justicedao/ipfs_state_laws huggingface dataset:
734-035-0140 Authorization for the Use of Department Real Property in Lieu of a Lease or Easement (1) The Department may issue written authorization for the use of real property under the jurisdiction of the Department, in lieu of an easement or lease, when in the judgment of the Department's Right of Way Manager any of the following are true: (a) The fair market value of the real property is difficult to ascertain or is negligible due to the size, location, configuration, or other features of the parcel of real property sought to be used; or (b) The fair market value of the real property is difficult to ascertain or is negligible as a result of the existence of local land use restrictions on the parcel of real property sought to be used; or (c) The benefit to the Department in having the real property occupied and maintained exceeds the probable fair market value of the parcel of real property sought to be used. (2) The charge for use of the real property shall be based on the costs incurred by the Department in the issuance of the written authorization as set forth below. For all authorizations the user of the real property shall pay an initial use charge of $50, $150 or $250, as determined by the Department, based on the amount of research and preparation required to issue the authorization. Thereafter, the user of the real property shall pay an annual use charge at the rate of: (a) $0 — when the benefits to the Department exceed the probable fair market value of the parcel of real property sought to be used; or (b) $100 — when little or no field inspection and no plan review is required to issue the authorization, and no on-going inspection of the use is required; or (c) $250 — when field inspection, plan review, or both, are required to issue the authorization, or when on-going inspection of the use is required. Statutory/Other Authority: ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.395 History: Renumbered from 734-050-0105, HWD 6-2016, f. & cert. ef. 12-16-16 2HD 1-1982, f. & ef. 5-26-82
734-035-0150 Notification of Hazardous Tree Removal from Private Property (1) Pursuant to ORS 366.365, when the Department determines that any tree located on private property creates an immediate and substantial risk of damage or injury by obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway, and the property owner isn’t readily available, it may go upon such property to cut down or remove such tree. (2) For the purposes of this rule, a tree creates an immediate and substantial risk of damage or injury when it is determined by the District Manager, or designee, that such tree interferes with the safe, unrestricted movement of traffic; is encroaching on the state highway; or is in a condition that creates a reasonable likelihood it will, in the foreseeable future, encroach on the state highway to a degree that traffic should be restricted or prohibited from using the highway. (3) The Department, when cutting down or removing any tree from private property, will take measures reasonable under the circumstances to protect the property upon which such tree is located and the value of the cut or removed tree. (4) After cutting down or removing any tree as described in this rule, the Department will notify the owner of the private property by sending written notice by certified mail to the property owner listed in the county tax records. (5) The written notice will include: (a) A general description of the location of the private property and the date any tree was cut down or removed from the private property; and (b) Information concerning the location of the tree or how such location can be obtained. (6)(a) The tree will be left on the private property if it is reasonable to do so and can be accomplished in a safe manner. (b) If the tree can not reasonably be left on the private property, the notice will also include Department contact information such as a telephone number or address and a contact name to claim any tree removed from the private property. (A) The property owner will have 30 days from the date of the written notice to claim and recover the tree. Any cost incurred to claim or recover the tree is at the property owner’s expense. (B) The person claiming the tree must be able to show a right to possess the tree; such as a copy of the certified letter sent by the Department. Any tree not claimed within 30 days becomes the property of the Department to be disposed of at the Department’s discretion following standard Department practices. Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 366.365 Statutes/Other Implemented: ORS 366.365 History: HWD 6-2010, f. & cert. ef. 6-16-10
734-035-0200 Designation and Posting of Real Property as Closed to Public Entry (1) The purpose of this rule is to identify the circumstances under which the Department of Transportation will designate and post real property owned or controlled by the department as closed to public entry for purposes other than those authorized by statute, rule or express permission of the department. This rule does not restrict the use of the highway for transportation purposes or access onto the highway allowed under Oregon Administrative Rule Chapter 734, Division 51. (a) The department manager responsible for the real property may designate real property as closed to public entry for the following purposes: (A) To ensure the safe construction, maintenance, operation and use of transportation facilities; (B) To ensure the health and safety of department employees, contractors, or the general public; (C) To prevent damage or loss to department property; (D) To prevent damage to natural resources, including but not limited to soil, water, wetlands, and other environmentally-sensitive lands; (E) To prevent damage, vandalism, theft or other loss of cultural or archeological resources. (b) Decisions to designate real property as closed to pubic entry made on or after January 1, 2015 will be documented by the department manager. (c) The department will provide notice of the designation under section (1) in a manner reasonably calculated to apprise the public that entry is prohibited, including but not limited to the posting of conspicuous signage. (d) Signage posted under this section will, at minimum, include the statement of “No Trespass.” (2) Public entry or placing of any personal property upon department real property designated as closed to public entry under this rule is prohibited. Violators may be subject to citation under the laws of the State or local ordinance and asked to leave the area without delay. Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.030 Statutes/Other Implemented: ORS 366.205 & 810.030 History: HWD 10-2014, f. 11-26-14, cert. ef. 12-8-14 HWD 8-2014(Temp), f. & cert. ef. 8-20-14 thru 12-21-14 HWD 6-2014(Temp), f. & cert. ef. 7-9-14 thru 12-21-14 HWD 4-2014(Temp), f. & cert. ef. 6-25-14 thru 12-21-14
734-040-0005 Definitions Definitions used in these rules and regulations shall be: (1) “Commission” means the Oregon Transportation Commission. (2) “Director” means the Director of the Department of Transportation or his duly authorized representative. (3) “Federal-Aid Primary System” means the system of state highways described in Section 103(b), Title 23, United States Code, as selected and designated by the Commission. (4) “Interstate System” means every state highway that is part of the National System of Interstate and Defense Highways established by the Commission in compliance with Section 103(d), Title 23, United States Code. (5) “Junk” means all the materials described in section (6) of this rule. (6) “Junkyard” means any establishment or place of business that is maintained, operated or used for storing, keeping, buying or selling old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled, wrecked, scrapped or ruined motor vehicles, or motor vehicle parts, iron, steel or other old scrap, ferrous or nonferrous material, metal or nonmetal materials, and the term includes automobile graveyards, garbage dumps and scrap metal processing facilities. (7) “Maintain” means to allow to exist. (8) “Main Traveled Way” means the through traffic lanes, exclusive of frontage roads, auxiliary lanes and ramps. (9) “State Highway” or “State Highway System” means the entire width between the boundary lines of every road or highway designated as a “state highway” by law or by the Oregon Transportation Commission pursuant to law and includes both primary and secondary state highways including but not limited to the Interstate System and the federal-aid primary system. (10) “Visible” means capable of being seen without visual aid by a person of normal visual acuity. (11) “Zoned Industrial Area” is an area adjacent to a state highway or public highway which is zoned industrial under authority of state law. (12) “Scenic Highway” is any state highway or segment of state highway adjacent to a scenic area established by the Scenic Area Board under the provisions of ORS 377.530. (13) “Existing Junkyard” is any junkyard in existence prior to June 30, 1967. (14) “New Junkyard” is any junkyard which came into existence after June 30, 1967. Statutory/Other Authority: ORS 377 Statutes/Other Implemented: ORS 377.605 - 377.655 History: HC 1278, f. 5-27-72
734-040-0010 New Junkyards No new junkyard shall be established which is visible from the main traveled way of a scenic highway or which is located within 1,100 feet of the nearest edge of the right of way of any other state highway unless: (1) The junkyard is hidden or adequately screened by the terrain or other natural objects, or by plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the state highway. (2) The junkyard is located in a zoned industrial area. Statutory/Other Authority: ORS 377 Statutes/Other Implemented: ORS 377.620 & 377.510 History: HC 1278, f. 5-27-72
734-040-0015 Existing Junkyards No existing junkyard may be maintained within 1,000 feet of the nearest edge of the right of way of any state highway except: (1) Junkyards that are hidden or adequately screened by the terrain or other natural objects, or by plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the state highway. (2) Junkyards located in a zoned industrial area. Statutory/Other Authority: ORS 377 Statutes/Other Implemented: ORS 377.620 History: HC 1278, f. 5-27-72
734-040-0020 Screening Regulations Screening by means of plantings, fences, or other appropriate means shall be in accordance with a design approved by the Engineer: (1) For New Junkyards: (a) Shall be located off the state highway right of way; (b) Shall be constructed and maintained by the person owning or operating the junkyard in accordance with a design approved by the Engineer. (2) For Existing Junkyards: (a) Shall be located on the state highway right of way or in areas outside the right of way acquired for such purposes by the Commission; (b) Shall be constructed and maintained by the Commission using funds available to the Commission. Statutory/Other Authority: ORS 377 Statutes/Other Implemented: ORS 377.625 History: HC 1278, f. 5-27-72
734-040-0025 State Highways Designated After June 30, 1967 These same rules and regulations will apply to junkyards located within restricted areas adjacent to state highways designated after June 30, 1967, as for those in existence prior to June 30, 1967; however, the definitive date differentiating between new and existing junkyards shall be the date the state highway was designated in place of June 30, 1967. Statutory/Other Authority: ORS 377 Statutes/Other Implemented: ORS 377.620 History: HC 1278, f. 5-27-72
734-050-0090 Procedure for Designating Highway Weight Restrictions (1) The Director may designate any highway or section of highway (including bridges and other structures) which should be subject to weight restrictions. The Director may impose such weight restrictions considered proper subject to the following conditions: (a) An inspection has indicated that a condition exists which requires action to prevent or reduce damage to the highway or section thereof or which may jeopardize the safety of motorists on the highway or section thereof; (b) An engineering evaluation has been performed and the safe load carrying capacity of the highway or section thereof has been determined; and (c) Maximum allowable weights consistent with the finding of the engineering evaluation have been established for vehicles or combinations of vehicles traveling upon the highway or section thereof. (2) Upon fulfilling the requirements set forth in subsections (1)(a) through (c) of this rule, the Director shall prepare a written order which: (a) Describes the highway or section of highway which will be affected; (b) Discloses the results of the required inspection and evaluation; and (c) Specifies the restriction to be imposed. (3) Upon the signing of the order by the Director, posting of signs and enforcement of the restriction shall be as provided in ORS Chapters 810 and 818. (4) The following definitions shall apply to the order and signs posted under section (3) of this rule: (a) A “Class A” restriction or weight limit means the maximum allowable weight shall be 12,000 pounds for the steering axle and 10,000 pounds for each additional axle; and (b) “Steering Axle” means the first axle of the truck or tractor which is controlled by the steering wheel of the vehicle. Statutory/Other Authority: ORS 184.616 & 810.030 Statutes/Other Implemented: ORS 810.030 & 818 History: HWY 4-1996, f. & cert. ef. 8-15-96 1OTC 7-1979, f. & ef. 4-19-79 1OTC 12-1978(Temp), f. & ef. 12-19-78
734-051-1010 Authority for Rules — General Provisions Division 51 rules are adopted under the director’s authority contained in ORS 374.310(1). Statutory/Other Authority: ORS 184.616, 184.619, 374.310–374.314, 374.345 & 374.355 Statutes/Other Implemented: ORS 374.300 to 374.360, §27, ch. 330 & OL 2011 History: HWD 8-2012, f. 6-27-12, cert. ef. 6-29-12 HWD 16-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-29-12
734-051-1020 Purpose and Intent of Rules (1) Purpose. Division 51 establishes procedures, standards, and approval criteria used by the department to govern highway approach permitting and access management consistent with Oregon Revised Statutes (ORS), Oregon Administrative Rules (OAR), statewide planning goals, acknowledged comprehensive plans, and the Oregon Highway Plan (OHP). (2) Intent. The intent of division 51 is to provide a highway access management system based on objective standards that balances 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 applicable local comprehensive plan(s) acknowledged under ORS Chapter 197. (3) Oregon Highway Plan. The Oregon Highway Plan serves as the policy basis for implementing division 51 and guides the administration of access management rules, including mitigation and public investment, when required, to ensure highway safety and operations pursuant to this division. Statutory/Other Authority: ORS 184.616, 184.619, 374.310–374.314, 374.345 & 374.355 Statutes/Other Implemented: ORS 374.300–374.360, §27, ch. 330 & OL 2011 History: HWD 8-2012, f. 6-27-12, cert. ef. 6-29-12 HWD 16-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-29-12
734-051-1030 Administration of Rules (1) Approaches Subject to division 51. Private approaches in existence and applications for private approaches filed after June 30, 2014 are governed by the rules of division 51. Public approaches do not require an Approach Permit but are subject to the provisions of OAR 734-051-1050. (2) Grandfathered Approaches. Division 51 rules do not affect existing rights of owners of grandfathered approaches that meet the definition in OAR 734-051-1070(30), except where the rules specifically state their application to grandfathered approaches, such as the rule for changes of use of an approach under 734-051-3020. An approach no longer qualifies as grandfathered once the department issues a Permit to Operate under division 51 rules or the department acquires access control as defined under 734-051-1070. (3) Compliance with Land Use Requirements. Approval of a property for a particular use is the responsibility of city, county, or other governmental agencies, and an applicant must obtain appropriate approval from city, county, or other governmental agencies having authority to regulate land use. Approval of an application for an approach to a state highway, or issuance of a construction permit or a Permit to Operate for the same, is not a finding of compliance with statewide planning goals or an acknowledged comprehensive plan. (4) General Requirements for Notices of Appealable Decisions and Other Written Communication. The department will provide notice of appealable decisions by certified mail to the applicant. Notice of non-appealable decisions and other written communication will be by first class mail, unless written agreement is made with the applicant for such communication through electronic means such as email. (5) Reasonable Access. Pursuant to ORS 374.310, the division 51 rules may not be exercised so as to deny any property that has a right of access reasonable access to the highway. ORS 374.312 authorizes adoption of rules establishing criteria for reasonable access consistent with 374.310. The rules under OAR 734-051-4020 address reasonable access solely in the context of the issuance of approach permits and do not affect whether access may be reasonable for other purposes or under other reviews. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 184.616, 184.619, 374.310–374.314, 374.345 & 374.355 Statutes/Other Implemented: ORS 374.300–374.360, §27 & 2011 OL Ch. 330 History: HWD 7-2014, f. & cert. ef. 7-9-14 HWD 2-2014, f. 6-25-14, cert. ef. 6-30-14 HWD 8-2012, f. 6-27-12, cert. ef. 6-29-12 HWD 16-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-29-12
734-051-1040 Relationship to Local Jurisdiction Rules and Regulations (1) Where ODOT and Local Jurisdiction Agree on Standards or Requirements. Where ODOT and a local jurisdiction have agreed to access spacing standards, sight distance standards or channelization requirements in an adopted facility plan that is different than the adopted standards in this rule, the agreed upon standard will be considered consistent with the standards adopted by this rule and with OAR 660-012-0015 and shall be applied to the state highways within that jurisdiction. (2) Where Local Jurisdiction Standards or Requirements Exceed OAR 734-051. Where a local jurisdiction has adopted access spacing standards, sight distance standards or channelization requirements that are more stringent than the standards adopted by these rules or allow less access to the state highway than the standards adopted in these rules, the local standards shall be considered to be consistent with the state standards and with 660-012-0015 and shall be applied to state highways within that jurisdiction. (3) Where OAR 734-051 Exceeds Local Jurisdiction Standards or Requirements. Where a local jurisdiction has adopted access spacing standards, sight distance standards or channelization requirements that are less stringent than the standards adopted by these rules or provide greater access to the state highway than those standards adopted by these rules, the local standards shall be deemed to be inconsistent with these rules and with 660-012-0015 and shall not be applied to state highways within the local jurisdiction. Statutory/Other Authority: ORS 184.616, 184.619, 374.310–374.314, 374.345 & 374.355 Statutes/Other Implemented: ORS 374.300–374.360, §27, Ch. 330 & OL 2011 History: HWD 7-2014, f. & cert. ef. 7-9-14 HWD 2-2014, f. 6-25-14, cert. ef. 6-30-14 HWD 8-2012, f. 6-27-12, cert. ef. 6-29-12 HWD 16-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-29-12
734-051-1060 Delegation of Permit Authority to Local Jurisdiction (1) Delegation of Permit Authority. 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 private approaches to regional and district highways, when it is determined by the department and a local jurisdiction that it is in the best interest of highway users. (2) Application of State Requirements. Intergovernmental agreements developed pursuant to OAR 734-051-1060(1) must provide that permits issued by the local government will be consistent with the highway plan; these administrative rules; state statutes; and local transportation system plans acknowledged under ORS 197. Statutory/Other Authority: ORS 184.616, 184.619, 374.310–374.314, 374.345 & 374.355 Statutes/Other Implemented: ORS 374.300–374.360, §27, ch. 330 & OL 2011 History: HWD 8-2012, f. 6-27-12, cert. ef. 6-29-12 HWD 16-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-29-12
734-051-1065 Restriction of Turning Movements for Existing Private Approaches (1) Applicability The department may restrict turning movements onto a state highway from an approach for which a permit was issued under OAR 734-051-3010 or that is deemed to have written permission under 734-051-3015 when the restriction is not required by contract, condemnation judgment, recorded deed or a Permit to Operate. (2) Procedures and Circumstances (a) The department may restrict turning movements under this rule for circumstances that include the following: (A) Safety and highway operations concerns set forth in OAR 734-051-4020(3); or (B) To prevent roadway departure crashes, particularly head-on type crashes and sideswipe meeting type crashes; or (C) Where drainage facilities are required in the median of the highway; or (D) To provide a two-stage or multi-stage pedestrian and/or bicycle crossing; or (E) Pursuant to local government projects and land use decisions. (b) When the department is evaluating the need to restrict turning movements under this rule, the department shall engage the following: (A) Owners of property abutting the highway that will be affected by the restriction; (B) Property lessees and business operators abutting the highway that will be affected by the restriction; (C) The local jurisdiction with land use authority in the area of the restriction; (D) A representative of the freight industry; and (E) Other stakeholders as appropriate. (c) Prior to implementing a turning restriction, the department will provide written notification to the parties listed in (a) of its decision to implement the restriction. (d) A non-traversable median may not be used as mitigation for an approach road permit unless the department first establishes that no other measures will be effective for the circumstances. Statutory/Other Authority: ORS 184.616, 184.619, 374.310–374.314, 374.345 & 374.355 Statutes/Other Implemented: ORS 374.345 & 374.312 History: HWD 7-2014, f. & cert. ef. 7-9-14 HWD 2-2014, f. 6-25-14, cert. ef. 6-30-14