734-051-2020 Grants of Access (1) Grant of Access. The department may approve an application for a grant of access only when the provisions in sections (2) through (6) below are fully complied with. (2) Restricted Areas. (a) The department shall not approve an application for a grant of access for a private approach: (A) On an interstate highway or freeway ramp; (B) On an expressway or expressway ramp; (C) Opposite a freeway or expressway ramp terminal; or (D) In the influence area of an interchange. (b) The department shall not approve an application for a grant of access for a public approach on a freeway, freeway ramp, or an expressway ramp. (c) The department shall not approve an application for a grant of access to serve a public approach aligned opposite a freeway or expressway ramp or within the influence area of an interchange unless the public approach is included in an interchange area management or facility plan approved by the ODOT chief engineer and adopted by the commission. (3) Criteria for Grant of Access for a Private Approach. The department may approve an application for a grant of access where all of the following conditions are met: (a) An applicant submits an application for state highway approach, as set forth in OAR 734-051-3010 through 734-051-3030, with its application for a grant of access, as set forth by this rule; (b) The applicant meets the requirements for issuance for a construction permit, as set forth in OAR 734-051-5020; (c) The applicant agrees in writing to meet any mitigation measures, terms, and conditions placed on the approval of the grant of access, construction permit and the Permit to Operate; (d) One of the following in (A) or (B) occurs: (A) The department determines that access control is no longer needed at the location specified in the application for a grant of access as set forth in section (5) of this rule; or (B) The applicant establishes that the grant of access will benefit the state highway system as set forth in OAR 734-051-4030; (e) Alternate access to the property is not and cannot be made reasonable pursuant to sections (6) and (7) of OAR 734-051-4020; (f) The property owner must agree to deed restrictions that ensure that future development intensity and trip generation can be safely accommodated by the state transportation system; and (g) The technical services manager approves an application for a grant of access. (4) Criteria for Grant of Access for a Public Approach. The department may approve an application for a grant of access for a public approach to a state highway where all of the following conditions are met: (a) A local jurisdiction submits an application for a grant of access, as set forth in sections (6) through (8) of this rule; (b) The grant of access is consistent with the Oregon Highway Plan and a local transportation system plan; or, in the absence of a transportation system plan, a grant of access may be considered where the local jurisdiction has explored all practicable alternatives to the connection, including parallel streets and the purchase of additional right of way; (c) One of the following occurs: (A) The department determines that access control is no longer needed at the location specified in the application for a grant of access as set forth in section (5) of this rule; or (B) The local jurisdiction provides sufficient evidence for the department to establish that the grant of access will benefit the state highway system as set forth in (i) or (ii) below: (i) The proposed connection is a public facility with a functional classification of collector or higher and is identified in an adopted transportation system plan consistent with OAR 660-012-0000 through 660-012-0070; or (ii) The technical services manager determines that the grant of access will provide a benefit to the state highway pursuant to OAR 734-051-4030. (d) The department and the local jurisdiction requesting a grant of access for a public approach: (A) Shall enter into an intergovernmental agreement, as set forth in OAR 734-051-1050, that details the responsibility for construction, maintenance, operation, mitigation measures and cost of the public approach; and (B) May enter into an intergovernmental agreement that addresses transportation plan and land use amendments or modifications to ensure that trip generation and traffic operations from planned development can be safely supported on the state transportation system. (5) Factors to Determine if Access Control is Still Needed. For the purposes of determining whether access control is still needed, per subsections (3)(d)(A) and (4)(c)(A) of this rule, at the proposed location for a grant of access, the department shall consider factors including but not limited to those in (a) through (g): (a) Classification of the highways and highway designations; (b) Spacing standards; (c) Highway mobility standards; (d) State and local transportation system plans; (e) Comprehensive plan and land uses in the area; (f) Safety and operational factors; and (g) Sight distance standards. (6) Applicant for Grant of Access. The applicant for a grant of access must be the owner of the property abutting the highway right of way or the owner’s designated agent. (7) Complete Application for Grant of Access. A complete application for grant of access to a state highway consists of a completed and signed standard state form, a complete application for a state highway approach, including all required documentation, deposit toward processing fee for a grant of access pursuant to this rule, and a current preliminary title report covering the property to be served by the approach, showing any access easements appurtenant to the property; the department shall not process an application for grant of access that is incomplete. (8) Fees and Deposit Toward Processing Fee. The applicant shall pay all costs incurred by the department in processing the application for a grant of access. An initial deposit to cover the processing fee is required for an application for a grant of access. The total or final processing fee is based on the actual documented costs incurred by the department plus a ten (10) percent charge for general administration: (a) The department shall determine the amount of the initial deposit based on the complexity of the request and the anticipated cost of obtaining an appraisal of the grant of access; (b) The initial deposit is applied towards the total or final processing fee; and (c) The total or final processing fee includes the cost to secure an appraisal of the fair market value of the grant of access. (9) Review Process. Upon acceptance of an application for grant of access and any required documentation, the department shall evaluate the application pursuant to division 51, ORS Chapter 374, and any other applicable state statutes, administrative rules, and department manuals for evaluating and acting upon the application for a grant of access, and shall: (a) Forward the application for grant of access to the state traffic engineer for processing pursuant to section (10) of this rule; or (b) Based on the applicable rules, statutes, or department manuals, deny the application for grant of access. (10) Review by State Traffic Engineer. When the application for grant of access is forwarded to the state traffic engineer, the state traffic engineer, with the assistance of department staff, shall: (a) Evaluate the application for grant of access; (b) Notify the applicant of any additional information required; and (c) Make a recommendation to approve or deny the application for a grant of access to the technical services manager and the technical services manager shall conditionally approve or deny the application for grant of access subject to identified conditions of approval, and payment of the appraised value. The technical services manager shall provide written notification of the conditional decision to the applicant. (11) Appraisal. If the application for grant of access is conditionally approved, the department shall: (a) Appraise the abutting property to determine the fair market value of the grant of access; (b) Notify the applicant of the value of the grant of access; and (c) Provide the applicant with instructions for payment. (12) Payment for Grant of Access. Except as provided by section (13) of this rule, upon approval of an application for a grant of access and prior to issuance of the deed of the grant of access, payment must be made to the department in an amount equal to the appraised value of the grant of access; this payment is in addition to the processing fee. (13) Waiver of Payment. The department may waive payment of the appraised value of the grant of access when an application for a grant of access is for a public approach and the department has determined that the public approach will cause a direct and immediate benefit the state highway system as set forth in OAR 734-051-4030. (14) Execution and Recording. After payment of fair market value is received by the department: (a) The grant of access will be executed and recorded; and (b) A copy of the grant of access will be sent to the region manager so that a construction permit may be issued in accordance with OAR 734-051-5020 for a private approach and 734-051-1050 for a public approach. 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