justicedao/ipfs_state_laws huggingface dataset:
734-055-0060 Effective Period of Permit (1) Unless otherwise provided in the Special Provision, the permit shall be in effect for an indefinite period of time from and after the date issued, unless sooner revoked by mutual consent, or by the Commission or Engineer for failure of the applicant to abide by the terms and conditions of the permit, or by operation of the law, or at the time the applicant to which the permit is issued ceases operation. (2) Failure of applicant to comply with any of the terms and conditions of the permit shall be sufficient cause for cancellation of the permit. (3) The permit and the privileges granted and the obligations of applicant created thereby shall be binding upon the successors and assigns of applicant. Applicant shall give the Engineer written notice of any such assignment or transfer within a reasonable time thereafter. (4) If the applicant fails to commence installation of the facility covered by the permit within the period specified in the permit, the permit shall be deemed null and void and all privileges thereunder forfeited, unless a written extension of time is obtained from the DM. (5) The construction, maintenance, operation and use of the facility is subject to the paramount control of the Legislature over the state highway system and no right or privilege granted by this rule or the permit issued in accordance with this rule shall be deemed or construed to be beyond the power or authority of the Legislature to control the state highway system. Applicant accepting the permit acknowledges that the rights and privileges granted thereby may at any time be changed or abrogated by Legislative action. Statutory/Other Authority: ORS 184 & 374 Statutes/Other Implemented: ORS 374.305 History: HWY 6-1989, f. & cert. ef. 10-25-89 2HD 2-1981, f. & ef. 2-25-81 HC 1176, f. 9-24-68
734-055-0070 Conformance with Regulations and Industry Codes (1) All work in connection with the facility or operation authorized by the permit shall be done in a neat and workmanlike manner to the satisfaction of the DM, and the details of construction of the same shall conform to the established rules and regulations now in effect or which may hereafter be put in effect by the Public Utility Commissioner of the State of Oregon, the Oregon State Board of Health or other governmental agencies having regulatory authority over said facility. In the event the above agencies do not prescribe standards, then the appropriate industry codes shall apply. (2) The DM may specify requirements in addition to those listed in these rules when it is deemed necessary to adequately protect the public. Statutory/Other Authority: ORS 184 & 374 Statutes/Other Implemented: ORS 374.305 History: HWY 6-1989, f. & cert. ef. 10-25-89
734-055-0080 Freeways (1) All permit applications that request the use of freeway rights-of-way shall reasonably comply with the current AASHTO policy on the Accommodation of Utilities Within the Freeway Right-of-Way. Installations that may be allowed on freeways are generally limited to crossings only, with all of the installation work and maintenance activities performed outside of the access control line. All permit applications must include detailed drawings that show the location of the proposed facility and the freeway access control lines and/or right-of-way lines. (2) Consideration will be given for new longitudinal installations that can be located between the freeway access control line and the freeway right-of-way line. (3) Only extreme hardship cases will be considered for new longitudinal installations that are inside the freeway access control lines. Applications of this nature must satisfy the AASHTO Policy requirements regarding the impact on the freeway traffic safety, operations and maintenance; the future freeway design and construction; and applicant must demonstrate that alternate locations are not available. Applicant shall address each of the above subjects on the form provided by the DM, titled Permit Variance Request. The Department will evaluate the Permit Variance Request by applying sound engineering principles and judgment to determine the approval or denial of the permit application. (4) Ground-mounted facilities shall be located to comply with the current clear zone criteria established by AASHTO. (5) The following activities and installations are prohibited on Interstate Freeway right-of-way: (a) Open cutting of the roadway surface; (b) Service connections. (6) Generally, applicant shall not have or gain direct access, either ingress or egress, to any of the facilities authorized by the permit from the main traveled way of said freeway or its on or off ramps. Upon notice to the DM that an emergency exists and repairs are needed for the immediate protection of property and prevention of personal injury, applicant may request direct access to said authorized facility except that no vehicular traffic movement will be permitted which would cross traffic or affect the normal traffic movement. A permit will only be granted during the actual time of the emergency when applicant can assure the safety of the freeway users. Statutory/Other Authority: ORS 184 & 374 Statutes/Other Implemented: ORS 374.305 History: HWY 6-1989, f. & cert. ef. 10-25-89
734-055-0110 Special “X” Permits Utility facilities that originally occupied a portion of the right-of-way in which the owner had a compensable interest or a prior right to occupy said right-of-way, will be issued a permit titled “X” Permit. Applicant will be responsible for furnishing the DM with the documentation of the prior rights. The special provisions of this permit will identify the obligations and responsibilities of applicant and the Department. Statutory/Other Authority: ORS 184 & 374 Statutes/Other Implemented: ORS 374.305 History: HWY 6-1989, f. & cert. ef. 10-25-89
734-056-0010 Purpose OAR 734-056-0010 through 734-056-0050 establish statewide criteria for issuing permits for conducting bicycle races and special events on a state highway right-of-way. Statutory/Other Authority: ORS 184.619, 810.020, 810.030 & 810.090 Statutes/Other Implemented: ORS 810.020, 810.030 & 810.090 History: HWY 4-1997, f. & cert. ef. 4-23-97
734-056-0020 Definitions As used in OAR 734-056-0010 through 734-056-0050, the following definitions apply: (1) “Applicant” means the individual or individuals, corporation, company, firm, business, partnership or agency named in and signing the permit and to whom the permit is issued. (2) “Bicycle Race Permit” means a fully executed Form 734-2214, entitled “State of Oregon, Department of Transportation, Application for Bicycle Race Permit,” all special permit provisions included in the permit as deemed necessary by the District Manager and all exhibits, including any provisions of OAR 734, division 055. (3) “Bicycle race” means any sanctioned, competitive or timed-bicycle event. (4) “Department” means the Department of Transportation of the State of Oregon. (5) “District Manager” means the person in charge of each of the Highway Districts established by the Department throughout the State or the District Manager’s designated representative. (6) “Filming activity” means any film, video tape or still photography, including but not limited to movie and commercial filming. (7) “M.U.T.C.D.” means “Manual on Uniform Traffic Control Devices for Streets and Highways.” (8) “Permit” means a fully executed Form 734-3457, “State of Oregon, Department of Transportation, Application and Permit to Occupy or Perform Operations Upon a State Highway,” all special permit provisions included in the permit as deemed necessary by the District Manager and all attached exhibits, including any provisions of OAR 734, division 055. (9) “Right-of-way” means the entire width between the exterior public property line including the paved roadway, surface, shoulder area, ditches and other drainage facilities. (10) “Special event” means any planned activity that brings together a community or group of people for an expressed purpose, including, but not limited to, parades, bicycle races, road runs and filming activity, that may result in total or partial closure of state highway or state highway sections. (11) “Spokesperson” means the individual chosen by an applicant group to represent the group. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.619, 810.020, 810.030 & 810.090 Statutes/Other Implemented: ORS 810.020, 810.030 & 810.090 History: HWY 4-1997, f. & cert. ef. 4-23-97
734-056-0040 Cancellation of a Permit (1) The District Manager may cancel a Bicycle Race Permit or Permit issued a special event for any reason, including, but not limited to, weather conditions, safety considerations, in emergencies (i.e., fire, accidents) or failure of the applicant to comply with the terms of the permit. Cancellation shall be issued in writing, except as provided in section (2) of this rule. Such cancellation may be cause to deny future Bicycle Race Permits or Permits for special events to the applicant. (2) Cancellation may be verbal and shall be followed by written confirmation of the verbal cancellation. Statutory/Other Authority: ORS 184.619, 810.020, 810.030 & 810.090 Statutes/Other Implemented: ORS 810.020, 810.030 & 810.090 History: HWY 4-1997, f. & cert. ef. 4-23-97
734-056-0050 Liability and Control (1) An applicant shall be responsible and liable for all damage or injury to any person or property resulting from the special event for which the permit is issued. The applicant may have to provide satisfactory insurance coverage. The applicant shall indemnify and hold harmless the State of Oregon, the Commission, the Department, its agents and employees against any and all damages, claims, demands, actions, causes of action, costs and expenses. (2) Signs not conforming to M.U.T.C.D. with Oregon supplements or from the Department Sign Policy and Guidelines for the State Highway System are unauthorized upon any portion of the right-of-way. When traffic control is required by the District Manager to provide warning of the bicycle race or special event such signs shall be placed and maintained at the cost of the applicant in compliance with M.U.T.C.D. or authorized traffic control plan. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.619, 810.020, 810.030 & 810.090 Statutes/Other Implemented: ORS 810.020, 810.030 & 810.090 History: HWY 4-1997, f. & cert. ef. 4-23-97
734-058-0010 Purpose OAR 734-058-0010 through 734-058-0080 establish criteria for issuing permits for pedestrian activities, as defined in division 58 rules, on state highway right of way. Statutory/Other Authority: ORS 184.616, 184.619 & 814.070 Statutes/Other Implemented: ORS 814.070 History: HWD 8-2008, f. & cert. ef. 8-26-08
734-058-0020 Definitions As used in OAR 734-058-0010 through 734-058-0080, the following definitions apply: (1) “Applicant” means the individual or individuals, corporation, company, firm, business, partnership, organization or agency named in and signing the Permit and to whom the Permit is issued. (2) “Department” means the Oregon Department of Transportation (ODOT). (3) “DM” means the ODOT District Manager or designee. DMs are responsible for highway maintenance, operations and issuing permits for use of Right of Way for all State highways within a specific geographic area or “District.” (4) “General Provisions” means those provisions attached and made part of an issued Permit, which are generally applicable to all Permits. General Provisions are superior to any Standard or Special Provisions in a Permit if there is a conflict between them. (5) “MUTCD” means Manual on Uniform Traffic Control Devices for Streets and Highways. (6) “Oregon Temporary Traffic Control Handbook” means a guide for traffic control operations of three days or less based upon the MUTCD. (7) “Pedestrian Activity” or “Activity” means any planned activity that brings together a community or group of people for an expressed purpose, including soliciting contributions, business, or interest from motorists using the highway provided the activity does not impede traffic or cause a traffic hazard. (8) “Permit” means the application as a fully executed form signed, issued and controlled by the DM on behalf of the State of Oregon, Department of Transportation, and allowing Applicant to conduct a Pedestrian Activity and all provisions and exhibits attached to the Permit as deemed necessary by the DM. A Permit does not convey any land right or easement. (9) “Right of Way” means the entire width of real property delineated by property lines along each side of the highway, including the paved surface, shoulders, ditches and other drainage facilities, and all other highway facilities or lands within the boundaries of the right of way lines used for the operation of the highway. (10) “Special Provisions” means those specific provisions under the heading “Special Provisions” which when attached to are made part of, and are unique to, the Permit. Special Provisions are subordinate to General Provisions and superior to Standard Provisions, if they are in conflict. (11) “Standard Provisions” means provisions with standard wording under the heading “Standard Provisions” which are attached to and made part of the Permit. Standard Provisions are subordinate to General Provisions and Special Provisions if they are in conflict. Statutory/Other Authority: ORS 184.616, 184.619 & 814.070 Statutes/Other Implemented: ORS 814.070 History: HWD 8-2008, f. & cert. ef. 8-26-08
734-058-0040 Effective Period and Cancellation of Permit (1) The Permit will be in effect for the period of time provided in the Permit. Permits are not transferable and may be cancelled by mutual consent of the parties. The Department may revoke a Permit for non-compliance with the terms of the Permit. (2) The Permit will be voided and all privileges there under forfeited if the Applicant fails to commence the activity covered by the Permit within the period specified in the Permit, unless a written extension of time is obtained from the DM. (3) The DM may cancel a Permit for cause, including, but not limited to, weather conditions, safety considerations, in emergencies (i.e., fire, accidents), failure of the Applicant to comply with the terms of the Permit, or operation of law. Cancellation may be issued in writing, or be verbal followed by written confirmation of the verbal cancellation. (4) A revoked Permit within the previous three (3) years or repeated failure to comply with the terms of the Permit may result in the Applicant’s forfeiture of privilege to apply for and to receive a Permit for Pedestrian Activity. Statutory/Other Authority: ORS 184.616, 184.619 & 814.070 Statutes/Other Implemented: ORS 814.070 History: HWD 8-2008, f. & cert. ef. 8-26-08
734-058-0060 Insurance The Applicant shall obtain and carry liability and property damage insurance policy or policies providing coverage against claims, demands, suits or actions for property damage, personal injury, or death resulting from any activities of Applicant, its officers, employees, agents or contractors in connection with the activity being conducted as authorized by the Permit. In addition, Applicant shall include as additional insured the State of Oregon, the Commission, the Department, and members thereof, its officers, agents and employees. The Applicant shall provide proof of coverage of a combined single limit of $1,000,000. The insurance policy or policies shall be with an insurance company duly authorized and licensed to do business in the State of Oregon. There shall be no cancellation, material change, potential exhaustion of aggregate limits, or non-renewal of insurance coverage without thirty (30) days written notice from the Applicant or its insurer to the Department. When the Applicant is a public body, self- insurance may be provided in lieu of liability and property damage insurance policy or policies. A copy of the certificate of insurance or self-insurance shall be submitted to and approved by the Department of Transportation, Maintenance and Operations Branch, 455 Airport Road SE, Building K, Salem OR 97301 before any activity is commenced under the Permit. Statutory/Other Authority: ORS 184.616, 184.619 & 814.070 Statutes/Other Implemented: ORS 814.070 History: HWD 8-2008, f. & cert. ef. 8-26-08
734-058-0070 Activity Details (1) The Applicant shall advise the DM’s office at least 48 hours in advance of commencing activity for which the Permit has been issued and within 48 hours of completion of the activity. (2) The Applicant shall minimize the amount of debris, refuse and waste of all kinds on the highway Right of Way produced by activities of the Applicant. The Applicant shall remove any such debris, refuse or waste of any kind immediately upon completion of the activity, and restore the highway Right of Way to its pre-activity condition or better as determined by the DM. (3) The Applicant shall minimize the amount of dirt or debris spread or tracked onto the highway from the activity area. The highway shall be cleaned of all dirt and debris at the end of each work day, or more frequently if so determined by the DM. (4) The Applicant shall protect all existing highway features, including but not limited to the highway surface and structure, sidewalks and bicycle paths, bridges, signs, signals, pavement markers, guardrails and barriers, impact attenuators, drainage features, landscaping, and fences, from damage as a result of activity. The Applicant shall restore any damaged feature to the satisfaction of the DM whether discovered at the time of damage or at a later date. When planting is necessary to restore damaged landscape, the planting is subject to a plant establishment period of one year from the date of planting to ensure satisfactory growth of the planted materials. Unrepaired damage or unrestored features may be repaired or restored by the DM at the expense of the Applicant. (5) Participation by or presence of individuals under 16 years of age at the activity site, other than in the regular pedestrian area of the roadway, is not allowed. Statutory/Other Authority: ORS 184.616, 184.619 & 814.070 Statutes/Other Implemented: ORS 814.070 History: HWD 8-2008, f. & cert. ef. 8-26-08
734-058-0080 Coordination with Other Agencies Nothing in the Permit is intended to grant rights or imply approval of activity in areas not falling within the authority and jurisdiction of the Department. It is the responsibility of the Applicant to determine the need for and to obtain such licenses, permits or other form of approval which may be required by other state agencies, federal agencies, cities or counties of Oregon, railroads, special Districts, or Indian Lands within the State. Statutory/Other Authority: ORS 184.616, 184.619 & 814.070 Statutes/Other Implemented: ORS 814.070 History: HWD 8-2008, f. & cert. ef. 8-26-08
734-059-0020 Business Defined (1) As used in OAR chapter 734, division 059, unless the context of the rule requires otherwise, a business means a commercial or industrial enterprise operated with the intent of economic gain. (2) The location of a business includes the main buildings as well as other physical areas necessary or customarily incident to the business, including a limited amount of open space as is arranged and designed to be used in immediate connection with such buildings and uses. Statutory/Other Authority: ORS 184.616, 184.619, 377.710 & 377.720 Statutes/Other Implemented: ORS 377.720 History: HWD 11-2014, f. & cert. ef. 12-19-14 HWD 8-2007, f. & cert. ef. 12-24-07 HWD 5-2007(Temp), f. & cert. ef. 7-19-07 thru 1-14-08
734-059-0025 Activity Open to the Public As used in OAR chapter 734, division 059, unless the context of the rule requires otherwise, an activity open to the public means a location, the main purpose of which involves the admission of or providing service to members of the public. This includes: (1) Places of worship; (2) Educational facilities; (3) Meeting halls; (4) Facilities of non-profit or charitable organizations; (5) Public parks; (6) Government offices. Statutory/Other Authority: ORS 184.616, 184.619, 377.710 & 377.720 Statutes/Other Implemented: ORS 377.710 & 377.720 History: HWD 11-2014, f. & cert. ef. 12-19-14 HWD 8-2007, f. & cert. ef. 12-24-07 HWD 5-2007(Temp), f. & cert. ef. 7-19-07 thru 1-14-08
734-059-0030 Compensation Defined (1) As used in OAR chapter 734, division 059, unless the context of the rule requires otherwise, compensation means the exchange of something of value. It includes, without limitation, money, securities, real property interest, personal property interest, barter of goods or services, promise of future payment, or forbearance of debt. (2) Compensation does not include: (a) Goodwill; (b) The exchange of a de minimis value in relation to the benefit acquired. When an exchange of substantial value is for a purpose other than posting of a sign on the land, and a negligible amount of value is added for the sake of a sign as an accessory to that purpose, the Department may consider that a de minimis amount that does not constitute compensation for purposes of ORS 377.710(20). (c) An exchange of value that a land owner (or other person with a right to possession of the land) provides to a sign company when: (A) The compensation to the sign company is only for sign structure construction or maintenance on behalf of the land owner; and (B) The land owner fully controls the content of the sign. (3) In all cases the Department shall consider the totality of the circumstances, including without limitation, whether the compensation arrangement is reasonable and credible. Statutory/Other Authority: ORS 184.616, 184.619, 377.710 & 377.720 Statutes/Other Implemented: ORS 377.710 & 377.720 History: HWD 8-2007, f. & cert. ef. 12-24-07 HWD 5-2007(Temp), f. & cert. ef. 7-19-07 thru 1-14-08
734-059-0040 Qualifying as a Business or Activity Open to the Public (1) The following are not Businesses or Activities Open to the Public for the purposes of the Outdoor Advertising Sign Program: (a) Outside advertising sign structures; (b) Agricultural, forestry, ranching, grazing, farming land and related activities, including, but not limited to, temporary roadside food and produce stands including seasonal stands; (c) Activities that are housed in a temporary building or structure that are visible to the traffic lanes of the traveled way and do not have indoor restrooms, utilities, running water, functioning electrical connections or adequate heating; (d) Where conducted in a building that is primarily used as a residence, apartment house or residential condominium; (e) Recreational facilities such as campgrounds, golf courses, tennis courts, wild animal parks, and zoos, except for the portion of the activities occupied by permanent buildings and parking lots which otherwise meet the criteria in this subsection; (f) Public or private utilities including telephone poles, radio, microwave or cellular communication towers; and, (g) Railroad tracks (2) In determining whether a location is a business or activity open to the public, the Department may consider the totality of the circumstances, including but not limited to the following: (a) If a business license has been issued by the state; (b) Whether the facility is open to potential customers, with regular hours of operation; (c) Whether there is appropriate vehicular access and parking present; (d) Whether there are indices of operation such as a telephone, or other communication service, appropriate utility connections, appropriate equipment, restroom facilities, permanent facility structures, etc.; and, (e) How long the operation has been in existence. Statutory/Other Authority: ORS 184.616, 184.619, 377.710 & 377.720 Statutes/Other Implemented: ORS 377.720 History: HWD 11-2014, f. & cert. ef. 12-19-14