justicedao/ipfs_state_laws huggingface dataset:
731-012-0080 Proposed Actions for Access After consultation with the Stakeholder Forum, Department staff will identify if the Proposed Action is subject to OAR 734, division 51 (Access Management). All activities that are required for the Department’s administration of OAR 734, division 51 or implementation of ORS 374.300 to 374.360, and §27, ch. 330, OL 2011 are not subject to this rule. The Department may continue with the Proposed Action using Department processes proscribed in OAR 734, division 51. Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.215 History: DOT 4-2013, f. & cert. ef. 8-26-13
731-012-0090 Proposed Actions for Safety (1) After reviewing the Safety Considerations of a Proposed Action that has the potential to result in a Reduction of Vehicle-Carrying Capacity, Department staff may recommend a determination that the reduction is required by the Department for Safety purposes. (2) Department staff will use engineering judgment supported by the documented record of Safety Consideration to determine if the Proposed Action is required for Safety. (3) Any Department staff recommendation that a Proposed Action is required by the Department for Safety purposes will be forwarded to the Director and the Chief Engineer prior to Director Determination of Reduction of Vehicle-Carrying Capacity. Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.215 History: DOT 4-2013, f. & cert. ef. 8-26-13
731-012-0100 Director Determination of Reduction of Vehicle-Carrying Capacity (1) If a Proposed Action has a potential for a Reduction of Vehicle-Carrying Capacity that cannot be resolved through the Stakeholder Forum, including affected local agencies, and is not needed for Access Considerations (731-012-0080) then the Director will determine if the Proposed Action would be a Reduction of Vehicle-Carrying Capacity. (2) The Director will review the Department staff record for a Proposed Action (including potential Safety Considerations) and make a determination on whether or not the Proposed Action is a Reduction of Vehicle-Carrying Capacity. (3) In making such determinations the Director may consider such information as: (a) The existing and proposed highway design and plans; (b) Previously approved Reduction of Vehicle-Carrying Capacity documented for the highway segment of the Proposed Action; (c) Existing limited Vehicle-Carrying Capacity at other locations within the highway system that limit the ability of a vehicle to get to the highway segment of the Proposed Action; (d) Stakeholder Forum meeting comments from stakeholders, affected local agencies and the public; (e) Function of roadway for all transportation modes including freight, vehicle, transit, pedestrian, and bicycle; (f) Reasonable alternate routes on the state highway system; and (g) Consultation with Department staff, such as the Mobility Policy Committee, Traffic Engineer and Chief Engineer. (4) The Director may determine that a Proposed Action will or will not be a Reduction of Vehicle-Carrying Capacity, or may direct Department staff to revise the Proposed Action and hold another Stakeholder Forum meeting pursuant to 731-012-0060. Department staff will provide notification of the Director’s determination to the affected local agencies, stakeholder forum and in the case of a development review, the affected applicant. If the Director determines that the Proposed Action will result in a Reduction of Capacity, the Department will inform the affected local agency(ies) about their right to request an exemption of ORS 366.215 under 731-012-0120. (5) If the Director determines the Proposed Action will not result in a Reduction of Vehicle-Carrying Capacity then the Department may continue with the Proposed Action using Department processes including other appropriate reviews not covered by this division. Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.215 History: DOT 4-2013, f. & cert. ef. 8-26-13
731-012-0110 Chief Engineer Certification (1) If the Department staff has recommended that a Proposed Action should be required by the Department for Safety purposes and the Director determines there is a reduction of vehicle-carrying capacity, then the Chief Engineer will review the Proposed Action and certify (through a memo) that the Proposed Action will be required by the Department for Safety purposes. Prior to certifying the reduction, the Chief Engineer will review the documented Safety Considerations of the Proposed Action. (2) Proposed Actions certified by the Chief Engineer required for Safety purposes will be presented to the Commission for approval. Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.215 History: DOT 4-2013, f. & cert. ef. 8-26-13
731-012-0120 Local Agency Exemption from Restrictions Prohibiting Reduction of Vehicle-Carrying Capacity (1) At the request of an affected local agency, the Department region manager must direct Department staff to prepare a Commission agenda item for an exemption request. The local agency is responsible for providing analysis that documents the reason for the request and for demonstrating that the Proposed Action will not unreasonably impede the movement of freight. (2) The local agency analysis may include, as appropriate to the proposed action, information such as: (a) Safety; (b) Access; (c) The interests of the state as identified in statute, rule, regulation or policy; (d) Approved plans covering the area of the Proposed Action; (e) Input from the Stakeholder Forum regarding the potential of the Proposed Action to unreasonably impede the movement of freight; (f) The assurance of alternative routes consisting of local streets and state and local highways; and (g) Function of roadway for all transportation modes, including freight, vehicle, transit, pedestrian, and bicycle. Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.215 History: DOT 4-2013, f. & cert. ef. 8-26-13
731-012-0130 Commission Decision (1) When there has been a determination by the Director that a Proposed Action results in a Reduction of Vehicle-Carrying Capacity, and there has been a determination that the Proposed Action is needed or required for Safety Considerations, or a local government requests and exemption under ORS 366.215(3), the Commission will make the final determination and may authorize proceeding with the Proposed Action or granting the exemption. (2) The Department staff will prepare meeting materials for the Commission that include a record of any Safety Considerations, Access Considerations, Stakeholder Forum advice, or Chief Engineer determination. (3) Any Commission approval of an exemption will include a determination that the exemption is in the best interest of the state and that the movement of freight will not be unreasonably impeded. Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.215 History: DOT 4-2013, f. & cert. ef. 8-26-13
731-012-0140 Record Keeping (1) The Department will publish on a website and maintain for least ten years, a record of all Department, Director and Commission determinations regarding a Reduction of Vehicle-Carrying Capacity and of all Commission approved Reductions of Vehicle-Carrying Capacity. (2) The Department record of determinations will include the following information: (a) The route number and Department highway number, mile-point range, (roadway 1 or 2); (b) Brief description of project; (c) Date of determination; (d) The approved minimum horizontal clearance; (e) The approved minimum vertical clearance; (f) Any other site-specific requirements identified in the determination; (g) If a subsequent review is required prior to construction; (h) Any Commission determination based on the best interest of the state; and (i) Any Commission determination that the movement of freight will not be unreasonably impeded. (3) The Department will publish on a website and maintain for least ten years, a record of all Reduction of Vehicle-Carrying Capacity Stakeholder Forum discussions regarding proposed potential Reductions of Vehicle-Carrying Capacity. The Department record of Stakeholder Forum meetings will include the following information: (a) Stakeholders present; (b) Stakeholders invited to participate; (c) Brief description of project; (d) Date of discussion; (e) The signed route number and Department highway number, mile-point range (roadway 1 or 2); (f) Any site specific conditions identified by stakeholders including the identification of a potential for a permanent reduction in the horizontal or vertical clearance of a highway section; (g) Formal support of a Proposed Action despite any proposed changes to the horizontal or vertical clearance of a highway section; (h) Any recommendation that the Proposed Action would not result in a Reduction of Vehicle-Carrying Capacity; and (i) Any requests for additional information. Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.215 History: DOT 4-2013, f. & cert. ef. 8-26-13
731-015-0005 Purpose The purpose of this division is to establish the procedures used by the Department of Transportation to implement the provisions of its State Agency Coordination Program which assure that Department land use programs are carried out in compliance with the statewide planning goals and in a manner compatible with acknowledged comprehensive plans, as required by ORS 197.180 and OAR 660, divisions 30 and 31. Statutory/Other Authority: ORS 184 & 197 Statutes/Other Implemented: ORS 197.180 History: DOT 5-1990, f. & cert. ef. 9-26-90
731-015-0015 Definitions For the purposes of OAR 731-015-0005 through 731-015-0135: (1) “Accessory Facility” means a facility which assists the Department in administering, managing, maintaining and operating a transportation facility. Examples include office buildings, weigh stations, maintenance yards, equipment repair shops and quarries. (2) “Affected City or County” means a city or county that has comprehensive planning authority over a site or area which is directly impacted by a proposed Commission or Department action. (3) “Affected State and Federal Agencies” means state and federal agencies identified in the Department’s state agency coordination program. (4) “Class 1 Projects” means projects meeting federal criteria for Class 1 Projects under the National Environmental Policy Act (NEPA) and federal agency regulations which carry out NEPA requirements. (5) “Class 2 Projects” means projects meeting federal criteria for Class 2 Projects under NEPA and federal agency regulations which carry out NEPA requirements. (6) “Class 3 Projects” means projects meeting federal criteria for Class 3 Projects under NEPA and federal agency regulations which carry out NEPA requirements. (7) “Commission” means the Transportation Commission. (8) “Department” means the Department of Transportation. (9) “DLCD” means the Department of Land Conservation and Development. (10) “Facility Plan” means a plan for a transportation facility such as a highway corridor plan and an airport master plan. (11) “Metropolitan Planning Organization” means the organization designated by the Governor to coordinate transportation planning in an urbanized area of the state. (12) “Modal Systems Plan” means a plan for a statewide system of one or more transportation modes that includes identification of system needs, classification of facilities, and establishment of policies. (13) “New Transportation Facility” means a transportation facility that does not currently exist. It does not mean the realignment or expansion of an existing transportation facility. (14) “Transportation Facility” means a facility and all of its parts which are used for conveying and managing the transportation of people and goods. It includes all associated structures and alterations that are necessary to protect public safety and mitigate the environmental effects of a transportation facility. (15) “Transportation Policy Plan” means the policy plan for the state transportation system encompassing all modes of transportation. Statutory/Other Authority: ORS 184 & 197 Statutes/Other Implemented: ORS 197.180 History: DOT 5-1990, f. & cert. ef. 9-26-90
731-015-0025 Applicability The provisions of OAR 731-015-0005 through 731-015-0135 apply the following programs and activities: (1) Adoption of the Transportation Policy Plan. (2) Adoption of modal systems plans. (3) Adoption of transportation facility plans. (4) Adoption of project plans for Class 1 and Class 3 projects. (5) Adoption of project plans for Class 2 projects which would involve any of the activities listed OAR 731-015-0035. (6) Carrying out operations, maintenance and modernization activities, except for repair of damaged highways as authorized by ORS 366.445, which would involve any of the activities listed OAR 731-015-0035. (7) Issuing any of the following permits or licenses: (a) Road Approach Permits; (b) Airport Site Approval and License; (c) Sign Permits; (d) Permits for Utility Use of Right of Way. (8) Renewing permits or licenses in the following circumstances: (a) Proposed expansion of a licensed airport to permit service to a larger class of aircraft; (b) Proposed enlargement of a sign. Statutory/Other Authority: ORS 184 & 197 Statutes/Other Implemented: ORS 197.180 History: DOT 5-1990, f. & cert. ef. 9-26-90
731-015-0035 Activities Which Significantly Affect Land Use The following activities undertaken by the Department significantly affect land use: (1) Enlarging an existing transportation facility to increase the level of transportation service provided, relocating an existing transportation facility, or constructing a new transportation facility. (2) Constructing a new accessory facility, enlarging an existing accessory facility, or significantly changing the use of an existing accessory facility. (3) Changing the size of land parcels through the sale of property. (4) Altering land or structures in a way that significantly affects resources or areas protected by the statewide planning goals or acknowledged comprehensive plans. Examples include: (a) Placing or disposing of materials in wetlands, waterways or floodplains; (b) Structurally stabilizing shore lands by placing riprap or by other means; (c) Draining wetlands by ditching or by other means; (d) Demolishing or altering a historic bridge or other historic structure; (e) Removing riparian vegetation. Statutory/Other Authority: ORS 184 & 197 Statutes/Other Implemented: ORS 197.180 History: DOT 5-1990, f. & cert. ef. 9-26-90
731-015-0045 Coordination Procedures for Adopting the Final Transportation Policy Plan (1) Except in the case of minor amendments, the Department shall involve DLCD, metropolitan planning organizations, and interested cities, counties, state and federal agencies, special districts, and other interested parties in the development or amendment of the transportation policy plan. This involvement may take the form of mailings, meetings, or other means that the Department determines are appropriate for the circumstances. The Department shall hold at least one public meeting on the plan prior to adoption. (2) The Department shall evaluate and write draft findings of compliance with all applicable statewide planning goals. (3) The Department shall present to the Transportation Commission the draft plan and findings of compliance with all applicable statewide planning goals. (4) The Transportation Commission shall adopt findings of compliance with all applicable statewide planning goals when it adopts the final transportation policy plan. (5) The Department shall provide copies of the adopted final transportation policy plan and findings to DLCD, the metropolitan planning organizations, and others who request to receive a copy. Statutory/Other Authority: ORS 184 & 197 Statutes/Other Implemented: ORS 197.180 History: DOT 5-1990, f. & cert. ef. 9-26-90
731-015-0055 Coordination Procedures for Adopting Final Modal Systems Plans (1) Except in the case of minor amendments, the Department shall involve DLCD, metropolitan planning organizations, and interested cities, counties, state and federal agencies, special districts and other parties in the development or amendment of a modal systems plan. This involvement may take the form of mailings, meeting, or other means that the Department determines are appropriate for the circumstances. The Department shall hold at least one public meeting on the plan prior to adoption. (2) The Department shall evaluate and write draft findings of compliance with all applicable statewide planning goals. (3) If the draft plan identifies new facilities which would affect identifiable geographic areas, the Department shall meet with the planning representatives of affected cities, counties and metropolitan planning organization to identify compatibility issues and the means of resolving them. These may include: (a) Changing the draft plan to eliminate the conflicts; (b) Working with the affected local governments to amend their comprehensive plans to eliminate the conflicts; or (c) Identifying the new facilities as proposals which are contingent on the resolution of the conflicts prior to the completion of the transportation planning program for the proposed new facilities. (4) The Department shall present to the Transportation Commission the draft plan, findings of compatibility for new facilities affecting identifiable geographic areas, and findings of compliance with all applicable statewide planning goals. (5) The Transportation Commission, when it adopts a final modal systems plan, shall adopt findings of compatibility for new facilities affecting identifiable geographic areas and findings of compliance with all applicable statewide planning goals. (6) The Department shall provide copies of the adopted final modal systems plan and findings to DLCD, the metropolitan planning organizations, and others who request to receive a copy. Statutory/Other Authority: ORS 184 & 197 Statutes/Other Implemented: ORS 197.180 History: DOT 5-1990, f. & cert. ef. 9-26-90
731-015-0085 Coordination Procedures for Adopting Plans for Class 2 Projects Determined to Significantly Affect Land Use The procedures in this section shall be followed when the Department determines that a Class 2 project would significantly affect land use in accordance with OAR 731-015-0035. (1) Planning officials of affected cities and counties shall be contacted at the start of project planning to identify any possible compliance or compatibility conflicts and ways to avoiding conflicts. (2) The Department shall attempt to avoid any identified compliance or compatibility conflicts as it develops its plans. (3) Planning officials of affected cities and counties shall be requested to review preliminary final plans to identify whether any local land use approvals are needed and whether any of the acknowledged comprehensive plan’s general provisions would be substantially affected. If no local planning approvals are required and if the plan’s general provisions would not be substantially affected the Department shall conclude that the project is compatible. If no comments are received from an affected local jurisdiction within 15 days of the Department’s request for a compatibility determination, the Department shall deem that the preliminary project plans are compatible with the acknowledged comprehensive plan for that jurisdiction. The Department may extend the reply time if requested to do so by an affected city or county. (4) If any local planning approvals are required the Department shall either modify its project plans so as to not require approvals, or shall apply for the necessary approvals. (5) If the affected city or county does not grant approval, the Department may: (a) Modify the project plans so as to not require approval; (b) Discontinue further work on the project; or (c) Appeal the city or county decision. (6) The Department shall obtain local planning approvals prior to construction of the project. Statutory/Other Authority: ORS 184 & 197 Statutes/Other Implemented: ORS 197.180 History: DOT 5-1990, f. & cert. ef. 9-26-90
731-015-0095 Coordination Procedures for Constructing or Improving Buildings in Salem Area The Department shall satisfy its goal compliance and plan compatibility responsibilities for constructing or improving buildings in areas subject to the jurisdiction of the Capitol Planning Commission by adhering to the Capitol Planning Commission’s land use coordination rules in OAR chapter 110, division 10, and the procedure contained in the Capitol Planning Commission’s certified State Agency Coordination Program. Statutory/Other Authority: ORS 184 & 197 Statutes/Other Implemented: ORS 197.180 History: DOT 5-1990, f. & cert. ef. 9-26-90
731-015-0105 Coordination Procedures for Operations, Maintenance and Modernization Activities The procedures in this section shall be followed when the Department determines that an operations, maintenance or modernization activity would significantly affect land use in accordance with OAR 731-015-0035 unless compliance with the statewide planning goals and compatibility with acknowledged comprehensive plans has been established through application of OAR 731-015-0075 or 731-015-0085. (1) The Department shall consult planning officials of the affected city or county to determine whether any local land use approvals are required to carry out the proposed activity. (2) If any local planning approvals are required, the Department shall either modify the proposed activity so as to not require approval, or shall apply for the necessary approvals. (3) If the approvals are not granted the Department may: (a) Modify the proposed activity so as to not require permits; (b) Not do the proposed activity; or (c) Appeal the local decision. Statutory/Other Authority: ORS 184 & 197 Statutes/Other Implemented: ORS 197.180 History: DOT 5-1990, f. & cert. ef. 9-26-90
731-015-0110 Coordination Procedures for the Disposal of Surplus Right of Way (1) The Department shall apply LCDC Goal 17 implementation requirement number 6 as well as applicable statutes when determining whether to declare right of way as surplus. (2) The Department shall notify potential buyers of their responsibility to establish compliance and compatibility. (3) The Department shall obtain a written statement from a planning official of the affected city or county that all land use planning approvals have been obtained or that the planned sale complies with the acknowledged comprehensive plan but no local land use approvals are needed. Statutory/Other Authority: ORS 184 & 197 Statutes/Other Implemented: ORS 197.180 History: DOT 5-1990, f. & cert. ef. 9-26-90
731-015-0115 Permit Program Procedures (1) The Department shall notify applicants for permits or licenses or renewals of permits or licenses listed in OAR 731-015-0025 of their responsibility to demonstrate compliance and compatibility. (2) The Department shall not issue a permit unless certification of compatibility is demonstrated by the applicant. The Department may deny, condition or further restrict a permit that is compatible as necessary to carry out applicable Department rules and statutes. (3) Certification shall be documentation that all local land use planning approvals have been obtained or a written statement by a planning official of the affected city or county that the application complies with the acknowledged comprehensive plan but no local land use approvals are needed. Statutory/Other Authority: ORS 184 & 197 Statutes/Other Implemented: ORS 197.180 History: DOT 5-1990, f. & cert. ef. 9-26-90
731-015-0125 Referral of Compatibility Disputes to the Land Conservation and Development Commission If a compatibility conflict persists after pursuing the compatibility procedures listed in OAR 731-015-0045 through 731-015-0115, the Department shall request that the Land Conservation and Development Commission make a compatibility determination in accordance with OAR 660-030-0070(7) through (12). Statutory/Other Authority: ORS 184 & 197 Statutes/Other Implemented: ORS 197.180 History: DOT 5-1990, f. & cert. ef. 9-26-90