justicedao/ipfs_state_laws huggingface dataset:
734-051-6050 Appraisals (1) Either the department or the property owner, at their own cost, may at any time before or during the appeal of the closure or denial under OAR 734-051-3110 have an appraisal performed to assist in determining the remedies that would address the real property value, utility or use: (a) Each party shall notify the other party of such appraisal in a timely manner; and (b) There shall be full disclosure and sharing between the parties of any appraisal and appraisal information. (2) A qualified review appraiser must review all appraisals to ensure conformance with federal and state eminent domain and access laws: (a) The reviewer may be selected by the department or selected jointly by way of mutual agreement of both the department and the property owner; and (b) The same review appraiser must review all appraisals for one affected property to ensure consistency. (3) The department and property owner may agree to mutually select one appraiser, share the appraisal costs and submit agreed-to instructions to the appraiser: (a) An appraisal from an appraiser selected under this section, after review as set forth in section (2) of this rule, will be presented to the director or the director’s designee; and (b) The director or designee shall take the information in the appraisal into consideration in making subsequent offers of remedies. 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
734-051-6060 Conditions of Agreement Reaching agreement on the appropriate remedies is contingent upon: (1) Receipt by the department of a recordable document relinquishing any grant or reservation of access at the location of the approach closure or approach application; and (2) Termination of the permit for any approach that is a subject of the settlement. 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
734-051-6070 Delegation (1) For OAR 734-051-6010 through 734-051-6070, the director delegates authority to the department’s right of way manager or the manager’s designee to: (a) Determine the department’s offer of remedies, and (b) Agree to any settlement that includes providing administrative remedies. (2) The actions in section (1) of this rule must occur prior to the final order in a contested case conducted under OAR 734-051-3110. 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
734-054-0005 Purpose The purpose of Oregon Administrative Rules 734-054-0005 through 734-054-0035 is to identify the criteria by which the Oregon Department of Transportation will select STIP projects that may accommodate a broadband facility of a third party; the process by which the department will select a broadband facility that may be added to a STIP project; and other requirements that may apply to the broadband facility as part of its installation in the state highway. Statutory/Other Authority: ORS 184.619, 184.920(2) & 184.925 Statutes/Other Implemented: ORS 184.911-184.925 & 23 CFR 645.301-645.309 History: DOD 4-2025, adopt filed 12/11/2025, effective 01/01/2026
734-054-0010 Definitions As used in these rules, unless otherwise required by context: (1) “Broadband” means wide bandwidth transmissions over optical fiber, with an ability to simultaneously transport multiple signals and traffic types at a minimum transmission speed of 25 megabits per second for downloads and three megabits per second for uploads. (2) “Broadband coordinator” means the Systems Operations & Intelligent Transportation Systems Manager of the Department or a designee. (3) “Broadband facility” means infrastructure used to transmit broadband, including but not limited to underground fiber optic cable. (4) “Department” means the Oregon Department of Transportation. (5) “Interstate highway” means Interstate 5, Interstate 82, Interstate 84, Interstate 105, Interstate 205, Interstate 405, and other interstates as they may be designated in the future. (6) “Longitudinal” means trenching in a direction that is generally parallel to the centerline of the state highway. (7) “Provider” means any entity or person identified on the registry maintained by the Oregon Business Development Department, Oregon Broadband Office as required by ORS 184.916. (8) “State highway” means any road or highway designated as such by law or by the Oregon Transportation Commission pursuant to law and includes both primary and secondary state highways. (9) “STIP” means the Statewide Transportation Improvement Program developed by the department for statewide transportation projects. (10) “Trench” or “Trenching” means open trenching, horizontal direction drilling, jacking or plowing. Statutory/Other Authority: ORS 184.619, 184.920(2) & 184.925 Statutes/Other Implemented: ORS 184.911-184.925 & 23 CFR 645.301-645.309 History: DOD 4-2025, adopt filed 12/11/2025, effective 01/01/2026
734-054-0015 Identification of STIP Projects for Broadband Coordination and Notice (1) On at least an annual basis, the department will identify STIP projects that may accommodate a broadband facility based on the following criteria: (a) A STIP project that is for the contruction, modification or improvement of a state highway and that; (b) Involves a minimum of 2,500 feet of continuous longitudinal trenching, as long as the trenching is not for culverts or other drainage facilities; (c) Is not for a project on an interstate highway; and (d) That m ay reasonably contain broadband facilities. (2) The department will give notice to all providers and, at the department’s discretion, any other interested person or business, when it identifies a STIP project pursuant to this rule. The notice will contain a list of the identified STIP projects, a statement of interest form and instructions as to how to complete the form and submit it to the department. (3) The department will provide notice by: (a) Issuing a mass group email to providers at the email address identified by the Oregon Broadband Office; (b) By posting the selected STIP projects on the website maintained by the department; and, (c) By any other means as determined by the department. Statutory/Other Authority: ORS 184.619, 184.920(2) & 184.925 Statutes/Other Implemented: ORS 184.911-184.925 & 23 CFR 645.301-645.309 History: DOD 4-2025, adopt filed 12/11/2025, effective 01/01/2026
734-054-0020 Review of Statement of Interest and Selection Criteria (1) Upon receipt of a completed statement of interest, the broadband coordinator shall notify the applicant that review of the statement of interest has been initiated. The broadband coordinator may request additional information from the applicant or facilitate one or more meetings with the applicant to determine whether accommodation of the applicant’s broadband facility is appropriate for the STIP project. (2) The department will not select an applicant if installation of its broadband facility may: (a) Increase the cost of the STIP project; (b) Cause a change or delay to the STIP project schedule; (c) Modify the scope of the STIP project; (d) Require additional coordination, concurrence or permitting by a local agency, federal agency or other state agency; (e) Conflict with another existing or planned transportation facility; (f) Create any safety hazard; or (g) Create additional impediments to traffic. (3) If multiple applicants qualify, the department may select more than one applicant and more than one broadband facility for installation in a state highway based on the location of the STIP project, the need for multiple broadband facilities, the space available and other factors that are specific to the STIP project. (4) An applicant’s failure to submit a statement of interest form within the time required by the department, or an applicant’s failure to provide sufficient information on the statement of interest form or in response to a request by the department for additional information may be grounds for the department to refuse to review the statement of interest. Statutory/Other Authority: ORS 184.619, 184.920(2) & 184.925 Statutes/Other Implemented: ORS 184.911-184.925 & 23 CFR 645.301-645.309 History: DOD 4-2025, adopt filed 12/11/2025, effective 01/01/2026
734-054-0025 Final Determination on Statement of Interest and Protest Procedures (1) The department will make a f inal determination of whether a broadband facility is selected to be added to a STIP project. (2) The final determination will be made based on the criteria set forth in OAR 734-054-0020. (3) An applicant may protest the department’s final determination by submitting a request to the department to review its decision. The request must be submitted to the broadband coordinator by certified mail within 14 days from date the department issues its final determination. The request will be considered timely if it is sent by the 14th day as shown by the date of the postmark. (4) The request for review must state the reason the applicant believes the denial was made in error in sufficient detail for the department to respond to the applicant’s request. (5) The department will consider all of the information previously submitted and any new information the applicant provides with its request and provide a final written decision. Statutory/Other Authority: ORS 184.619, 184.920(2) & 184.925 Statutes/Other Implemented: ORS 184.911-184.925 & 23 CFR 645.301-645.309 History: DOD 4-2025, adopt filed 12/11/2025, effective 01/01/2026
734-054-0030 Limitations and Conditions (1) The department will accommodate a broadband facility in a STIP project only as determined appropriate by the department in accordance with the criteria and procedures set forth in these rules, Oregon Administrative Rule Chapter 734, Division 55; and, as permitted by state and federal law. (2) An applicant selected to install its broadband facilities will be responsible for all costs required to integrate its broadband facility into the STIP project. (3) Accommodating a broadband facility in the department’s STIP project shall not increase the cost of the STIP project or cause a delay to the STIP project schedule, or otherwise result in any added cost to the department. If the selected applicant is unable to install its broadband facility without causing additional costs or delays, the department may take any necessary action to ensure the project is complete, including, but not limited to, completion of the installation at the selected applicant’s cost, cancellation the applicant’s agreement or permit to install its broadband facilities, and, removal of the applicant’s equipment at the applicant’s cost. (4) When the department authorizes access to a STIP project for construction and installation of a broadband facility, the department may specify the location the broadband facility may be installed and may require the selected applicant to coordinate its planning and work with the department’s STIP project contractor. Statutory/Other Authority: ORS 184.619, 184.920(2) & 184.925 Statutes/Other Implemented: ORS 184.911-184.925 & 23 CFR 645.301-645.309 History: DOD 4-2025, adopt filed 12/11/2025, effective 01/01/2026
734-054-0035 Permits and Agreements (1) A selected applicant will be required to apply for and receive a permit to operate on the state highway pursuant to OAR 734, division 55. (2) The department may also require a selected applicant to enter into an agreement with the department to set the compensation for the selected applicant’s use of the state highway, insurance and bonding requirements and any other provisions that may be necessary to accommodate the broadband facility in the state highway. An agreement made pursuant to this rule shall control as between OAR 734, division 55 in the event of a conflict. Statutory/Other Authority: ORS 184.619, 184.920(2) & 184.925 Statutes/Other Implemented: ORS 184.911-184.925 & 23 CFR 645.301-645.309 History: DOD 4-2025, adopt filed 12/11/2025, effective 01/01/2026
734-055-0005 Scope This rule shall apply to and govern the location, installation, construction, maintenance and use of pole lines, buried cables, pipe lines, signs, miscellaneous operations upon State Highway right-of-way and properties under the jurisdiction of the Department of Transportation. Statutory/Other Authority: ORS 184 & 374 Statutes/Other Implemented: ORS 374.305 History: 2HD 2-1981, f. & ef. 2-25-81 HC 1176, f. 9-24-68
734-055-0015 Permit Application Procedure (1) Application for a permit shall be made on the form described in OAR 734-055-0010(19) which may be obtained from the DM office. Applicant shall complete the application and furnish five copies of all necessary attachments. All permit attachments shall be 8 1/2 x 11 inches when possible. (2) Each permit application will be reviewed by the DM and a site review may be required by the DM. (3) To facilitate site review (if required by the DM), applicant shall place markers such as lath stakes, or other markings as required at the locations where the applicant proposes to work. (4) In reviewing permit applications, the DM may consider the following objectives: (a) Accommodation of utility facilities with no adverse affect on traffic safety, operation, maintenance and aesthetic quality of the highway system; (b) Incorporation of the appropriate industry code standards and AASHTO publications; (c) Placement of utility installations in locations where they shall be reasonable to construct and maintain; (d) Safe and unimpaired use of the highway; (e) Alternate routes of the utility facilities outside of highway right-of-way should be evaluated for the environmental and economic impact of any loss or impairment of productive agricultural land. (5) No permit is valid until a copy, approved by the Engineer, has been furnished applicant. No work on highway right-of-way or other Department property is to be started until applicant obtains a valid permit. However, a permit may provide that for a facility, customer service drops or laterals may be placed after notice has been provided to the DM. (6) An applicant to whom a permit has been issued may undertake emergency repairs upon verbal permission from the DM. (7) The permit may be presented by an agent, employee or contractor of applicant but it must be signed by applicant. (8) Applications that deviate from the prescribed rules and regulations must be accompanied by a Permit Variance Request. 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
734-055-0020 Allocation of Cost (1) The entire cost of locating, constructing, installing, maintaining, repairing, operating or using the facility; or performing miscellaneous operations and of any other expense whatsoever incident to the facilities or operations authorized by the permit shall be paid by applicant. (2) Applicant shall, in addition to section (1) of this rule reimburse the Department for any reasonable and necessary expenses that the Department may incur in connection with and related solely to the installation of the facility or conducting the operation authorized by the permit. Payment shall be made within 30 days after receipt of billing from the Department. When required by the permit, an advance deposit shall be filed with the DM before the permit work begins. (3) Applicant shall pay the current market value for any existing forest products on any state land which are damaged or destroyed as a result of operations authorized by the permit. Payment shall be made within 30 days after receipt of billing from the Department. 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
734-055-0040 Construction and Location Details (1) Applicant or its contractor shall advise the DM’s office at least 48 hours in advance of commencing construction of a facility for which a permit has been issued. (2) Applicant shall submit with the permit application prints of adequate drawings or sketches showing in detail the location of the proposed facility or operation as described in the permit application with respect to existing and/or planned highway improvement, the roadway, the right-of-way lines, and, where applicable, the access control lines and approved access points: (a) When attachment to a highway structure is involved, details of the attachment method including type of support, spacing, size of pipe and location of the facility shall be included. The attachment method shall be designed by a professional engineer; (b) When the proposed facility involves pressure pipe lines the following additional data is required: (A) Design pressure of pipe; (B) Normal operating pressure; (C) Maximum operating pressure. (3) Applicant’s completed facility shall be in substantial conformance with the drawings or sketches referred to in section (2) of this rule unless special permission is obtained from the DM to vary from same during installation. When such permission is obtained, applicant shall furnish the DM two sets of “as constructed” drawings or sketches detailing any such variances. 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
734-055-0045 Removal, Relocation or Repair (1) The permit is issued pursuant to the law of the State of Oregon which authorizes the Commission to subsequently require applicant to remove, relocate or repair the facility covered by the permit at the sole cost of applicant. (2) Upon receiving written notice from the Engineer to remove, relocate or repair the said facility, applicant shall within 30 days or within the time frame contained in the notice, provide to the Engineer its time estimated requirements for accomplishing the directed action. (3) The Engineer, after applicant has provided its estimated time requirement for removal, relocation or repair of said facility, may schedule a preconstruction meeting with all applicants and affected contractors to coordinate the requested activity. (4) The Engineer in a second notice shall direct applicant, within a specified time frame and consistent with a coordination plan, to complete the removal, relocation or repair of said facility. The time frame outlined in the notice shall take into consideration the applicant’s estimated time requirements to accomplish the directed action. Such removal, relocation, or repair shall be at applicant’s sole cost in accordance with said second notice and instructions received from the Engineer. Before commencing said removal, relocation or repair, applicant shall furnish such insurance and post such bond as the Engineer may consider necessary at that time in the manner provided for in OAR 734-055-0035(1) and (2). (5) Should applicant fail to remove, relocate or repair the facility as provided in section (4) of this rule, the DM may remove, relocate or repair same and submit a statement of total costs for this work to applicant. Applicant upon receiving said statement will immediately, or within a period of time agreed upon between applicant and Engineer, pay to the Department the full amount of said removal, relocation or repair costs. (6) If the section of highway in which applicant is required by the Engineer to remove, relocate or repair a facility is or will be under construction or reconstruction or improvement under a contract entered into between the Department and an independent contractor and applicant’s failure to remove, relocate or repair said pole line, buried cable, pipe line, sign or miscellaneous facility within the time specified in section (4) of this rule, or such other time as may be specified by the Engineer, results in payment by Department to its contractor of any claim for extra compensation for any work under said contract, applicant shall be liable to the Department for payment of the amount paid to Department’s contractor as a direct result of applicants failure to comply with the time requirements of the Engineer. 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
734-055-0050 Maintenance and Operation (1) Applicant shall at all times keep facilities authorized by the permit in a good state of repair both structurally and, in the case of signs, a clean and neat appearance. (2) In the event applicant plans to raise the operating pressure for existing pressure pipe lines covered by permit above the “maximum operating pressure” shown in said permit, application for a new permit or an amendment to the existing permit is required. (3) In the event applicant plans to install additional conductors, or replacement conductors of a higher capacity, on an existing aerial pole line covered by permit, application for a new permit or an amendment to the existing permit is required. (4) Prior to performing any maintenance work on the facility, applicant shall obtain prior approval from the DM. (5) All abandoned facilities belonging to the applicant shall be removed from the right-of-way by the applicant, unless the DM allows the facilities to remain by permit. 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
734-055-0055 Other Agencies (1) Nothing in this permit is intended to grant rights or imply approval in areas not falling within the authority and jurisdiction of the Oregon Department of Transportation. It is the responsibility of 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 and/or counties of Oregon, utility companies or railroads. (2) If the section of highway covered by the permit is located within a National Forest, because the Department does not generally have any further rights across National Forest land other than an easement for highway purposes, the permit extends only to such rights as the Department has acquired and may therefore properly give. For National Forest lands where the facility constitutes a servitude on the property of the United States, in addition to the rights of the Department, a permit from the Forest Service must be obtained before a highway occupancy permit will be issued. Unless applicant has evidence satisfactory to the Engineer that the rights of the United States in any National Forest land crossed by the highway right-of-way will not be impaired by the facility covered by this permit, application for a permit should be made to the supervisor of the National Forest in which the facility is to be located. Statutory/Other Authority: ORS 184 & 374 Statutes/Other Implemented: ORS 374.305 History: 2HD 2-1981, f. & ef. 2-25-81 HC 1176, f. 9-24-68