justicedao/ipfs_state_laws huggingface dataset:
734-031-0020 Acknowledgement Signs (1) A sign may be placed by the Rest Area Operator informing the public of the Participant’s Contribution with the Participant’s name or acronym when the Contribution meets the requirements of Division 31 rules. The Participant may be required to provide evidence of the Participant’s existence such as the Participant’s organizational bylaws, website, or letterhead. When the Participant is an individual or family group, the individual’s name (first name or initial and last name) or the family name (e.g. Smith Family) will be used. (2) The Acknowledgement Sign shall not be used for advertising or as a memorial and shall not contain items such as contact information, directions, slogans, telephone numbers, website, or internet addresses. The Participant name may be verified with the Secretary of State’s business name registry or other information available to the Rest Area Operator. (3) The Acknowledgement Sign may be installed after the Participant has provided the monetary or product Contribution, or has successfully performed the Highway Related Service described in the Sponsorship Agreement at least once. (4) In addition to the Contribution, the Participant will be responsible for the Rest Area Operator’s cost to manufacture and install the Acknowledgement Sign. The sign will remain the property of the Rest Area Operator and be removed by the Rest Area Operator when the Sponsorship Agreement is cancelled or has expired. (5) If the Department or Rest Area Operator determines that the Acknowledgement Sign interferes with the maintenance, operation, or use of the Rest Area or the state highway, the sign will be removed. Acknowledgement Signs that are repeatedly vandalized or stolen may not be replaced at the discretion of the Rest Area Operator. Statutory/Other Authority: Federal Policy 5160.1A, ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.205 History: HWD 2-2016, f. & cert. ef. 6-21-16
734-031-0025 Acknowledgement Sign Design and Placement (1) When an Acknowledgement Sign is used for sponsorship recognition on the mainline of the adjacent state highway or the Rest Area entrance or exit ramp, or is in a Rest Area and legible to motorists using the Rest Area, it must conform to the signing standards in the MUTCD and design standards adopted by the Department. Such Acknowledgement Signs must not have moving elements or simulate movement, have bold or vibrant colors, or be attached to, imitate or interfere with any traffic control device. (2) When the sponsorship is for a specific Rest Area feature or a component of a specific Rest Area feature, one Acknowledgement Sign may be installed in the Rest Area placed at or as close as practical to the feature being sponsored. The sign will not be installed in a location where it would obscure a Rest Area visitor’s view of traffic control devices, interfere with the regular use of the Rest Area by Rest Area visitors, or be visible from the mainline highway. The sign will say ‘_____________ SPONSORED BY’ on the first line and the Participant name or acronym on the next one or two lines. (3) When the sponsorship is for the overall Rest Area, one Acknowledgement Sign for each direction of travel may be installed on the mainline upon approval of the Department. The Acknowledgement Sign may be an independent sign assembly or an acknowledgement plaque/rider added to an existing sign and placed as close as practicable to the entrance to the Rest Area and will say ‘REST AREA SPONSORED BY’ on the first line with the Participant name or acronym on the next one or two lines. Acknowledgement Signs on the mainline must be static, non-changeable signs and shall not be overhead installations. When the Acknowledgement Sign on the mainline is an independent sign assembly, it must be located at least 500 feet from any other traffic control device. In addition, one Acknowledgement Sign may be placed in the Rest Area provided the sign is not visible to the mainline highway and does not pose a safety risk to Rest Area users. Statutory/Other Authority: Federal Policy 5160.1A, ORS 184.616, 184.619 & 366.205 Statutes/Other Implemented: ORS 366.205 History: HWD 2-2016, f. & cert. ef. 6-21-16
734-032-0000 Purpose of and Need for the Scenic Byway Program Administrative rules OAR 734-032-0000 through 734-032-0070 establish the Scenic Byway Program as authorized by ORS 184.617 and 184.619. The program consists of a multistep process starting with an idea (citizen, special interest group, local, state or federal agency) to designate transportation corridor as an Oregon Scenic Byway and progressively move that idea through a series of reviews culminating, if warranted, in a designation of an Oregon Scenic Byway by the Oregon Transportation Commission and the Oregon Tourism Commission. The program is intended to recognize scenic byways across jurisdictional boundaries, to orient and focus on the tourist or motorist and to show off the best in the way of scenic byways. The stimulus for this program has come from the Intermodal Surface Transportation Efficiency Act of 1991. Statutory/Other Authority: ORS 184.617 & 184.619 Statutes/Other Implemented: Intermodal Surface Transportation Efficiency Act of 1991 History: HWY 6-1994, f. & ef. 12-29-94
734-032-0010 Goals and Objectives of the Scenic Byway Program (1) The goals of the Scenic Byway Program are to: (a) Create a comprehensive statewide multi-agency program to identify and manage Oregon’s most outstanding scenic transportation corridors; (b) Preserve and/or enhance Oregon’s most outstanding scenic transportation corridors; and (c) Provide meaningful tourism opportunities for the traveling public. (2) The following objectives are intended to accomplish these goals: (a) Develop a process and criteria for evaluating and designating scenic transportation corridors; (b) Develop guidelines for producing management strategies to preserve and/or enhance designated scenic transportation corridors; and (c) Develop a guide and/or may of scenic transportation corridors for public information. Statutory/Other Authority: ORS 184.617 & 184.619 Statutes/Other Implemented: Intermodal Surface Transportation Efficiency Act of 1991 History: HWY 6-1994, f. & ef. 12-29-94
734-032-0020 Terminology The following terminology shall be used when applying the criteria in this division: (1) Agriculture/Forestry — Crops, wineries, vineyards, ranches, fisheries, old-growth and reforested lands. (2) Color — Overall color(s) of the basic components of the landscape (e.g., soil, rock, vegetation, etc.) as they appear during the seasons or periods of high use. Key factors are variety, contrast and harmony. (3) Driveability — Driving safety, ease and pleasure as related to road standards (e.g., lane and shoulder width, traffic character, etc.) (4) Landform — Topography becomes more interesting as it gets steeper or more massive, or more severely sculptured. Outstanding landforms may be monumental or exceedingly artistic and subtle. (5) Modifications — Modifications in the landform, water, vegetation or addition of structures that detract from or complement the scenic quality. (6) Natural — This includes natural features such as geologic formations, wildlife sites, waterfalls, lake basins, old-growth stands, mountain meadows, etc. (7) Paved — Hard surfaces such as concrete or bituminous. (8) Uniqueness/Scarcity — The relative scarcity or abundance of a particular unique scenic resource or combination of features within the geographic region. (9) Vegetation — Forest, prairies, orchards, active farm cropland and tree farms. Consider variety of patterns, form and textures created by plant life. Consider smaller scale vegetational features which add striking and intriguing detail elements to the landscape. (10) Water — Ocean, rivers, lakes, waterfalls,rapids, marshes, canals and harbors. That ingredient which adds movement or serenity to a scene. The degree to which water dominates the scene. Statutory/Other Authority: ORS 184.617 & 184.619 Statutes/Other Implemented: Intermodal Surface Transportation Efficiency Act of 1991 History: HWY 6-1994, f. & ef. 12-29-94
734-032-0030 Categories of Routes There are two categories of routes in the Scenic Byways system. Scenic Byways include the most scenic routes with road standards that would accommodate most travelers. These routes encompass scenic, historic, recreational and cultural values of not only the roadway right-of-way, but also the adjacent visual resources. Tour Routes include all the other purely scenic routes with limited driveability as well as routes with special features. Further definition of these routes are: (1) Scenic Byways encompass national or statewide known scenic values of the roadway and adjacent visual resources. In general, scenic routes are paved, passable by passenger car and meet certain road and safety standards. This classification contains examples of truly spectacular routes with national or statewide recognition and the best scenic drives in Oregon. The Scenic Byways shall include the many varieties of the Oregon landscape and shall be distributed throughout the state. The number of routes shall be limited so the state is not saturated with scenic drives. The pattern of routes shall not be confusing to the public. Crisscrossing or overlap of designated routes shall be avoided. (2) Tour Routes encompass regionally or locally known scenic, cultural or historic values which also have features or points of interest that tend to draw people out of their cars. These could include wine tours, covered bridge tours or resource management tours. Tour routes may also be more primitive routes requiring high-clearance vehicles, with scenery ranging from national to local. Tour Routes may be paved, but some are not, and a few require four-wheel drive vehicles, while others are driveable by normal passenger car. The routes shall be safe for the prescribed season and required type of vehicle. Statutory/Other Authority: ORS 184.617 & 184.619 Statutes/Other Implemented: Intermodal Surface Transportation Efficiency Act of 1991 History: HWY 6-1994, f. & ef. 12-29-94
734-032-0040 Oregon Scenic Byway Designation Process — Initial Screening of Scenic Byway Proposal (1) To be considered as a scenic byway the proponent must submit the following: (a) Written narrative statement of the route identifying items of significance or interest in relation to the established criteria; (b) Documentation of conceptual support by jurisdictional agencies in the corridor; (c) Map of route, showing beginning and ending points, length and width of corridor; and (d) Definition of the location of points of interest or significance. (2) The Oregon Scenic Byway Committee shall review the proposal against the criteria and determine whether it shall proceed through the designation process. The committee shall also review the proposed route against currently designated routes and other pending proposals to assure that the pattern of designated routes shall not be confusing and are not becoming saturated. If the committee recommends not to proceed it shall provide comments to the applicant on weaknesses of the proposal and possible improvements where applicable. Statutory/Other Authority: ORS 184.617 & 184.619 Statutes/Other Implemented: Intermodal Surface Transportation Efficiency Act of 1991 History: HWY 6-1994, f. & ef. 12-29-94
734-032-0060 Monitoring Designated Oregon Scenic Byways and Tour Routes The Oregon Scenic Byway Committee shall review field inventories against current conditions at least once every five years. The committee may recommend the removal of routes that no longer meet the criteria due to changed conditions at the completion of the five year review or at any time there is a significant change in the conditions of the route. Statutory/Other Authority: ORS 184.617 & 184.619 Statutes/Other Implemented: Intermodal Surface Transportation Efficiency Act of 1991 History: HWY 6-1994, f. & ef. 12-29-94
734-032-0070 Scenic Byway Committee The Oregon Scenic Byway Committee shall consist of a representative from each of the entities listed below with the Oregon Department of Transportation representative chairing the committee: (1) Oregon Department of Transportation; (2) Oregon Economic and Community Development Department; (3) Oregon Parks and Recreation Department; (4) U.S. Forest Service; (5) Bureau of Land Management; (6) Association of Oregon Counties; (7) Oregon Association of Convention and Visitors Bureaus; and (8) League of Oregon Cities. Statutory/Other Authority: ORS 184.617 & 184.619 Statutes/Other Implemented: Intermodal Surface Transportation Efficiency Act of 1991 History: HWY 6-1994, f. & ef. 12-29-94
734-035-0010 Removing Personal Property from Illegal Camping on State Highway Right of Way — Purpose The purpose of OAR 734-035-0010 through 734-035-0040 is to outline a process for removing personal property from state highway rights of way by the Department of Transportation under ORS 377.650 and 377.653 where the personal property is reasonably believed to be the result of illegal camping. Statutory/Other Authority: ORS 184.616, 184.619 & 377.653 Statutes/Other Implemented: ORS 377.650 & 377.653 History: HWD 9-2014, f. 11-26-14, cert. ef. 12-8-14 HWD 5-2014(Temp), f. 7-9-14, cert. ef. 7-10-14 thru 12-21-14 HWD 3-2014(Temp), f. & cert. ef. 6-25-14 thru 12-21-14 HWD 4-2012, f. 2-21-12, cert. ef. 2-24-12 HWY 16-1990, f. & cert. ef. 12-28-90 HWY 12-1990(Temp), f. & cert. ef. 7-20-90
734-035-0020 Removing Personal Property from Illegal Camping on State Highway Right of Way — Definitions (1) Personal property includes items which are reasonably recognizable as belonging to individual persons and which have apparent utility. Items which have no apparent utility or are in an unsanitary condition are considered junk and will be discarded. (2) Weapons, drug paraphernalia, and items which reasonably appear to be either stolen or evidence of a crime will be turned over to the appropriate law enforcement agency. Statutory/Other Authority: ORS 377 Statutes/Other Implemented: ORS 377.650 History: HWY 16-1990, f. & cert. ef. 12-28-90 HWY 12-1990(Temp), f. & cert. ef. 7-20-90
734-035-0030 Removing Personal Property from Illegal Camping on State Highway Right of Way — Removal, Storage, and Retrieval (1) Personal property (as defined in OAR 734-035-0020) will be separated during cleanups from trash/debris/junk (which will be immediately discarded) and items to be turned over to law enforcement officials and stored. The personal property shall be stored for no less than 30 days. During that period it will be reasonably available to persons claiming ownership of the personal property. (2) Each district will arrange in advance for a location to store personal property. The storage facility should be reasonably secure. The location should be reasonably accessible to the cleanup area and preferably served by public transportation. If a Department of Transportation facility is used, the address of the facility will not be publicized. Instead, a telephone number to arrange an appointment to pick up claimed personal property will be provided. The telephone number should reach an office which is staffed during normal business hours (8 a.m. to 5 p.m. weekdays). A person claiming property must be able to schedule an appointment at a convenient time (also during business hours). Statutory/Other Authority: ORS 377 Statutes/Other Implemented: ORS 377.650 History: HWY 16-1990, f. & cert. ef. 12-28-90 HWY 12-1990(Temp), f. & cert. ef. 7-20-90
734-035-0050 Disposition of Surplus Property; General Policy It is the general policy of the Department of Transportation to efficiently and economically dispose of real property that is determined by the agency to be surplus. Statutory/Other Authority: ORS 184 & 366 Statutes/Other Implemented: ORS 270.100 History: HWY 9-1990, f. & cert. ef. 5-24-90
734-035-0060 Determination that Property is Surplus The following criteria may be used to determine real property is surplus: The property is no longer needed by the agency for public purposes. Statutory/Other Authority: ORS 184, 273 & 366 Statutes/Other Implemented: ORS 270.110 History: HWY 9-1990, f. & cert. ef. 5-24-90
734-035-0070 Notice to Department of Administrative Services Upon declaring property to be surplus to its needs, the Department of Transportation shall notify the Department of Administrative Services of the intent to sell the property. Statutory/Other Authority: ORS 184 & 273 Statutes/Other Implemented: ORS 270.100 History: HWY 9-1990, f. & cert. ef. 5-24-90
734-035-0080 Appraisal of Surplus Property (1) Before offering for sale any real property or equitable interest therein owned by the Department of Transportation, the Department shall cause the property to be appraised by one or more competent appraisers. All appraisals so obtained shall be reviewed in compliance with the Department’s Right of Way Manual to insure accuracy and adequacy of the value reported for the real property. (2) Said appraisal(s) and the appraisal review shall be used by the Department’s Right of Way Manager to establish the asking price for the real property. (3) Except as provided in OAR 734-035-0110, if an asking price in excess of $5,000 is established for any surplus property, the property shall not be sold to any private person until competitive bids have been requested by the Department. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184 & 366 Statutes/Other Implemented: ORS 270.100 History: HWY 9-1990, f. & cert. ef. 5-24-90
734-035-0090 Publication of Notice of Sale (1) Except as provided in OAR 734-035-0110, the Department shall give notice of all sales of real property or interest therein with an asking price in excess of $5,000. (2) The notice of sale shall contain: (a) A description of the property by street address and/or by legal subdivision; (b) The minimum price for which the property will be sold; (c) A brief statement of the terms of the sale; and (d) A source to contact for information about the property. (3) The notice of sale shall be published in accord with the following minimum time standards: (a) For properties valued between $5,001 and $25,000 — Twice during the two-week period preceding the sale by publication in a newspaper of general circulation in the county in which the property is located; or (b) For properties valued in excess of $25,000 — Three times during the three-week period preceding the sale by publication in a newspaper of general circulation in the county in which the property is located, and in such other publications as the Department deems appropriate. (4) In addition to the minimum standards for publication contained in section (3) of this rule, the Department may provide more extensive notice of sale if such additional exposure is prudent due to value of the property, intense interest on the part of the public, or other factors. (5) In addition to the public notice by advertisement, the Department shall, as much as is practicable, post properties offered for sale with signs indicating their availability for purchase. Statutory/Other Authority: ORS 284 & 366 Statutes/Other Implemented: ORS 270.130 History: HWY 9-1990, f. & cert. ef. 5-24-90
734-035-0100 Property Sales to Political Subdivisions (1) Political subdivisions, as defined in ORS 271.005, and non-profit housing providers/housing authorities, shall be afforded the first opportunity, after other state agencies, to purchase surplus real property. (2) The Department may require at the time of sale or transfer of real property to a political subdivision that the property shall be for use of a public purpose or benefit, and not be for resale to a private purchaser. Statutory/Other Authority: ORS 184, 271 & 366 Statutes/Other Implemented: ORS 270.100 History: HWY 9-1990, f. & cert. ef. 5-24-90
734-035-0110 Exception to Appraisal Requirements and Publication of Notice of Sale (1) Purpose. The purpose of this rule is to establish criteria and procedures to exempt surplus real properties from the usual appraisal and public notice requirements prior to disposal, as allowed by ORS 184.634. (2) Definitions. The following definitions apply to this rule: (a) “Minimal value” means a value of $20,000 or less. (b) “Formal appraisal” means the appraisal process described in OAR 734-035-0080. (3) Exempt Properties. Notwithstanding OAR 734-035-0080 and 734-035-0090, the Department may sell or dispose of real property or an interest therein direct to a private party without publication of a notice of sale or formal appraisal when: (a) The property, because of its size, shape, location, utility, condition of title, or restriction imposed upon the property by the Department, has minimal value and is useful only to adjacent property owners; or (b) The property may not be disposed of to anyone other than adjacent property owners because of local land use ordinances. (4) Requirements in lieu of formal appraisal and publication: (a) When, under this rule, a property is exempt from the formal appraisal process, the Department will determine the value of the property. The Department may use valuations or appraisals of comparable properties, assessors’ reports, or any other data that adequately demonstrates the value of the subject property. The Department will include in its file the data it used to determine the value or a summary of the data. (b) When, under this rule, a property is exempt from the publication requirements of OAR 734-035-0080 or 735-035-0090, the Department will notify adjacent property owners, and the local road authority when the property is adjacent to a road, of the proposed sale of real property at least 21 days before the date of the sale of the real property. The 21 days will be counted from the date the notice is hand delivered to the address, or from the date of mailing. The following apply to notification: (A) The notification must be in writing and include a description of the property to be sold, the terms of purchase, and an opportunity to bid; (B) The Department will notify by hand delivery, or by certified or registered mail, at the discretion of the Department. Delivery or mailing will be to the last known residence address of the adjacent property owner(s) of record in the county clerk’s office in the county where the property is located. If the Department has another address it believes to be more current, it may use that address in place of the address on file with the county clerk; and (C) Actual receipt of the notice by the adjacent property owner is not necessary for the Department to meet the requirements of this rule. Statutory/Other Authority: ORS 184.616, 184.619 & 184.634 Statutes/Other Implemented: ORS 184.634 History: HWD 3-2005, f. & cert. ef. 4-26-05 HWY 9-1990, f. & cert. ef. 5-24-90
734-035-0120 Determination of Most Advantageous Bid (1) The decision of the Department on the question of the most advantageous bid shall be final and conclusive. (2) The Department shall reserve the right to accept or reject any bid. Statutory/Other Authority: ORS 184 & 366 Statutes/Other Implemented: ORS 270.135 History: HWY 9-1990, f. & cert. ef. 5-24-90
734-035-0130 Procedure If No Satisfactory Bid Received (1) At any time during a period of one year after the auction date from which no satisfactory bid was received, the Department may sell the property at a private negotiated sale. (2) In negotiating a private sale pursuant to section (1) of this rule, the Department shall consider the economic benefit to the Department and the preservation of the Highway Trust Fund. Statutory/Other Authority: ORS 184 & 366 Statutes/Other Implemented: ORS 270.140 History: HWY 9-1990, f. & cert. ef. 5-24-90