734-029-0030 General Requirements (1) The Applicant must apply in writing on the form provided by the Department to the DM for the District in which the section of highway requested to be adopted is located. When noxious weed removal is a desired work activity, the Applicant must also provide the DM with a plan approved in writing by the Oregon Department of Agriculture or the appropriate county governing body. The plan shall include the species of plant to be removed, the method of removal that does not include the use of pesticides, herbicides, or machine powered equipment, and the timing and frequency of noxious weed removal. (2) An “Adopt-A-Highway” permit will be executed by the Applicant and the DM under the authority of OAR Chapter 734, Division 55 and Division 29. In the event of a conflict, Division 29 rules will prevail. The Permit will list the specific requirements and obligations of both the Applicant and its Participants, and the Department. (3) An application is not a Permit until it is approved and signed by the DM. No work is to be done along the highway until the Applicant has obtained a valid Permit. The approved Permit must be physically at the work site when the work is being performed. (4) The section of highway adopted will be at least two miles in length for litter pickup or noxious weed removal. This minimum may be modified at the discretion of the DM where there are unique or unusual situations or features having to do with allowed work activities on a specific highway section. (5) The term of the permit will be for a period of one, two, or three years. (6) A section of highway may be adopted by more than one Applicant with only one Applicant for litter pick up and one Applicant for noxious weed removal. If more than one Applicant requests the same section of highway for the same work activity, the DM may make the selection by earliest date of application or by a random drawing. (7) Assignment of a specific section of highway shall be at the discretion of the DM. (8) The DM may consider factors such as width of right-of-way, geometrics, congestion, and sight distance in determining which highways or sections of highway will be eligible for adoption under Division 29 rules. (9) Subcontracting or assigning work, or hiring or paying a wage or salary for work on the adopted section by the Applicant to any party is prohibited and will result in cancellation of the permit. (10) The DM may cancel a Permit for any reason including, but not limited to safety considerations concerning highway operations, failure of the Applicant to perform the work described in the Permit, or failure of the Applicant to comply with provisions of the Permit. This cancellation will be issued in writing. (11) The Applicant may cancel the permit with 30 days written notice to the DM. (12) An Applicant has the option of renewing the permit for subsequent terms subject to the approval of the DM. Such request must be submitted in writing, signed by the Applicant and submitted to the DM at least 30 days prior to the permit expiration date. (13) The Applicant shall not use state highways to display advertising signs or display or sell merchandise of any kind. Statutory/Other Authority: ORS 184.616, 184.619 & 366.158 Statutes/Other Implemented: ORS 366.158 History: HWD 5-2010, f. 6-16-10, cert. ef. 7-1-10 HWY 6-1992, f. & cert. ef. 3-26-92