the number of trip permits issued under ORS 803.600 (Trip permits) that is attributable to the amendments to ORS 803.600 (Trip permits) by section 3, chapter 600, Oregon Laws 2003.

(2) Notwithstanding any other allocation of moneys to counties and cities under this chapter, the amount of moneys from the increases described in subsection (1) of this section shall be allocated 60 percent to counties and 40 percent to cities. Moneys allocated under this section shall be distributed in the same manner as moneys allocated to counties and cities under ORS 366.739 (Allocation of moneys to counties and cities generally) are distributed. [2003 c.618 §55]

Source: Section 366.749 — Allocation of moneys resulting from increase in numbers of vehicle registrations, titles and trip permits due to specified actions by vehicle dealers and persons engaged in towing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html (accessed May 26, 2025).
ORS § 368.920 — OR Code / Title 31 / Chapter 368 / Section 368.920
368.920 Expense of repairs as lien on abutting property
Status: in_force

The assessment mentioned in ORS 368.915 (Payment and reimbursement when county makes repairs) and interest are a lien upon the abutting property from the date of the filing with the county clerk of the order of the county governing body for the repairs under ORS 368.910 (Owner to repair sidewalks and curbs along road) . No transfer, sale or division of the abutting land, or change in its legal description, divests the lien from the whole of the original abutting land. Failure to enter the name of the owner or mistake in the name of the owner in the order for repairs in no way renders void any assessment and in no way affects the lien on the property described. The lien has priority over all other liens and encumbrances, except tax liens. Upon payment in full of the assessment and interest, the county sheriff shall enter satisfaction by a notation in the record kept by the county clerk, and the property is thereby discharged from the lien.

Source: Section 368.920 — Expense of repairs as lien on abutting property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors368.­html (accessed May 26, 2025).
ORS § 390.992 — OR Code / Title 31 / Chapter 390 / Section 390.992
390.992 Civil penalties
Status: in_force

(1) Any person who violates any provision of ORS 390.610 (Policy) , 390.620 (Pacific shore not to be alienated) to 390.676 (Schedule of civil penalties) , 390.690 (Title and rights of state unimpaired) and 390.705 (Prohibition against placing certain conduits across recreation area and against removal of natural products) to 390.770 (Vegetation line described) or any rule, order or permit adopted or issued under ORS 390.610 (Policy) , 390.620 (Pacific shore not to be alienated) to 390.676 (Schedule of civil penalties) , 390.690 (Title and rights of state unimpaired) and 390.705 (Prohibition against placing certain conduits across recreation area and against removal of natural products) to 390.770 (Vegetation line described) shall be subject to a civil penalty in an amount to be determined by the State Parks and Recreation Director of not more than $10,000 per day of violation.

(2) In addition to any other penalties provided under subsection (1) of this section, the State Parks and Recreation Department is vested with power to obtain injunctions and other appropriate relief against a person who violates any provisions of ORS 390.610 (Policy) , 390.620 (Pacific shore not to be alienated) to 390.676 (Schedule of civil penalties) , 390.690 (Title and rights of state unimpaired) and 390.705 (Prohibition against placing certain conduits across recreation area and against removal of natural products) to 390.770 (Vegetation line described) or any rule, order or permit adopted or issued under ORS 390.610 (Policy) , 390.620 (Pacific shore not to be alienated) to 390.676 (Schedule of civil penalties) , 390.690 (Title and rights of state unimpaired) and 390.705 (Prohibition against placing certain conduits across recreation area and against removal of natural products) to 390.770 (Vegetation line described) . [1999 c.373 §9]

Source: Section 390.992 — Civil penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html (accessed May 26, 2025).
ORS § 377.880 — OR Code / Title 31 / Chapter 377 / Section 377.880
377.880 Informational materials in roadside rest areas
Status: in_force

(1) As used in this section, “nonprofit organization” means an organization described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.

(2) A nonprofit organization may supply to the Department of Transportation, the State Parks and Recreation Department and the Travel Information Council copies of informational materials about human trafficking.

(3) The organization may not charge the agencies for the informational materials.

(4) The informational materials may not include information on topics other than human trafficking. The materials must be limited in content to objectively verifiable information, except that the materials may include logos, symbols, graphics or similar devices, and must include the following:

(a) At least one toll-free hotline telephone number;

(b) At least one hotline text messaging number; and

(c) Translated versions of the information in languages other than English that are most commonly spoken in this state.

(5) The form of the informational materials must include, but need not be limited to, posters.

(6) Except as provided in this subsection, each agency described in subsection (2) of this section shall allow informational materials to be posted in conspicuous locations in each roadside rest area that the agency manages, including, but not limited to, in each rest room stall. If an agency determines that the materials have offensive or inappropriate content, the agency may refuse to display the materials or otherwise assist in distributing the materials.

(7) Each agency described in subsection (2) of this section may administer a volunteer program to assist with posting and maintaining the informational materials described in this section. Each agency may adopt rules it considers necessary for the implementation of the volunteer program. [2017 c.646 §1]

Source: Section 377.880 — Informational materials in roadside rest areas; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors377.­html (accessed May 26, 2025).
ORS § 366.320 — OR Code / Title 31 / Chapter 366 / Section 366.320
366.320 Acquisition of rights of way and right of access
Status: in_force

(1) The Department of Transportation may acquire rights of way deemed necessary for all primary and secondary state highways, both within and without the corporate limits of cities and towns, except that such rights of way within the corporate limits of cities and towns may be acquired at the sole expense of the state, at the expense of the city or town or at the expense of the city or town and the state, as may be mutually agreed upon.

(2) The department may acquire by purchase, agreement, donation or by the exercise of the power of eminent domain, real property or any right or interest therein deemed necessary for rights of way, either for original location or for widening, straightening or otherwise changing any highway, road or street. The department may, when acquiring real property for right of way, acquire all right of access from abutting property to the highway to be constructed, relocated or widened.

(3) All rights of way owned or held by the several counties over and along any roads adopted as state highways are vested in the state, by and through the department. This subsection does not apply to any rights of way owned by any city for city streets. [Amended by 1953 c.252 §2]

Source: Section 366.320 — Acquisition of rights of way and right of access , https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html (accessed May 26, 2025).
ORS § 376.170 — OR Code / Title 31 / Chapter 376 / Section 376.170
376.170 Filing of answer by landowner
Status: in_force

(1) Any person owning land across which a way of necessity is proposed to be established under ORS 376.150 (Definitions for ORS 376.150 to 376.200) to 376.200 (Transfer of jurisdiction over establishment of ways of necessity to circuit court) may file an answer controverting any matter in the petition or report and alleging any new matter relevant to the proceedings. An answer filed under this subsection must be filed within 30 days after receipt of service of the petition and report. An answer shall be filed with the county governing body. The county governing body shall provide for service of the answer upon the petitioner in the manner provided for service of summons in an action at law.

(2) If an answer is filed under this section, the petitioner may file a reply controverting any matter presented in the answer. A reply filed under this section must be filed within 10 days after receipt of service of the answer by the petitioner. A reply shall be filed with the county governing body. The county governing body shall provide for service of the reply upon the person filing the answer in the manner provided for service of summons in an action at law. [1979 c.862 §4]

Source: Section 376.170 — Filing of answer by landowner; reply to answer by petitioner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html (accessed May 26, 2025).
ORS § 374.300 — OR Code / Title 31 / Chapter 374 / Section 374.300
374.300 Legislative intent
Status: in_force

It is the intent of the Legislative Assembly that the Department of Transportation, local governments and regional governments work collaboratively to achieve accessibility and mobility goals for a balanced transportation system. [1999 c.972 §1]

Source: Section 374.300 — Legislative intent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors374.­html (accessed May 26, 2025).
ORS § 382.330 — OR Code / Title 31 / Chapter 382 / Section 382.330
382.330 Operation of Adams Street-Glisan Street bridge in Portland
Status: in_force

(1) The Board of County Commissioners of Multnomah County shall operate, maintain and repair the bridge existing on February 25, 1913, across the Willamette River from Adams Street on the east side of the river to Glisan Street on the west side of the river, in Portland, subject to the terms and provisions of the lease executed by the Oregon-Washington Railroad and Navigation Company, party of the first part, and the City of Portland, party of the second part, dated October 9, 1912, and filed with the city auditor on October 19, 1912.

(2) The board of county commissioners may, from time to time, enter into leases or agreements with the owners of such bridge for the use of the upper deck and its approaches for highway purposes by the public and the operation of street cars thereon.

(3) In the event that no public service corporation makes any contract or agreement with the City of Portland for the operation of its street cars over the upper deck of such bridge or its approaches prior to February 25, 1913, the compensation to be paid by the public service corporation shall be fixed by and paid to the City of Portland, subject to the lease mentioned in subsection (1) of this section.

Source: Section 382.330 — Operation of Adams Street-Glisan Street bridge in Portland , https://www.­oregonlegislature.­gov/bills_laws/ors/ors382.­html (accessed May 26, 2025).
ORS § 381.305 — OR Code / Title 31 / Chapter 381 / Section 381.305
381.305 Authority conferred by ORS 381.205 to 381.300 is supplemental authority
Status: in_force

The authority conferred by ORS 381.205 (Construction, acquisition, maintenance and connection of interstate bridges by counties, cities, towns and ports) to 381.300 (Acquisition and operation of interstate ferry by bridge authority) is in addition and supplemental to the authority conferred by any other law.

Source: Section 381.305 — Authority conferred by ORS 381.205 to 381.300 is supplemental authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 374.420 — OR Code / Title 31 / Chapter 374 / Section 374.420
374.420 County throughways
Status: in_force

(1) The county court or board of county commissioners may acquire by purchase, agreement, donation or exercise of the power of eminent domain, fee title or any interest in real property, including easements of air, view, light and access, which is necessary for the construction of a throughway or the establishment of a section of an existing county road as a throughway.

(2) When right of way is acquired for a throughway after August 13, 1965, no rights in or to the throughway, including what is known as right of access, accrue to real property merely because the property abuts upon that part of the right of way so acquired. This subsection also applies to right of way acquired, prior to August 13, 1965, pursuant to ORS 374.420 (County throughways) to 374.430 (Action to prevent entering or leaving county roads in unauthorized manner) (1963 Replacement Parts).

(3) “Throughway,” as used in this section, means a proposed or existing county road especially designed for through traffic, which has been designated by resolution of the county court or board of county commissioners as a throughway, over, from or to which owners or occupants of abutting land or other persons have no easement of access or only a limited easement of access, light, air or view, merely because of the fact that their property abuts upon the throughway or for any other reason. [Amended by 1965 c.364 §1]

Source: Section 374.420 — County throughways; rights of abutting property owners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors374.­html (accessed May 26, 2025).
ORS § 390.835 — OR Code / Title 31 / Chapter 390 / Section 390.835
390.835 Highest and best use of waters within scenic waterways
Status: in_force

(1) It is declared that the highest and best uses of the waters within scenic waterways are recreation, fish and wildlife uses. The free-flowing character of these waters shall be maintained in quantities necessary for recreation, fish and wildlife uses. No dam, or reservoir, or other water impoundment facility shall be constructed on waters within scenic waterways. No water diversion facility shall be constructed or used except by right previously established or as permitted by the Water Resources Commission, upon a finding that such diversion is necessary to uses designated in ORS 536.310 (Purposes and policies to be considered in formulating state water resources program) (12), and in a manner consistent with the policies set forth under ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) . The Water Resources Commission shall administer and enforce the provisions of this subsection.

(2) Filling of the beds or removal of material from or other alteration of the beds or banks of scenic waterways for purposes other than recreational prospecting not requiring a permit shall be prohibited, except as permitted by the Director of the Department of State Lands upon a finding that such activity would be consistent with the policies set forth under ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) for scenic waterways and in a manner consistent with the policies set forth under ORS 196.800 (Definitions for ORS 196.600 to 196.921) to 196.825 (Criteria for issuance of permit) and 196.845 (Investigations and surveys) to 196.870 (Abatement proceedings) for removal of material from the beds and banks and filling of any waters of this state. The Director of the Department of State Lands shall administer and enforce the provisions of this subsection.

(3) Intentionally left blank —Ed.

(a) Upon a finding of emergency circumstances, the Director of the Department of State Lands may issue a temporary permit for the removal, filling or alteration of the beds or banks within a scenic waterway. The temporary permit shall include conditions developed after consultation with the State Department of Fish and Wildlife and the State Parks and Recreation Department.

(b) As used in this subsection, “emergency circumstances” exist if prompt action is necessary to prevent irreparable harm, injury or damage to persons or property.

(4) Any person adversely affected or aggrieved by the grant or denial of a permit under subsection (2) or (3) of this section may appeal in accordance with the procedure set forth in ORS 196.835 (Hearing regarding issuance of permit) .

(5) Nothing in ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) affects the authority of the State Fish and Wildlife Commission to construct facilities or make improvements to facilitate the passage or propagation of fish or to exercise other responsibilities in managing fish and wildlife resources. Nothing in ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) affects the authority of the Water Resources Commission to construct and maintain stream gauge stations and other facilities related to the commission’s duties in administration of the water laws.

(6) Upon a finding of necessity under subsection (1) of this section, the Water Resources Commission may issue a water right for human consumption not to exceed 0.005 cubic feet per second per household, or livestock consumption uses not to exceed one-tenth of one cubic foot per second per 1,000 head of livestock, as designated in ORS 536.310 (Purposes and policies to be considered in formulating state water resources program) (12) within or above a scenic waterway if the Water Resources Commission makes the following findings:

(a) That issuing the water right does not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(b) That issuing the water right is consistent with provisions pertaining to water appropriation and water rights under ORS chapters 536 and 537 and rules adopted thereunder.

(c) That construction, operation and maintenance of the diversion system will be carried out in a manner consistent with the purposes set forth in ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) .

(d) If the water right is for human consumption, an additional finding that:

(A) The applicant cannot reasonably obtain water from any other source;

(B) Denial of the water right would result in loss of reasonable expectations for use of the property; and

(C) The system installed to divert water shall include monitoring equipment to permit water use measurement and reporting.

(e) If the water right is for livestock consumption, an additional finding that:

(A) The right is necessary to prevent the livestock from watering in or along the stream bed;

(B) The applicant cannot reasonably obtain water from any other source; and

(C) The applicant has excluded livestock from the stream and its adjacent riparian zone.

(7) In making the findings required under subsection (6) of this section, the Water Resources Commission shall consider the existing or potential cumulative impacts of issuing the water right.

(8) The Water Resources Commission may not allow human consumption and livestock uses authorized under subsection (6) of this section in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless:

(a) The Water Resources Commission, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Department of State Lands unanimously agree to exceed that amount; and

(b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(9) Intentionally left blank —Ed.

(a) The provisions of this section shall not apply to a water right application for the use of ground water as defined in ORS 537.515 (Definitions for ORS 537.505 to 537.795 and 537.992) , except upon a finding by the Water Resources Director based on a preponderance of evidence that the use of ground water will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife.

(b) The Water Resources Department shall review every application for the use of ground water to determine whether to make the finding specified in paragraph (a) of this subsection. The finding shall be based upon the application of generally accepted hydrogeologic methods using relevant and available field information concerning the proposed use.

(c) In making the determination required by paragraph (a) of this subsection, the Water Resources Department shall consider the timing of projected impacts of the proposed use in relation to other factors, including but not limited to: Changing climate, recharge, incidental precipitation, out-of-stream appropriations and return flows.

(d) If the Water Resources Director makes the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order denying the application unless:

(A) Mitigation is provided in accordance with subsection (10) of this section; or

(B) The applicant submits evidence to overcome the finding under paragraph (a) of this subsection.

(e) Except as provided under subsection (13) of this section, if the Water Resources Director does not make the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order approving the application if the application otherwise meets the requirements of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) .

(f) A protest of any order issued under this subsection may be filed in the same manner as a protest on any application for a right to appropriate ground water.

(g) Each water right permit and certificate for appropriation of ground water issued after July 19, 1995, for which a source of appropriation is within or above a scenic waterway shall be conditioned to allow the regulation of the use if analysis of data available after the permit or certificate is issued discloses that the appropriation will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife in effect as of the priority date of the right or as those quantities may be subsequently reduced.

(h) Nothing in this subsection shall limit the use of ground water for a use exempted under ORS 537.545 (Exempt uses) .

(10) The Water Resources Commission or Water Resources Director shall consider mitigation measures and may include mitigation measures as conditions in any water right permit or certificate to ensure the maintenance of the free-flowing character of the scenic waterway in quantities necessary for recreation, fish and wildlife.

(11) The Water Resources Commission and the Water Resources Director shall carry out their responsibilities under ORS 536.220 (Policy on water resources generally) to 536.590 (Rights acquired prior to January 1, 1956, not affected) with respect to the waters within scenic waterways in conformity with the provisions of this section.

(12) As used in this section, “measurably reduce” means that the use authorized under subsection (9) of this section will individually or cumulatively reduce surface water flows within the scenic waterway in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless:

(a) The Water Resources Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Department of State Lands unanimously agree to exceed that amount; and

(b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(13) Before authorizing an appropriation that will reduce streamflows within a scenic waterway in amounts up to but not exceeding the amounts described in subsection (12) of this section, the Water Resources Director shall find:

(a) That the appropriation will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(b) That the appropriation is consistent with provisions pertaining to water appropriations and water rights under ORS chapters 536 and 537 and the rules adopted thereunder.

(c) That construction, operation and maintenance of the appropriation will be carried out in a manner consistent with the purposes set forth in ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) .

(14) No placer mining shall be permitted on waters within scenic waterways other than recreational placer mining.

(15) No person shall be required to obtain a permit for recreational prospecting resulting in the fill, removal or other alteration of less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material from within the bed or wet perimeter of any single scenic waterway in a single year. Recreational prospecting shall not occur at any site where fish eggs are present.

(16) No provision of this section shall be construed to exempt recreational placer mining on a scenic waterway, other than recreational prospecting not requiring a permit, from compliance with the provisions of ORS 196.800 (Definitions for ORS 196.600 to 196.921) to 196.825 (Criteria for issuance of permit) and 196.845 (Investigations and surveys) to 196.870 (Abatement proceedings) or rules adopted pursuant to ORS 196.800 (Definitions for ORS 196.600 to 196.921) to 196.825 (Criteria for issuance of permit) and 196.845 (Investigations and surveys) to 196.870 (Abatement proceedings) .

(17) Recreational placer mining, other than recreational prospecting not requiring a permit, shall not:

(a) Dam or divert a waterway or obstruct fish passage;

(b) Include nozzling, sluicing or digging outside the wet perimeter of the stream, nor extend the wet perimeter;

(c) Include movement of boulders, logs, stumps or other woody material from the wet perimeter other than movement by hand and nonmotorized equipment;

(d) Involve the disturbance of rooted or embedded woody plants, including trees and shrubs, regardless of their location;

(e) Include excavation from the streambank;

(f) Fail to level pits, piles, furrows or potholes outside the main channel of the waterway upon leaving the site;

(g) Include operation of a suction dredge without a suction dredge waste discharge permit from the Department of Environmental Quality including, but not limited to, a prohibition against dredging during periods when fish eggs could be in the dredging site gravel;

(h) Be conducted on federal lands except as allowed by agencies of the federal government;

(i) Impede boating;

(j) Include operation of a dredge between the hours of 6 p.m. and 8 a.m. within 500 feet of a residence or within 500 feet of a campground except within a federally designated recreational mining site; or

(k) Include operation of a dredge within the marked or posted swimming area of a designated campground or day use area except within a federally designated recreational mining site.

(18) As used in this section:

(a) “Bed” means the land within the wet perimeter and any adjacent nonvegetated dry gravel bar.

(b) “Prospecting” means to search or explore for samples of gold, silver or other precious minerals, using nonmotorized methods, from among small quantities of aggregate.

(c) “Recreational placer mining” includes, but is not limited to, the use of nonmotorized equipment and motorized surface dredges having an intake nozzle with an inside diameter not exceeding four inches, a motor no larger than 16 horsepower and a muffler meeting or exceeding factory-installed noise reduction standards. “Recreational placer mining” does not include recreational prospecting that does not require a permit.

(d) “Wet perimeter” means the area of the stream that is underwater, or is exposed as a nonvegetated dry gravel bar island surrounded on all sides by actively moving water at the time the activity occurs. [1971 c.1 §4; 1973 c.756 §1; 1977 c.671 §2; 1985 c.673 §177; 1989 c.320 §1; 1993 c.99 §1; 1995 c.223 §1; 1995 c.719 §1; 1997 c.223 §1; 1997 c.478 §1; 2001 c.499 §1]

Note: Operation of the amendments to 390.835 (Highest and best use of waters within scenic waterways) by section 8, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001, as amended by section 19, chapter 11, Oregon Laws 2009. The text that is operative after that approval is set forth for the user’s convenience.

390.835 (Highest and best use of waters within scenic waterways) . (1) It is declared that the highest and best uses of the waters within scenic waterways are recreation, fish and wildlife uses. The free-flowing character of these waters shall be maintained in quantities necessary for recreation, fish and wildlife uses. A dam, reservoir or other water impoundment facility may not be constructed on waters within scenic waterways. A water diversion facility may not be constructed or used except by right previously established or as permitted by the Water Resources Commission, upon a finding that such diversion is necessary to uses designated in ORS 536.310 (Purposes and policies to be considered in formulating state water resources program) (12), and in a manner consistent with the policies set forth under ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) . The Water Resources Commission shall administer and enforce the provisions of this subsection.

(2) Filling of the beds or removal of material from or other alteration of the beds or banks of scenic waterways for purposes other than recreational prospecting not requiring a permit shall be prohibited, except as permitted by the Director of the Department of State Lands upon a finding that such activity would be consistent with the policies set forth under ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) for scenic waterways and in a manner consistent with the policies set forth under ORS 196.800 (Definitions for ORS 196.600 to 196.921) to 196.825 (Criteria for issuance of permit) and 196.845 (Investigations and surveys) to 196.870 (Abatement proceedings) for removal of material from the beds and banks and filling of any waters of this state. The Director of the Department of State Lands shall administer and enforce the provisions of this subsection.

(3) Intentionally left blank —Ed.

(a) Upon a finding of emergency circumstances, the Director of the Department of State Lands may issue a temporary permit for the removal, filling or alteration of the beds or banks within a scenic waterway. The temporary permit shall include conditions developed after consultation with the State Department of Fish and Wildlife and the State Parks and Recreation Department.

(b) As used in this subsection, “emergency circumstances” exist if prompt action is necessary to prevent irreparable harm, injury or damage to persons or property.

(4) Any person adversely affected or aggrieved by the grant or denial of a permit under subsection (2) or (3) of this section may appeal in accordance with the procedure set forth in ORS 196.835 (Hearing regarding issuance of permit) .

(5) Nothing in ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) affects the authority of the State Fish and Wildlife Commission to construct facilities or make improvements to facilitate the passage or propagation of fish or to exercise other responsibilities in managing fish and wildlife resources. Nothing in ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) affects the authority of the Water Resources Commission to construct and maintain stream gauge stations and other facilities related to the commission’s duties in administration of the water laws.

(6) Upon a finding of necessity under subsection (1) of this section, the Water Resources Commission may issue a water right for human consumption not to exceed 0.005 cubic feet per second per household, or livestock consumption uses not to exceed one-tenth of one cubic foot per second per 1,000 head of livestock, as designated in ORS 536.310 (Purposes and policies to be considered in formulating state water resources program) (12) within or above a scenic waterway if the Water Resources Commission makes the following findings:

(a) That issuing the water right does not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(b) That issuing the water right is consistent with provisions pertaining to water appropriation and water rights under ORS chapters 536 and 537 and rules adopted thereunder.

(c) That construction, operation and maintenance of the diversion system will be carried out in a manner consistent with the purposes set forth in ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) .

(d) If the water right is for human consumption, an additional finding that:

(A) The applicant cannot reasonably obtain water from any other source;

(B) Denial of the water right would result in loss of reasonable expectations for use of the property; and

(C) The system installed to divert water shall include monitoring equipment to permit water use measurement and reporting.

(e) If the water right is for livestock consumption, an additional finding that:

(A) The right is necessary to prevent the livestock from watering in or along the stream bed;

(B) The applicant cannot reasonably obtain water from any other source; and

(C) The applicant has excluded livestock from the stream and its adjacent riparian zone.

(7) In making the findings required under subsection (6) of this section, the Water Resources Commission shall consider the existing or potential cumulative impacts of issuing the water right.

(8) The Water Resources Commission may not allow human consumption and livestock uses authorized under subsection (6) of this section in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless:

(a) The Water Resources Commission, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Department of State Lands unanimously agree to exceed that amount; and

(b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(9) Intentionally left blank —Ed.

(a) The provisions of this section do not apply to a water right application for the use of ground water as defined in ORS 537.515 (Definitions for ORS 537.505 to 537.795 and 537.992) , except upon a finding by the Water Resources Director based on a preponderance of evidence that the use of ground water will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife.

(b) The Water Resources Department shall review every application for the use of ground water to determine whether to make the finding specified in paragraph (a) of this subsection. The finding shall be based upon the application of generally accepted hydrogeologic methods using relevant and available field information concerning the proposed use.

(c) In making the determination required by paragraph (a) of this subsection, the Water Resources Department shall consider the timing of projected impacts of the proposed use in relation to other factors, including but not limited to: Changing climate, recharge, incidental precipitation, out-of-stream appropriations and return flows.

(d) If the Water Resources Director makes the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order denying the application unless:

(A) Mitigation is provided in accordance with subsection (10) of this section; or

(B) The applicant submits evidence to overcome the finding under paragraph (a) of this subsection.

(e) Except as provided under subsection (13) of this section, if the Water Resources Director does not make the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order approving the application if the application otherwise meets the requirements of ORS 537.505 (Short title) to 537.795 (ORS 537.505 to 537.795 supplementary) .

(f) A protest of any order issued under this subsection may be filed in the same manner as a protest on any application for a right to appropriate ground water.

(g) Each water right permit and certificate for appropriation of ground water issued after July 19, 1995, for which a source of appropriation is within or above a scenic waterway shall be conditioned to allow the regulation of the use if analysis of data available after the permit or certificate is issued discloses that the appropriation will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife in effect as of the priority date of the right or as those quantities may be subsequently reduced.

(h) This subsection does not limit the use of ground water for a use exempted under ORS 537.545 (Exempt uses) .

(10) The Water Resources Commission or Water Resources Director shall consider mitigation measures and may include mitigation measures as conditions in any water right permit or certificate to ensure the maintenance of the free-flowing character of the scenic waterway in quantities necessary for recreation, fish and wildlife.

(11) The Water Resources Commission and the Water Resources Director shall carry out their responsibilities under ORS 536.220 (Policy on water resources generally) to 536.590 (Rights acquired prior to January 1, 1956, not affected) with respect to the waters within scenic waterways in conformity with the provisions of this section.

(12) As used in this section, “measurably reduce” means that the use authorized under subsection (9) of this section will individually or cumulatively reduce surface water flows within the scenic waterway in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless:

(a) The Water Resources Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Department of State Lands unanimously agree to exceed that amount; and

(b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(13) Before authorizing an appropriation that will reduce streamflows within a scenic waterway in amounts up to but not exceeding the amounts described in subsection (12) of this section, the Water Resources Director shall find:

(a) That the appropriation will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(b) That the appropriation is consistent with provisions pertaining to water appropriations and water rights under ORS chapters 536 and 537 and the rules adopted thereunder.

(c) That construction, operation and maintenance of the appropriation will be carried out in a manner consistent with the purposes set forth in ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) .

(14) Placer mining is not permitted on waters within scenic waterways, other than recreational placer mining.

(15) A person may not be required to obtain a permit for recreational prospecting or other nonmotorized recreational activity resulting in the fill, removal or other alteration of less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material from within the bed or wet perimeter of any single scenic waterway in a single year. Recreational prospecting shall not occur at any site where fish eggs are present.

(16) This section does not exempt recreational placer mining on a scenic waterway, other than recreational prospecting not requiring a permit, from compliance with the provisions of ORS 196.800 (Definitions for ORS 196.600 to 196.921) to 196.825 (Criteria for issuance of permit) and 196.845 (Investigations and surveys) to 196.870 (Abatement proceedings) or rules adopted pursuant to ORS 196.800 (Definitions for ORS 196.600 to 196.921) to 196.825 (Criteria for issuance of permit) and 196.845 (Investigations and surveys) to 196.870 (Abatement proceedings) .

(17) Recreational placer mining may not:

(a) Dam or divert a waterway or obstruct fish passage;

(b) Include nozzling, sluicing or digging outside the wet perimeter of the stream, nor extend the wet perimeter;

(c) Include movement of boulders, logs, stumps or other woody material from the wet perimeter other than movement by hand and nonmotorized equipment;

(d) Involve the disturbance of rooted or embedded woody plants, including trees and shrubs, regardless of their location;

(e) Include excavation from the streambank;

(f) Fail to level pits, piles, furrows or potholes outside the main channel of the waterway upon leaving the site;

(g) Include operation of a suction dredge without a suction dredge waste discharge permit from the Department of Environmental Quality including, but not limited to, a prohibition against dredging during periods when fish eggs could be in the dredging site gravel;

(h) Be conducted on federal lands except as allowed by agencies of the federal government;

(i) Impede boating;

(j) Include operation of a dredge between the hours of 6 p.m. and 8 a.m. within 500 feet of a residence or within 500 feet of a campground except within a federally designated recreational mining site; or

(k) Include operation of a dredge within the marked or posted swimming area of a designated campground or day use area except within a federally designated recreational mining site.

(18) As used in this section:

(a) “Bed” means the land within the wet perimeter and any adjacent nonvegetated dry gravel bar.

(b) “Prospecting” means to search or explore for samples of gold, silver or other precious minerals, using nonmotorized methods, from among small quantities of aggregate.

(c) “Recreational placer mining” includes, but is not limited to, the use of nonmotorized equipment and motorized surface dredges having an intake nozzle with an inside diameter not exceeding four inches, a motor no larger than 16 horsepower and a muffler meeting or exceeding factory-installed noise reduction standards. “Recreational placer mining” does not include recreational prospecting that does not require a permit.

(d) “Wet perimeter” means the area of the stream that is underwater, or is exposed as a nonvegetated dry gravel bar island surrounded on all sides by actively moving water at the time the activity occurs.

Note: Sections 3 and 4, chapter 499, Oregon Laws 2001, provide:

Sec. 3. In order to make recommendations to better achieve the objectives and enhance the effectiveness of the Oregon Scenic Waterways System, the State Parks and Recreation Department shall complete a review of the system administered under ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) , including a review of the studies pertaining to the effects of recreational placer mining within scenic waterways. At the request of the State Parks and Recreation Department, the Department of State Lands, the Water Resources Department, the State Department of Fish and Wildlife, the State Marine Board and the Department of Environmental Quality shall assist in the review. The State Parks and Recreation Department may also request interested public parties to assist in the review. [2001 c.499 §3]

Sec. 4. Notwithstanding ORS 390.835 (Highest and best use of waters within scenic waterways) , a permit or temporary permit for dredging issued by the Department of State Lands for the purpose of recreational placer mining within a scenic waterway is not valid after December 31, 2003, if the review described in section 3 of this 2001 Act has been completed and reported to the Seventy-second Legislative Assembly or, if the review has not been completed and reported to the Seventy-second Legislative Assembly, after December 31, 2005. [2001 c.499 §4]

Source: Section 390.835 — Highest and best use of waters within scenic waterways; prohibitions; authority of various agencies; water rights; conditions; recreational prospecting; placer mining , https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html (accessed May 26, 2025).
ORS § 376.760 — OR Code / Title 31 / Chapter 376 / Section 376.760
376.760 Effect of objections by landowners
Status: in_force

(1) If the owners of lands abutting on the proposed pedestrian mall representing 10 percent of the frontage on the proposed pedestrian mall have made written objection to the establishment of the proposed pedestrian mall, the legislative body shall so find and shall terminate the proceedings for such establishment. In such event no proceeding under ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) for the establishment of the same or substantially the same pedestrian mall shall be commenced within one year after such termination.

(2) If assessments are to be levied as contemplated by ORS 376.735 (Contents of resolution when landowners to be paid for damages by assessments on benefited property) , then if the owners of more than 10 percent of the area of land included within the district described in the resolution of intention and subject to assessment have made written objection to the establishment of the proposed pedestrian mall, the legislative body shall so find and in that event the legislative body may continue with proceedings for the establishment of the pedestrian mall but shall have no power to make any assessment upon benefited property to pay damages. In such event no proceeding under ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) for the levy of assessments upon benefited property to pay damages in connection with the establishment of the same or substantially the same pedestrian mall shall be commenced within one year after such finding. [1961 c.666 §§16,17]

Source: Section 376.760 — Effect of objections by landowners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html (accessed May 26, 2025).
ORS § 367.560 — OR Code / Title 31 / Chapter 367 / Section 367.560
367.560 Disposition and use of general obligation bond proceeds
Status: in_force

All moneys obtained from the sale of general obligation bonds under ORS 367.555 (Authority to issue general obligation bonds) to 367.600 (Compliance with constitutional debt limits) must be paid over to the State Treasurer and credited by the State Treasurer to either the State Highway Fund or the Toll Program Fund. Such moneys may be used only for the purposes for which the bonds were authorized to be sold and, pending the use of the moneys, may be invested as provided by law. [1973 c.698 §3; 2003 c.201 §20; 2021 c.630 §156]

Source: Section 367.560 — Disposition and use of general obligation bond proceeds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors367.­html (accessed May 26, 2025).
ORS § 390.895 — OR Code / Title 31 / Chapter 390 / Section 390.895
390.895 Use of federal funds
Status: in_force

In addition to State of Oregon funds available for the purposes of ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) , the State Parks and Recreation Department shall use such portion of moneys made available to it by the Bureau of Outdoor Recreation and other federal agencies, including matching funds, as the department determines are necessary and available to carry out the purposes of ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) . [1971 c.1 §10]

Source: Section 390.895 — Use of federal funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html (accessed May 26, 2025).
ORS § 381.505 — OR Code / Title 31 / Chapter 381 / Section 381.505
381.505 Registering bonds
Status: in_force

The county treasurer shall keep a register of all the bonds issued or sold under ORS 381.405 (“Construct,” “construction” and “county court” defined) to 381.520 (Tax to pay bond interest and principal) , noting therein the number of bonds, amount, date of issuance, date of sale and such facts as in the judgment of the county treasurer serve to keep an accurate record of the bonds so issued and sold.

Source: Section 381.505 — Registering bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 390.855 — OR Code / Title 31 / Chapter 390 / Section 390.855
390.855 Designation of additional scenic waterways
Status: in_force

The State Parks and Recreation Department shall undertake a continuing study and submit periodic reports to the Governor, with the concurrence of the Water Resources Commission, recommending the designation of additional rivers or segments of rivers and related adjacent land by the Governor as scenic waterways subject to the provisions of ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) . Consistent with such recommendation, the Governor may designate any river or segment of a river and related adjacent land as a scenic waterway subject to the provisions of ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) . The department shall consult with the State Fish and Wildlife Commission, the State Department of Agriculture, the Environmental Quality Commission, the Department of State Lands, and such other persons or agencies as it considers appropriate. The State Parks and Recreation Department shall conduct hearings in the counties in which the proposed additional rivers or segments of rivers are located. The following criteria shall be considered in making such report:

(1) The river or segment of river is relatively free-flowing and the scene as viewed from the river and related adjacent land is pleasing, whether primitive or rural-pastoral, or these conditions are restorable.

(2) The river or segment of river and its setting possess natural and recreation values of outstanding quality.

(3) The river or segment of river and its setting are large enough to sustain substantial recreation use and to accommodate existing uses without undue impairment of the natural values of the resource or quality of the recreation experience. [1971 c.1 §6]

Source: Section 390.855 — Designation of additional scenic waterways , https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html (accessed May 26, 2025).
ORS § 377.800 — OR Code / Title 31 / Chapter 377 / Section 377.800
377.800 Tourist and motorist informational signs
Status: in_force

(1) For the convenience and information of the traveling public, a person may upon obtaining a permit therefor display messages as may be allowed by rule adopted by the Travel Information Council for the particular type of sign on a motorist informational sign, tourist oriented directional sign or logo sign or at a sign plaza or travel plaza.

(2) The Travel Information Council may not erect a travel plaza on public lands without first obtaining consent from the agency that owns the land. [1971 c.770 §9; 1973 c.790 §18; 1975 c.336 §13; 1983 c.111 §4; 2007 c.199 §25]

Source: Section 377.800 — Tourist and motorist informational signs; logo signs; sign and travel plazas , https://www.­oregonlegislature.­gov/bills_laws/ors/ors377.­html (accessed May 26, 2025).
ORS § 374.302 — OR Code / Title 31 / Chapter 374 / Section 374.302
374.302 Definitions for ORS 374.302 to 374.334
Status: in_force

As used in ORS 374.302 (Definitions for ORS 374.302 to 374.334) to 374.334 (Access management strategy) :

(1) “Approach road” includes a private road that crosses a state highway or a county road.

(2) “Channelization” means the roadway lane configuration necessary to safely accommodate turning movements from the highway to an intersecting approach.

(3) “District highway” means a state highway that has been classified by the Oregon Transportation Commission as a district highway.

(4) “Expressway” means a state highway that has been designated by the commission as an expressway.

(5) “Interstate highway” means a state highway that has been classified by the commission as an interstate highway.

(6) “Move in the direction of” means a change in an approach to a property abutting the highway that would bring a property closer to conformance with existing highway standards.

(7) “Peak hour” means the hour during which the highest volume of traffic enters and exits the property during a typical week.

(8) “Private approach” means an approach that serves one or more properties and that is not a public approach.

(9) “Private road crossing” means a privately owned road designed for use by trucks that are prohibited by law from using state highways, county roads or other public highways.

(10) “Public approach” means an existing or planned city street or county road connection that provides vehicular access to and from a highway.

(11) “Regional highway” means a state highway that has been classified by the commission as a regional highway.

(12) “Sight distance” means a length of highway that a driver can see with an acceptable level of clarity.

(13) “State highway” means a highway that is under the jurisdiction of the Department of Transportation.

(14) “Statewide highway” means a state highway that has been classified by the commission as a statewide highway.

(15) “Trip” means a one-way vehicular movement that consists of a motor vehicle entering or exiting a property.

(16) “Unincorporated community” means a settlement that is not incorporated as a city and that lies outside the urban growth boundary of any city. [2011 c.330 §2]

Source: Section 374.302 — Definitions for ORS 374.302 to 374.334 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors374.­html (accessed May 26, 2025).
ORS § 381.660 — OR Code / Title 31 / Chapter 381 / Section 381.660
381.660 Use of tolls to pay bonded indebtedness and bridge maintenance
Status: in_force

(1) Tolls shall be fixed, charged and collected for passage over the bridge mentioned in ORS 381.605 (City construction, operation and financing of interstate bridges) , and shall be so fixed and adjusted as to provide a fund sufficient to pay the principal and interest of the bonds issued for such bridge and an additional fund to pay the cost of maintaining, repairing and operating such bridge.

(2) The tolls, except such part thereof as may be necessary to pay the cost of maintaining, repairing and operating the bridge, shall be placed in a special fund, which is pledged to and charged with the payment of the bonds and the interest thereon.

Source: Section 381.660 — Use of tolls to pay bonded indebtedness and bridge maintenance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 376.755 — OR Code / Title 31 / Chapter 376 / Section 376.755
376.755 Objections to mall
Status: in_force

(1) Not later than the hour set for hearing any interested person may, severally or with others, file with the city recorder written objection to the establishment of the proposed pedestrian mall or to the extent of any district described pursuant to ORS 376.735 (Contents of resolution when landowners to be paid for damages by assessments on benefited property) , or both. Any protest or objection may be withdrawn at any time by written notice of such withdrawal filed with the city recorder with the same effect as if it had never been made.

(2) Not later than the hour set for hearing any person owning, or having any legal or equitable interest in, any real property which might suffer legal damage by reason of the establishment of the proposed pedestrian mall may file with the city recorder a written claim of damages. Such written claim must describe the real property as to which the claim is made, must state the exact nature of the claimant’s interest therein, must state the nature of the claimed damage thereto, and must state the amount of damages claimed. Any such claim may be withdrawn by the claimant at any time by written withdrawal with the same effect as if it had never been filed.

(3) Anything in ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) to the contrary notwithstanding, nothing in ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) shall be construed or interpreted as creating any right in any person to damages or compensation by reason of the establishment of a pedestrian mall, it being the intention of the Legislative Assembly in enacting ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) to provide an orderly method for the determination and payment only of such damages and compensation as are required by the Constitutions of the State of Oregon and the United States of America. In this connection the Legislative Assembly hereby expressly declares that it is its intention that to the extent to which the establishment of a pedestrian mall is justifiable as an exercise of the police power for which no compensation is constitutionally required, no damages or compensation shall be allowed in any action. [1961 c.666 §§13,14,24]

Source: Section 376.755 — Objections to mall; claims for damages; right to damages not created , https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html (accessed May 26, 2025).
ORS § 367.850 — OR Code / Title 31 / Chapter 367 / Section 367.850
367.850 Alternatives to meeting funding requirements of transportation planning rule
Status: in_force

(1) Subject to the limitations in subsection (2) of this section, if a local government is unable to meet the funding requirements of the transportation planning rule adopted by the Land Conservation and Development Commission, the local government may:

(a) Apply for an extension of time to meet the requirements;

(b) Submit a plan to the Oregon Transportation Commission and the Department of Transportation proposing alternative methods of funding that will meet the standards adopted by the Oregon Transportation Commission; or

(c) Apply to the Department of Transportation:

(A) To adjust various traffic performance measures during an interim period prior to completion of construction of the development in question for a period of no more than 20 years; or

(B) To allow various types of traffic performance measures other than a volume to capacity ratio.

(2) The Oregon Transportation Commission may not approve more than four applications for extension or alternative plans in each Department of Transportation region in a calendar year. For purposes of this subsection, the regions are as follows:

(a) Region one consists of Clackamas, Columbia, Hood River, Multnomah and Washington Counties.

(b) Region two consists of Benton, Clatsop, Lane, Lincoln, Linn, Marion, Polk, Tillamook and Yamhill Counties.

(c) Region three consists of Coos, Curry, Douglas, Jackson and Josephine Counties.

(d) Region four consists of Crook, Deschutes, Gilliam, Jefferson, Klamath, Lake, Sherman, Wasco and Wheeler Counties.

(e) Region five consists of Baker, Grant, Harney, Malheur, Morrow, Umatilla, Union and Wallowa Counties.

(3) The Oregon Transportation Commission shall adopt rules for the administration of this section. In adopting rules, the commission may not define under what circumstances a local government is considered to be able to meet the funding requirements of the transportation planning rule adopted by the Land Conservation and Development Commission. [2009 c.589 §1]

Note: 367.850 (Alternatives to meeting funding requirements of transportation planning rule) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 367 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 367.850 — Alternatives to meeting funding requirements of transportation planning rule; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors367.­html (accessed May 26, 2025).
ORS § 377.838 — OR Code / Title 31 / Chapter 377 / Section 377.838
377.838 Authority of executive director of Travel Information Council
Status: in_force

(1) Except as provided in subsection (2) of this section, in carrying out the duties, functions and powers of the Travel Information Council, the executive director of the Travel Information Council may contract with any state agency for the performance of such duties, functions and powers as the council considers appropriate.

(2) The executive director may not, without the prior approval of the council:

(a) Award any contract for goods or professional services in excess of $25,000; or

(b) Authorize any expenditure of moneys in excess of $25,000.

(3) The council shall file with the Governor, the Legislative Assembly and the Legislative Fiscal Officer an annual report of the activities and operations of the council. [1993 c.745 §5; 1993 c.741 §64b; 2011 c.630 §3; 2017 c.105 §5]

Source: Section 377.838 — Authority of executive director of Travel Information Council , https://www.­oregonlegislature.­gov/bills_laws/ors/ors377.­html (accessed May 26, 2025).
ORS § 366.323 — OR Code / Title 31 / Chapter 366 / Section 366.323
366.323 Studies to aid in relocating persons displaced by highway acquisition
Status: in_force

When plans of the Department of Transportation projected for one year involve acquisition of properties in any city which will require removal of 25 or more dwelling units, businesses or institutions, the Department of Transportation shall make a study of the persons residing on or maintaining businesses or institutions on property scheduled for highway acquisition. Such studies shall be kept current until the premises required for highway acquisition are vacated. The department shall obtain such other information as it finds appropriate to aid in the relocation of persons displaced by the highway acquisition, and may extend its studies beyond city boundaries when the highway acquisition will involve dwellings, businesses or institutions within three miles of a city boundary. Such information shall be made available to the persons displaced and to other persons who may provide or assist in providing new locations. This section shall apply whether the highway acquisitions will be paid for in whole or in part from state funds either directly or by reimbursement. The Department of Transportation may contract with any governmental subdivision or agency, or with private concerns to make and maintain such studies, or may employ necessary assistants therefor. [1959 c.648 §1; 1963 c.187 §1]

Source: Section 366.323 — Studies to aid in relocating persons displaced by highway acquisition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html (accessed May 26, 2025).
ORS § 368.261 — OR Code / Title 31 / Chapter 368 / Section 368.261
368.261 Order to abate road hazard
Status: in_force

(1) A county road official may order a person who is in violation of ORS 368.256 (Creation of road hazard prohibited) to remove, divert or otherwise discontinue the violation.

(2) An order issued under this section shall:

(a) Describe the nature and location of the violation;

(b) Direct the person to abate the violation within a specified period of time;

(c) Explain procedures the county road official may follow if the violation creates an emergency; and

(d) Explain that a hearing will be held under ORS 368.266 (Hearing on abatement of road hazard) if the violation is not abated.

(3) If a violation of ORS 368.256 (Creation of road hazard prohibited) is not abated within the time allowed by the order issued under this section, the county governing body shall hold a hearing described in ORS 368.266 (Hearing on abatement of road hazard) . [1981 c.153 §28]

Source: Section 368.261 — Order to abate road hazard , https://www.­oregonlegislature.­gov/bills_laws/ors/ors368.­html (accessed May 26, 2025).
ORS § 366.325 — OR Code / Title 31 / Chapter 366 / Section 366.325
366.325 Rights of way through cemeteries
Status: in_force

The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain, real property for right of way through a cemetery, except that the department has no authority to acquire any such real property by exercise of the power of eminent domain if within the area sought to be taken there are graves which would be disturbed by the location and construction of a highway. The department may acquire by purchase, agreement, donation or exercise of the power of eminent domain, real property contiguous to the cemetery, and may convey such real property to the cemetery association or the owners of the cemetery in exchange for the property sought to be acquired for right of way purposes, but such authority shall not be exercised unless and until the owners of the cemetery agree in writing to the exchange of lands.

Source: Section 366.325 — Rights of way through cemeteries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html (accessed May 26, 2025).
ORS § 367.080 — OR Code / Title 31 / Chapter 367 / Section 367.080
367.080 Connect Oregon Fund
Status: in_force

(1) As used in ORS 367.080 (Connect Oregon Fund) to 367.086 (Administration of projects) :

(a) “Private entity” means any entity that is not a public body, including but not limited to a corporation, partnership, company, nonprofit organization or other legal entity or natural person.

(b) “Public body” has the meaning given that term in ORS 174.109 (“Public body” defined) .

(c) Intentionally left blank —Ed.

(A) “Transportation project” means a project or undertaking for rail, marine or aviation capital infrastructure, including bridges, or a project that facilitates the transportation of materials, animals or people.

(B) A transportation project does not include costs associated with operating expenses.

(2) The Connect Oregon Fund is established in the State Treasury, separate and distinct from the General Fund. Earnings on moneys in the Connect Oregon Fund shall be deposited into the fund. Moneys in the Connect Oregon Fund are continuously appropriated to the Department of Transportation for the purposes described in subsection (3) of this section and in ORS 367.086 (Administration of projects) . The fund consists of the following:

(a) Moneys transferred to the fund under ORS 320.435 (Deposit and transfers of revenue from motor vehicle privilege and use taxes) .

(b) Moneys appropriated to the fund by the Legislative Assembly.

(c) Earnings on moneys in the fund.

(d) Lottery bond proceeds.

(e) Moneys from any other source.

(3) The department shall use moneys in the Connect Oregon Fund to provide grants for transportation projects as provided in ORS 367.080 (Connect Oregon Fund) to 367.086 (Administration of projects) . Grants may be provided only for projects that involve one or more of the following modes of transportation:

(a) Aviation;

(b) Marine; and

(c) Rail. [2005 c.816 §1; 2013 c.765 §1; 2015 c.707 §1; 2017 c.750 §78; 2019 c.491 §20]

Note: 367.080 (Connect Oregon Fund) to 367.086 (Administration of projects) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 367 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Section 71f, chapter 750, Oregon Laws 2017, provides:

Sec. 71f. (1) Notwithstanding ORS 367.080 (Connect Oregon Fund) to 367.089 [series became 367.080 (Connect Oregon Fund) to 367.086 (Administration of projects) ] and subject to subsection (3) of this section and the availability of funds, the Department of Transportation shall first distribute the moneys in the Connect Oregon Fund, other than moneys dedicated for purposes described in Article XV, section 4a, of the Oregon Constitution, for the projects listed in subsection (2) of this section.

(2) The department shall distribute the following amounts for the projects listed below:

(a) Mid-Willamette Valley

Intermodal Facility $ 25 million

(b) Treasure Valley

Intermodal Facility $ 26 million

(c) Rail expansion in

East Beach Industrial

Park at the

Port of Morrow $ 6.55 million

(d) Extend rail

siding along the Amtrak

Cascade line in Oregon

south of the City

of Portland $ 2.6 million

(3) No later than January 1, 2020, to receive a distribution under this section, a potential recipient of moneys shall prepare and submit a plan to the Oregon Transportation Commission. At a minimum, the plan submitted must certify when and how the potential recipient plans to spend the moneys for the project with no more than five percent of the allocated funds to be available to recipients for development of the plan. The commission shall promptly review any submitted plans and if the commission approves the plan, the Department of Transportation shall distribute the moneys after adopting an agreement with the recipient. The agreement shall follow rules adopted by the commission for projects that receive grants from the Connect Oregon Fund.

(4) After the distributions, if any, are made under this section, the remainder of the moneys in the Connect Oregon Fund shall be distributed as described in ORS 367.080 (Connect Oregon Fund) to 367.089. [2017 c.750 §71f; 2019 c.491 §10]

Source: Section 367.080 — Connect Oregon Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors367.­html (accessed May 26, 2025).
ORS § 368.915 — OR Code / Title 31 / Chapter 368 / Section 368.915
368.915 Payment and reimbursement when county makes repairs
Status: in_force

(1) After the repairs mentioned in ORS 368.910 (Owner to repair sidewalks and curbs along road) have been completed the county governing body shall compute the cost to which may be added up to 10 percent of the cost for administration. Payment for the repairs shall be made from the general fund of the county.

(2) The fund drawn upon for the repairs shall be reimbursed by an assessment of the total cost against the abutting property. After the owner has been given notice and an opportunity to be heard, the county governing body shall by order determine the cost to be assessed against the abutting property. Notice of the determination of the assessment shall be mailed to the owner within 10 days after the cost is determined. The county governing body shall certify the order to the county assessor and shall record the order with the county clerk. The clerk shall indorse on the order the date of filing and record and index it in the special books kept by the clerk for such purpose.

Source: Section 368.915 — Payment and reimbursement when county makes repairs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors368.­html (accessed May 26, 2025).
ORS § 376.525 — OR Code / Title 31 / Chapter 376 / Section 376.525
376.525 Assessment of damages
Status: in_force

In assessing damages under ORS 376.510 (Right to acquire and condemn land for logging road) , full compensation shall be allowed for the value of the land appropriated and all other injury and damage which the owner may suffer by reason of the appropriation of the land.

Source: Section 376.525 — Assessment of damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html (accessed May 26, 2025).
ORS § 376.715 — OR Code / Title 31 / Chapter 376 / Section 376.715
376.715 Construction of Pedestrian Mall Law
Status: in_force

(1) ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) and all of their provisions shall be liberally construed to the end that their purpose may be effective.

(2) Any proceedings taken pursuant to ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) shall not be held invalid for failure to comply with the provisions of ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) , if the acts done and proceedings taken are not invalid under the state or federal Constitution. [Enacted as part of 1961 c.666 §5]

Source: Section 376.715 — Construction of Pedestrian Mall Law; validity of proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html (accessed May 26, 2025).
ORS § 377.707 — OR Code / Title 31 / Chapter 377 / Section 377.707
377.707 Identifying location of signs on construction plans
Status: in_force

(1) The Department of Transportation shall ensure that all construction and engineering plans for state highways identify the locations of motorist informational signs, tourist oriented directional signs and logo signs. The department shall adopt written plans for protecting the signs from damage during construction.

(2) If any sign specified in subsection (1) of this section is damaged, destroyed or lost as a result of work on a highway done by the department, the department shall repair or replace the sign. [2001 c.402 §2]

Note: 377.707 (Identifying location of signs on construction plans) was added to and made a part of 377.700 (Short title) to 377.844 (Enforcement of rules regarding health and safety) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 377.707 — Identifying location of signs on construction plans; repair or replacement of damaged signs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors377.­html (accessed May 26, 2025).
ORS § 374.320 — OR Code / Title 31 / Chapter 374 / Section 374.320
374.320 Removal or repair of installation on right of way at expense of applicant
Status: in_force

(1) Upon failure of the applicant to construct or maintain the particular approach road, facility, thing or appurtenance in accordance with the rules and regulations and the conditions of the permit, the Department of Transportation or the county governing body shall, after the expiration of 30 days following the transmittal of a written notice to the applicant, at applicant’s expense, remove all such installations from the right of way or reconstruct, repair or maintain any such installation in accordance with or as required by such rules and regulations and the conditions of such permit. This expense may be recovered from the applicant by the state or county in any court of competent jurisdiction.

(2) Notwithstanding subsection (1) of this section, if the Department of Transportation, county governing body or designated agent of the department or governing body, whichever is applicable, determines that a traffic or pedestrian hazard is created by the noncompliance which causes imminent danger of personal injury, it may:

(a) Order the construction removed, repaired or maintained to eliminate the hazard, within 24 hours after delivery of written notice to the applicant, and to the owner of the property on which the noncompliance occurred.

(b) If the hazard is not removed within the time set under paragraph (a) of this subsection, remove the hazard and recover the expenses of any removal, repair or maintenance from the applicant in any court of competent jurisdiction. [Amended by 1955 c.424 §3; 1979 c.873 §2]

Source: Section 374.320 — Removal or repair of installation on right of way at expense of applicant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors374.­html (accessed May 26, 2025).
ORS § 381.611 — OR Code / Title 31 / Chapter 381 / Section 381.611
381.611 Bond election
Status: in_force

(1) This section establishes the procedure for determining whether a city shall issue bonds for the construction of an interstate bridge under ORS 381.605 (City construction, operation and financing of interstate bridges) . The question shall be decided by election. The city council:

(a) May order the election on its own resolution; or

(b) Shall order the election when a petition is filed as provided in this section.

(2) The order of the city council calling the election shall set out the amount of bonds proposed to be issued, the length of time they shall run and the maximum rate of interest they shall bear.

(3) The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS 250.265 (Prospective petition) to 250.346 (Retention of petition materials) , except that notwithstanding ORS 250.325 (Procedure following filing of initiative petition) , the council shall not consider adoption or rejection of the measure before submitting the measure to the city electors.

(4) Notwithstanding subsection (3) of this section, if ORS 250.255 (Application of ORS 250.265 to 250.346) makes ORS 250.265 (Prospective petition) to 250.346 (Retention of petition materials) inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the city charter or an ordinance adopted under the city charter.

(5) An election under this section shall be held on a date specified in ORS 221.230 (Election dates) . The election shall be conducted under ORS chapters 246 to 260. [1983 c.350 §251 (enacted in lieu of 381.610)]

Source: Section 381.611 — Bond election; petition requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 366.425 — OR Code / Title 31 / Chapter 366 / Section 366.425
366.425 Deposit of moneys for highway work
Status: in_force

(1) Any county, city or road district of the state or any person, firm or corporation may deposit moneys in the State Treasury or may deposit with the Department of Transportation an irrevocable letter of credit approved by the department for laying out, surveying, locating, grading, surfacing, repairing or doing other work upon any public highway within the state under the direction of the department. When any money or a letter of credit is deposited with the department under this subsection, the department shall proceed with the proposed highway project.

(2) Money deposited under subsection (1) of this section shall be disbursed for the purpose for which it was deposited upon a voucher approved by the department and a warrant. [Amended by 1967 c.454 §38; 1979 c.365 §1]

Source: Section 366.425 — Deposit of moneys for highway work , https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html (accessed May 26, 2025).
ORS § 368.039 — OR Code / Title 31 / Chapter 368 / Section 368.039
368.039 Road standards adopted by local government supersede standards in fire codes
Status: in_force

(1) When the governing body of a county or city adopts specifications and standards, including standards for width, for roads and streets under the jurisdiction of the governing body, such specifications and standards shall supersede and prevail over any specifications and standards for roads and streets that are set forth in a uniform fire code adopted by the State Fire Marshal, a municipal fire department or a county firefighting agency.

(2) This section applies to specifications and standards for roads and streets adopted by the governing body of a county or city in a charter, acknowledged comprehensive plan or ordinance adopted pursuant to ORS chapter 92, 203, 221 or 368.

(3) Before adopting or amending any comprehensive plan, land use regulation or ordinance that establishes specifications and standards for roads and streets, a governing body of a county or city shall consult with the municipal fire department or other local firefighting agency concerning the proposed specifications and standards. The county or city governing body shall consider the needs of the fire department or firefighting agency when adopting the final specifications and standards. [1997 c.409 §1]

Note: 368.039 (Road standards adopted by local government supersede standards in fire codes) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 368 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 368.039 — Road standards adopted by local government supersede standards in fire codes; consultation with fire agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors368.­html (accessed May 26, 2025).
ORS § 367.635 — OR Code / Title 31 / Chapter 367 / Section 367.635
367.635 Bond form, issuance and maturity
Status: in_force

(1) A bond issued under ORS 367.615 (Bond issuance) :

(a) Must contain on its face a statement that the ad valorem taxing power of this state or any political subdivision of this state is not pledged to the payment of the principal or the interest on the bond.

(b) Shall be issued as provided in ORS chapter 286A.

(c) Must mature on or before a date determined by calculation of the expected economic life of the improvements, assets and projects financed with the proceeds of the bonds. Subject to this paragraph, the time bonds mature may be as established by indenture under ORS 367.640 (Indenture) .

(2) The State Treasurer shall determine, in consultation with the department and consistent with ORS chapter 286A, all aspects relating to the sale of bonds under ORS 367.615 (Bond issuance) that are not otherwise specifically provided, including rate of interest and discount, if any. [1985 c.551 §6; 2003 c.201 §26; 2007 c.783 §172]

Source: Section 367.635 — Bond form, issuance and maturity; provisions subject to determination of State Treasurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors367.­html (accessed May 26, 2025).
ORS § 371.625 — OR Code / Title 31 / Chapter 371 / Section 371.625
371.625 Investigation and estimation of cost of improvement by engineer
Status: in_force

When the resolution is adopted or the petition is filed with it, the county court shall refer the resolution or petition to the engineer, who shall investigate the proposed improvement. If in the judgment of the engineer the improvement is feasible, the engineer shall make an estimate of the cost of the improvement and report the same to the county court. If the improvement is to be paid for in whole or in part by special assessments against property benefited by the improvement, the engineer shall include in the report:

(1) A recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to the properties specially benefited;

(2) The description and assessed value of each lot, parcel of land or portion thereof, to be specially benefited by the improvement, with the names of the record owners thereof; and

(3) Where the improvement petitioned for includes the construction and installation of lateral sewers, street mains or similar facilities, a separate statement of the estimated cost of the construction and installation of lateral sewers, street mains or similar facilities. [Amended by 1971 c.327 §2; 1973 c.461 §2]

Source: Section 371.625 — Investigation and estimation of cost of improvement by engineer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors371.­html (accessed May 26, 2025).
ORS § 371.323 — OR Code / Title 31 / Chapter 371 / Section 371.323
371.323 Election of first commissioners
Status: in_force

If a proposal for formation of a special road district is approved and the proposal specifies an elected district board of commissioners, members of the district board of commissioners shall be elected at the election held to form the district. [1999 c.764 §4]

Source: Section 371.323 — Election of first commissioners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors371.­html (accessed May 26, 2025).
ORS § 376.825 — OR Code / Title 31 / Chapter 376 / Section 376.825
376.825 Improvements on mall
Status: in_force

(1) The city and its legislative body shall have the power to improve a pedestrian mall as provided in ORS 376.720 (Powers of city with respect to pedestrian mall) (1)(d), and for the accomplishment, in whole or in part, of that purpose may use ORS 223.005 (Appropriation and condemnation for public use within and without city limits) to 223.105 (Proceedings to condemn property for city improvements when owner and city disagree on price) and 223.205 (Scope and application) to 223.930 (Streets along city boundaries or partly within and without city) or any similar special assessment law. Any work or improvement permitted by such statutes shall be deemed to be work or improvement permitted to be done under any such Act or law. The city may also pay the whole or any part of the cost and expenses of improving a pedestrian mall from its general funds or from any other available money and may let contracts for the work in any manner permitted by law or charter.

(2) A pedestrian mall established or to be established pursuant to ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) may be so improved either concurrently with the proceedings taken under ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) for the establishment of the pedestrian mall or at any time subsequent to the establishment of the city mall, but no contract for the work or improvement shall be awarded until moneys have been fully provided for the payment of all claims allowed pursuant to ORS 376.770 (Allowing claims for damages) and for the payment of all damages and compensation, if any, awarded in any action or actions brought pursuant hereof. If in connection with the establishment of a pedestrian mall and concurrently with the proceedings taken pursuant to ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) , the legislative body proposes to improve the proposed pedestrian mall and for that purpose uses ORS 223.005 (Appropriation and condemnation for public use within and without city limits) to 223.105 (Proceedings to condemn property for city improvements when owner and city disagree on price) and 223.205 (Scope and application) to 223.930 (Streets along city boundaries or partly within and without city) or any similar special assessment law, the legislative body may combine any part of the proceedings taken pursuant to ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) with any part of the proceedings taken under any such special assessment law, to the end that duplication of ordinances, resolutions, notices, hearings and other acts or proceedings may be avoided. [1961 c.666 §§35,36]

Source: Section 376.825 — Improvements on mall; payment of costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html (accessed May 26, 2025).
ORS § 381.295 — OR Code / Title 31 / Chapter 381 / Section 381.295
381.295 Bridge, connecting road and approaches as state highway
Status: in_force

The connecting road and approaches to any bridges mentioned in ORS 381.205 (Construction, acquisition, maintenance and connection of interstate bridges by counties, cities, towns and ports) , on the Oregon side of the interstate river, together with the bridge to the center of the channel of the river, shall be part of the Oregon state highway system and shall be so declared and designated by the Department of Transportation by an appropriate resolution duly adopted and entered in the minutes and records of the department.

Source: Section 381.295 — Bridge, connecting road and approaches as state highway , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 381.255 — OR Code / Title 31 / Chapter 381 / Section 381.255
381.255 Selection of bridge sites
Status: in_force

The parties contracting for the construction of any bridges under ORS 381.205 (Construction, acquisition, maintenance and connection of interstate bridges by counties, cities, towns and ports) to 381.314 (Sale or transfer of Port of Hood River bridge or bridge project) shall select and agree upon sites, but no such bridge shall be constructed unless it connects or provision is made for connection with a state and federal highway in this state and any state or federal highway in the adjoining state.

Source: Section 381.255 — Selection of bridge sites , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 381.220 — OR Code / Title 31 / Chapter 381 / Section 381.220
381.220 Contents of agreement
Status: in_force

Any agreement made or contract entered into pursuant to the authority of ORS 381.205 (Construction, acquisition, maintenance and connection of interstate bridges by counties, cities, towns and ports) to 381.314 (Sale or transfer of Port of Hood River bridge or bridge project) shall, among other things, contain express provisions with respect to:

(1) The site of the bridges.

(2) The maximum financial obligation assumed by each of the contracting parties.

(3) The estimated cost of the structure with its approaches and connecting roads.

(4) The sources from which all the funds are to be obtained or derived.

(5) Whether the bridge is to be operated free to the public or as a toll bridge.

(6) Any other appropriate matter or provision consistent with the prudent principles of economy and good business.

Source: Section 381.220 — Contents of agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 371.349 — OR Code / Title 31 / Chapter 371 / Section 371.349
371.349 District board of elected commissioners
Status: in_force

(1) The powers of a special road district are vested in a district board of commissioners consisting of three commissioners elected by the electors of the district. Each commissioner shall be an elector of the district. The term of office of a commissioner is four years commencing on July 1 following the date of election. A commissioner may serve until a successor is elected and qualified. Vacancies on the board shall be filled by the district board by appointment for the unexpired term.

(2) Notwithstanding the four-year term of office prescribed in subsection (1) of this section, of the commissioners first elected to a board, the term of one commissioner shall end on June 30 of the second year following the year in which that commissioner first takes office.

(3) ORS chapter 255 governs the nomination and election of the commissioners of a special road district and the conduct of all elections in the district.

(4) Before entering upon the duties of office, a commissioner shall take and subscribe an oath to support the Constitutions and laws of the State of Oregon and of the United States, and to well and faithfully perform the duties of office to the best of the commissioner’s knowledge and ability. [1999 c.764 §6]

Source: Section 371.349 — District board of elected commissioners; qualification; term; vacancies; oath , https://www.­oregonlegislature.­gov/bills_laws/ors/ors371.­html (accessed May 26, 2025).
ORS § 377.050 — OR Code / Title 31 / Chapter 377 / Section 377.050
377.050 Consent of department for removal of trees along state highways
Status: in_force

(1) Upon the filing of the application mentioned in ORS 377.040 (Application to department to remove trees along state highways) the Department of Transportation may, if in its judgment and discretion the destruction or removal of the trees will not mar or in any way affect the scenic beauty of or otherwise harm, injure or affect the highway, issue a permit authorizing the cutting down, digging up, removal or destruction of the trees under such conditions and in such manner as the department may in such permit designate.

(2) Such permits may be granted when it becomes necessary to cut or remove brush and tree growth which otherwise would be hazardous to the operation or maintenance of lines for the transmission of electric energy or communication, or which would impair the efficiency of the service of such lines to the public, but such cutting or removal shall be done in such manner as not substantially to impair the scenic beauty of the highway.

Source: Section 377.050 — Consent of department for removal of trees along state highways , https://www.­oregonlegislature.­gov/bills_laws/ors/ors377.­html (accessed May 26, 2025).
ORS § 390.660 — OR Code / Title 31 / Chapter 390 / Section 390.660
390.660 Regulation of use of lands adjoining ocean shores
Status: in_force

The State Parks and Recreation Department is hereby directed to protect, to maintain and to promulgate rules governing use of the public of property that is subject to ORS 390.640 (Permit required for improvements on ocean shore) , property subject to public rights or easements declared by ORS 390.610 (Policy) and property abutting, adjacent or contiguous to those lands described by ORS 390.615 (Ownership of Pacific shore) that is available for public use, whether such public right or easement to use is obtained by dedication, prescription, grant, state-ownership, permission of a private owner or otherwise. [1967 c.601 §7; 1969 c.601 §16]

Source: Section 390.660 — Regulation of use of lands adjoining ocean shores; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html (accessed May 26, 2025).
ORS § 381.715 — OR Code / Title 31 / Chapter 381 / Section 381.715
381.715 Organization and administration
Status: in_force

(1) Before construction may begin on a bridge, a board must appoint or retain an executive director to perform the duties and functions of the chief administrator of the commission and exercise the powers conferred upon the executive director by the board or under ORS 381.702 (Definitions) to 381.755 (General provisions) . The executive director serves at the pleasure of the board. Subject to any rules adopted by the commission, the executive director may appoint staff or retain consultants to carry out the purposes and duties of the commission.

(2) Before construction may begin on a bridge, the board must appoint or retain legal counsel, including but not limited to bond counsel, to furnish or cause to be furnished to the commission any opinions, advice and counsel requested by the commission, and to represent or oversee the representation of the commission in legal matters or hearings, as directed by the commission.

(3) The commission may employ such engineering, technical, legal, administrative, operating or other personnel, officers or agents on a regular, part-time or consulting basis as the commission deems necessary or beneficial to the performance of the commission’s duties. The commission may fix and provide for the qualification, appointment, removal, term, tenure, compensation, pension and retirement rights of the commission’s officers and employees. Employees of the commission are afforded the labor rights and protections afforded to public employees under the laws of the state within which the primary place of business of the commission is situated.

(4) All privileges and immunities from liability, laws and benefits that apply to directors, officers, agents or employees of a municipal corporation under the applicable laws described in ORS 381.745 (Applicable law and jurisdiction) apply to the directors, officers, agents and employees of the commission.

(5) The commission may purchase insurance or self-insure to protect and hold personally harmless any of the directors, officers, employees or agents of the commission from any action, claim or proceeding arising out of the performance, purported performance or failure of performance in good faith of duties for or employment with the commission of the directors, officers, employees and agents, and to hold the directors, officers, employees and agents harmless from any expenses connected with the defense, settlement or monetary judgments arising from the actions, claims or proceedings.

(6) The commission may purchase insurance or self-insure against loss or damage to any of the commission’s properties or facilities, damage to persons or property, loss of revenues or other coverages, as the board may elect to accomplish the purposes of the commission. The board may determine the form and amount of the insurance coverage, provided that the insurance amount satisfies the requirements of any agreement arising from the issuance of bonds or other obligations by the commission. The board may enter into intergovernmental agreements with a state, a local government or a combination of states and local governments, to acquire or maintain insurance.

(7) Upon request by the State of Oregon, the State of Washington or a local government, the commission shall furnish information related to the commission’s affairs to the requester. The commission shall prepare an annual report summarizing the major activities and expenditures of the commission for the fiscal year and forecasting the major activities and expenditures of the commission for the following year. The commission shall furnish a copy of the annual report, together with any additional information the commission deems appropriate, to the local governments and other interested parties.

(8) Except as provided in subsection (9) of this section, a board shall prepare and adopt an annual or a biennial budget and make appropriations consistent with this subsection. In no case can the adopted budget expenditure allowances exceed total estimated revenues unless accompanied by proposed legislation to obtain an equivalent amount of additional revenue. The board may adopt, and subsequently amend, a rule establishing requirements and processes for adopting a budget. The board shall:

(a) Establish a budget committee;

(b) Publish a public notice for each meeting of the budget committee;

(c) Publish a public notice and hold a public hearing on the proposed budget before adopting a budget;

(d) Adopt the budget, as amended or revised by the board, before the start of the budget period;

(e) Adopt amendments to the adopted budget or adopt supplementary budgets during a budget period, as the board deems appropriate; and

(f) Transmit to local governments a copy of the final budget and any amended or supplementary budgets adopted by the board.

(9) Notwithstanding subsection (8) of this section, a commission is not required to adopt a budget for any year in which the commission does not have revenue and all revenues and expenditures for a bridge replacement project derive from and are authorized by a budget of one or more local governments. [2022 c.7 §6]

Source: Section 381.715 — Organization and administration; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 368.073 — OR Code / Title 31 / Chapter 368 / Section 368.073
368.073 Initiation of proceedings to acquire property for road purposes
Status: in_force

A county governing body may initiate proceedings to acquire title or a lesser interest in real property for public road purposes:

(1) On its own action; or

(2) If a person files the following with the county governing body:

(a) A petition described in ORS 368.081 (Requirements for petition to initiate road proceedings) ; or

(b) A written proposal to dedicate or donate land owned by that person for public road purposes. [1981 c.153 §10]

Source: Section 368.073 — Initiation of proceedings to acquire property for road purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors368.­html (accessed May 26, 2025).
ORS § 381.310 — OR Code / Title 31 / Chapter 381 / Section 381.310
381.310 Port of Hood River bridge projects
Status: repealed

(1) As used in this section and ORS 381.312 (Tolls, administrative fees and civil penalties in connection with Port of Hood River bridges) :

(a) “Bridge” means an existing bridge, or a completed bridge that results from a bridge project, and any related facilities.

(b) “Bridge project” means a project to construct, reconstruct or replace a bridge that spans the Columbia River, and any related facilities, that a private entity undertakes in accordance with:

(A) An agreement with the Port of Hood River that requires the private entity to fund, in whole or in part, the construction, reconstruction or replacement; and

(B) Rules that the port adopts in accordance with subsection (4)(b) of this section.

(c) “Bridge project activity” means an activity that a private entity undertakes in accordance with an agreement with the Port of Hood River to plan, acquire, finance, develop, design, construct, reconstruct, replace, improve, maintain, manage, repair, lease, operate or otherwise develop a bridge that spans the Columbia River to Washington State and any related facilities.

(d) “Related facilities” means real or personal property for:

(A) Operating, maintaining, renovating or facilitating the use of a bridge;

(B) Providing goods and services to people who use a bridge; or

(C) Generating revenue that can reduce tolls or that will be deposited in an account established under an agreement described in this section.

(2) Intentionally left blank —Ed.

(a) For the purposes set forth in paragraph (b) of this subsection and subject to the requirements of subsection (3) of this section, the Port of Hood River may enter into an agreement for a bridge project that is partially or completely within the port’s district.

(b) The purposes of entering into an agreement under paragraph (a) of this subsection are to:

(A) Develop an expedited project delivery process;

(B) Maximize innovation in project design, construction, delivery or financing; and

(C) Develop partnerships with private entities or units of government.

(3) Intentionally left blank —Ed.

(a) An agreement under subsection (2) of this section must, at a minimum, specify:

(A) At what point in the bridge project the public and private partners will assume responsibility for specific elements of the bridge project;

(B) How the public and private partners will share costs and risks of the bridge project;

(C) How the public and private partners will allocate financial responsibility for cost overruns;

(D) Incentives to perform and penalties for a failure to perform an element of the bridge project;

(E) Accounting and auditing standards for evaluating work on the bridge project; and

(F) Whether the bridge project is consistent with the plan that the Oregon Transportation Commission developed under ORS 184.618 and any applicable regional transportation plans or local transportation system programs and, if the bridge project is not consistent with the plans or programs, how and when the bridge project will become consistent with the plans and programs.

(b) In addition to the specifications set forth in paragraph (a) of this subsection, the agreement must:

(A) Establish an account into which proceeds from tolls, administrative fees and civil penalties from the bridge may be deposited;

(B) Provide that the public has dedicated and unrestricted use of the bridge for the duration of the bridge’s functional life unless the port, a state government or the federal government declares an emergency that forbids using the bridge; and

(C) Provide that construction of the bridge project may not proceed until the Department of Transportation has issued, in accordance with ORS 374.305 (Necessity of permission to build on rights of way) , any permits that are necessary to connect the bridge project to state highways.

(c) The port may include in an agreement under subsection (2) of this section any financing mechanisms, including but not limited to imposing and collecting franchise fees, user fees or tolls, and any other revenue sources the public and private partners may use.

(4) Intentionally left blank —Ed.

(a) ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and ORS chapters 279A, 279B and 279C do not apply to an agreement that the port enters into under subsection (2) of this section, or to bridge project activity undertaken in accordance with the agreement, except that if the bridge project activity is a public works, as defined in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) :

(A) ORS 279C.380 (Performance bond) , 279C.385 (Return or retention of bid security) , 279C.390 (Exemption of contracts from bid security and bonds) and 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) apply to the bridge project activity; and

(B) Any agreement for constructing, reconstructing, performing a major renovation on or painting the bridge project must provide for paying workers under the agreement in accordance with ORS 279C.540 (Maximum hours of labor on public contracts) and 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) .

(b) Before entering into an agreement under subsection (2) of this section, the port shall adopt rules that substantially conform with the rules that the Department of Transportation has adopted, as of January 1, 2018, to implement the provisions of ORS 367.800 (Findings) to 367.824 (Rules) .

(5) Sensitive business, commercial or financial information that a private entity provides to the port for the purpose of evaluating a proposal from the private entity for a bridge project is exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . The terms of a proposed or final agreement between the port and a private entity are subject to disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(6) Intentionally left blank —Ed.

(a) In evaluating proposals for a bridge project, in addition to considering a proposer’s estimate of the cost for the bridge project, the port shall consider all of these elements:

(A) The qualities of the design that the proposer submits, if appropriate, including:

(i) The structural integrity of the design and how the design will likely affect future costs of maintaining the bridge;

(ii) The aesthetic qualities of the design and other aspects of the design such as the width of lane separators, landscaping and sound walls;

(iii) The traffic capacity of the design;

(iv) Aspects of the design that affect safety, such as lane width, the quality of lane markers and separators, the shape and positioning of ramps and curves and changes in elevation; and

(v) The ease with which traffic will pass through any toll collection facilities.

(B) The extent to which the bridge project will involve small businesses. The port shall encourage small businesses to participate in the bridge project to the maximum extent that the port determines is practicable. As used in this subparagraph:

(i) “Small business” means an independent business with fewer than 20 employees and with average annual gross receipts during the last three years of not more than $1 million for construction firms and not more than $300,000 for businesses that are not construction firms.

(ii) “Small business” does not include a subsidiary or parent company that belongs to a group of firms that the same individuals own or control and that have average aggregate annual gross receipts during the last three years in excess of $1 million for construction firms or $300,000 for firms that are not construction firms.

(C) The proposer’s financial stability and ability to provide funding for the bridge project and obtain, or act as, a surety for the proposer’s performance and financial obligations with respect to the bridge project.

(D) The experience of the proposer and the proposer’s subcontractors in engaging in bridge project activities of a size and scope similar to the bridge project activity that the port proposes.

(E) The terms of the financial arrangement that the proposer accepts or proposes with respect to franchise fees, license fees, lease payments or operating expenses and the proposer’s required rate of return from engaging in the bridge project activity.

(F) The terms that the proposer offers for engaging in the bridge project activity, including:

(i) The amount of proposed tolls and administrative fees;

(ii) Schedules for altering tolls and administrative fees; and

(iii) Any restrictions or conditions on future increases in tolls or administrative fees.

(b) After considering the elements described in paragraph (a) of this subsection in a public hearing, the port shall select a proposal that provides the best overall public value. In determining the best overall public value, the port must find that the selected proposal, compared to other proposals, is likely to:

(A) Reduce the cost of constructing the bridge project;

(B) Accelerate the schedule for completing the bridge project; and

(C) Reduce the financial risk to the port and the public.

(7) Notwithstanding any other provision of this section, the port may use any method to award a contract, agreement, franchise or license that is necessary to comply with the requirements of a grant or other funding source.

(8) Before entering into an agreement under subsection (2) of this section, the port shall engage legal counsel for the purpose of:

(a) Advising the port concerning the legality of specific proposed partnerships;

(b) Advising the port concerning legal procedures and practices that are related to implementing a bridge project in a public-private partnership;

(c) Assisting the port in negotiating agreements and preparing documents related to a public-private partnership;

(d) Advising the port concerning accounting, investment and tax requirements that apply to a bridge project the port undertakes in a public-private partnership; and

(e) Advising the port concerning any relevant federal securities or other laws and related disclosure requirements.

(9) For purposes of complying with applicable state and local land use laws, including statewide planning goals, comprehensive plans, land use regulations, ORS chapters 195, 196, 197, 197A, 198, 199, 215, 221, 222 and 227 and any requirement that the Land Conservation and Development Commission imposes, a bridge project is a project of the port and is not a project of any other person or entity.

(10) A bridge project undertaken under ORS 381.205 (Construction, acquisition, maintenance and connection of interstate bridges by counties, cities, towns and ports) to 381.314 (Sale or transfer of Port of Hood River bridge or bridge project) is:

(a) Exempt from ad valorem property taxation; and

(b) A state highway for the purposes of law enforcement and the application of the Oregon Vehicle Code.

(11) ORS 381.270 (Bids for bridge construction) , 381.275 (Contracts made in name of authority authorizing work) and 381.280 (Bond required with certain contracts) do not apply to a bridge project that a private entity undertakes.

(12) ORS 381.270 (Bids for bridge construction) does not apply to a bridge that the Port of Hood River constructs, reconstructs or replaces. [2017 c.710 §2]

Note: 184.618 was repealed by section 140, chapter 750, Oregon Laws 2017. The text of 381.310 (Port of Hood River bridge projects) was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 381.310 (Port of Hood River bridge projects) for the repeal of 184.618 has not been made.

Source: Section 381.310 — Port of Hood River bridge projects; definitions; agreements; evaluation of proposals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors381.­html (accessed May 26, 2025).
ORS § 376.620 — OR Code / Title 31 / Chapter 376 / Section 376.620
376.620 Skyline, logging line, ferry skyline or cable footbridge
Status: in_force

(1) When authorized by the Department of State Lands, it is lawful for any person, firm or corporation to construct, maintain and operate a skyline, high lead logging line, ferry skyline or cable footbridge across any navigable river, bay, inlet or other navigable waters within the state, not inconsistent with any Act of Congress regulating the construction of bridges across navigable waters. The structures shall be so constructed as not to interfere unnecessarily with the navigation of such navigable waters.

(2) The Department of State Lands may make and enforce such regulations and restrictions as it deems necessary to carry out the purposes of this section and may make reasonable charges for any services rendered in connection therewith.

Source: Section 376.620 — Skyline, logging line, ferry skyline or cable footbridge; authorization and regulation by Department of State Lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html (accessed May 26, 2025).