justicedao/ipfs_state_laws huggingface dataset:
731-015-0135 Statewide Goal Compliance and Acknowledged Plan Com-paibility for New or Amended Rules and Programs Significantly Affecting Land Use (1) The Commission and Department shall follow the procedures in OAR 660-030-0075 to assure that new or amended rules and programs comply with the requirements of ORS 197.180 and OAR chapter 660, division 30. (2) The Department shall determine whether new or amended rules and programs affect land use pursuant to OAR 660-030-0005(2) and 731-015-0035. (3) This section shall not apply to the adoption of temporary rules or programs. Statutory/Other Authority: ORS 184 & 197 Statutes/Other Implemented: ORS 197.180 History: DOT 5-1990, f. & cert. ef. 9-26-90
731-017-0005 Purpose This division is intended to carry out the state policy outlined in ORS 367.850 to facilitate projects that support local economic development and job creation but cannot meet the funding or timing requirements of the Land Conservation and Development Commission’s Transportation Planning Rule related to state highways. This division is not intended to supersede any requirements of the Transportation Planning Rule; rather, it is intended to encourage innovation and flexibility in the application of traffic performance measures, timing and funding requirements adopted pursuant to the Transportation Planning Rule associated with amendments to comprehensive plans and land use regulations, including zone changes. This innovation and flexibility extends beyond that already permitted under OAR 660-012-0060(2) and through existing applications of Oregon Highway Plan alternate mobility standard processes. Statutory/Other Authority: ORS 184.616, 184.619 & 367.850 Statutes/Other Implemented: ORS 367.850 History: DOT 3-2010, f. & cert. ef. 12-22-10
731-017-0015 Applications for Time Extensions, Alternative Funding Plans, or Adjustments or Alternatives to Traffic Performance Measures (1) When a local government amendment needed to authorize an economic development project cannot meet the funding requirements of the Transportation Planning Rule as they relate to state highways, the local government may apply for: (a) An extension of time to meet the requirements of OAR 660-012-0060(2)(b), 660-012-0060(4)(b)(D) or 660-012-0060(4)(c)(A); (b) Approval of a plan proposing alternative methods of funding that meets the provisions in this division; (c) An adjustment to existing traffic performance measures or allowance to use an alternative traffic performance measure other than a volume to capacity ratio with a proposed acceptable level of performance during an interim period prior to completion of construction of an economic development project for a period of no more than 20 years; or (d) An adjustment to existing traffic performance measures or allowance to use an alternative traffic performance measure other than a volume to capacity ratio with a proposed acceptable level of performance that address the specific traffic impacts of an economic development project. (2) Applications under subsection (1) of this Section shall be filed with ODOT for Commission review and approval. The Commission may approve up to four applications in each ODOT Region in a calendar year. (3) The provisions of this rule do not apply to Commission approval of alternate mobility standards authorized and processed pursuant to OHP Policy 1F Action 1F.3 in system or facility planning processes. Statutory/Other Authority: ORS 184.616, 184.619 & 367.850 Statutes/Other Implemented: ORS 367.850 History: DOT 3-2010, f. & cert. ef. 12-22-10
731-017-0025 Additional Requirements for Time Extensions to Meet Funding Requirements (1) In addition to the requirements of section 0020 of this division, an application requesting an extension of time to meet the requirements of OAR 660-012-0060(4)(b)(D) or 660-012-0060(4)(c)(A) shall include the following additional information: (a) The additional time period being requested from the OTC, up to a maximum of 20 years from the date of application. (b) If applying for an extension of the time requirement in OAR 660-012-0060(4)(c)(A), the identified mitigation improvements or measures for which a time extension is needed to avoid a significant adverse impact on the Interstate Highway system. (c) An explanation why OTC approval of a time extension is reasonable and necessary. (d) An explanation of what will be accomplished during the additional time period that makes compliance with OAR 660-012-0060(1) likely by its conclusion. (e) A discussion of whether and how an extension of time might adversely impact other existing uses in the community or along a corridor. (2) Applications for time extensions beyond what is authorized in the OHP require OHP amendments and must be approved by the Commission. Pursuant to ODOT’s State Agency Coordination Agreement, any such amendment must comply with the coordination procedures in OAR 731-015-0065. Statutory/Other Authority: ORS 184.616, 184.619 & 367.850 Statutes/Other Implemented: ORS 367.850 History: DOT 3-2010, f. & cert. ef. 12-22-10
731-017-0030 Additional Requirements for Alternative Funding Plans (1) In addition to the requirements of section 0020 of this division, an application requesting approval of an alternative funding plan shall include the following additional information: (a) An estimate of the additional funds required to construct needed state highway facilities or improvements or provide identified mitigation improvements or measures. (b) A description of the proposed alternative funding method and an explanation how it would be adequate to alleviate the funding shortfall. (c) An explanation why implementation of the proposed alternative funding method is feasible and likely to occur. (d) If the proposed alternative method requires participation by other public or private entities, such as contributions from employers or other parties directly benefitting from an economic development project, a demonstration of commitment by such other entities to participate in the funding method. (2) Applications for alternative funding plans must be approved by the Commission. Statutory/Other Authority: ORS 184.616, 184.619 & 367.850 Statutes/Other Implemented: ORS 367.850 History: DOT 3-2010, f. & cert. ef. 12-22-10
731-017-0035 Additional Requirements for Adjustments or Alternatives to ODOT Traffic Performance Measures (1) In addition to the requirements of section 0020 of this division, an application to adjust traffic performance measures or to allow use of alternative traffic performance measures including measures other than a volume to capacity ratio shall include the following additional information: (a) Identification of the existing traffic performance measures and a description of the adjusted or alternative traffic performance measures being requested to accommodate the economic development project, including the geographic boundaries of the requested adjustment or alternative measures. (b) An explanation how the proposed adjusted or alternative traffic performance measures protect the function of affected state highway facilities. (c) Methodologies and procedures for applying the adjusted or alternative traffic performance measures, including the level of performance being sought under the new measure. (d) If the proposal is to adjust existing traffic performance measures or allow use of alternative traffic performance measures during an interim period prior to completion of construction of the development: (A) The proposed length of the interim period and what will be achieved during that interim period. (B) An explanation of what will need to occur for the significantly affected transportation facility to be brought up to the current traffic performance measure by the end of the interim period. (e) An explanation how Commission approval of the requested adjustment or use of alternative traffic performance measures would impact affected state highway corridors and the local government’s ability to implement its adopted transportation system plan or comprehensive plan. (2) Applications to adjust or allow alternative traffic performance measures for state highways require OHP amendments and must be approved by the Commission. Pursuant to ODOT’s State Agency Coordination Agreement, any such modification must comply with the coordination procedures in OAR 731-015-0065. Statutory/Other Authority: ORS 184.616, 184.619 & 367.850 Statutes/Other Implemented: ORS 367.850 History: DOT 3-2010, f. & cert. ef. 12-22-10
731-017-0040 ODOT Review and Report to Commission (1) Within 30 days following receipt of a complete application or an incomplete application presented as written, the Director shall submit to the Commission a report and recommendation on the application. (2) The Director’s report shall: (a) Identify the applicant and the nature of the application. (b) Identify the ODOT Region from which the application originated and the number of applications within that Region that have already been approved under this division during the current calendar year. (c) Address consistency with the applicable submittal criteria in section 0020 of this division and with the review criteria in this section. (d) Include ODOT’s recommendation on the application and the reasons for that recommendation. (3) In evaluating applications submitted pursuant to this division, the Director shall consider the following: (a) Whether the economic development project for which amendments are needed can reasonably comply with the requirements in OAR 660-012-0060 without having to apply for a time extension or alternative funding plan or a proposal to adjust or allow use of alternative traffic performance measures under this division. (b) Based on consultation with Business Oregon, the net long-term primary job creation benefits of the proposed economic development project. Any written materials from Business Oregon will be attached to the ODOT Director’s report. (c) The adverse impacts approval of the proposed project would have on state transportation facilities, measured in terms of the degree of divergence from existing state highway traffic performance measures, the length of time the divergence would remain in effect, the scale of short and long-term impacts on existing users of the facilities, the safety of users of the facilities, and impacts on neighboring communities. (d) Local government and private sector commitments to contribute financially to needed state highway and local road improvements that will mitigate state highway impacts. (e) Local government and private sector commitments to employ interim measures where appropriate, including but not limited to phasing of development or trip caps. (f) Local government and private sector commitments to employ techniques that reduce vehicle trips on the system as appropriate for the scale and location of the development, including but not limited to transportation demand management, carpooling, transit and land use management methods. (g) The level of public review and local government coordination associated with an application filed pursuant to this division. (4) In addition to the conditions of approval required under section 0045 of this division, the Director may recommend conditions of approval for the Commission to attach to a decision approving an application filed pursuant to this division. Statutory/Other Authority: ORS 184.616, 184.619 & 367.850 Statutes/Other Implemented: ORS 367.850 History: DOT 3-2010, f. & cert. ef. 12-22-10
731-017-0045 Commission Review and Decision on Applications (1) Within 45 days following receipt of the Director’s report, the Commission shall review the Director’s report and issue a written decision approving or denying the application. Commission approval or denial of an application shall be accompanied by findings of fact and a statement of reasons explaining how the decision relates to the applicable review standards. If a public hearing is required on the application, the Commission shall schedule the public hearing and allow for the required public review period. The Commission may approve up to four applications in each ODOT Region in a calendar year. The Commission may attach such conditions to its approval as it deems necessary or appropriate to protect the function or ensure the safe operation of state highways or to protect the state’s substantial financial investment in its state highway system. (2) Once the Commission has approved four applications within an ODOT Region within a calendar year, it may continue its consideration of one or more applications within that ODOT Region to the following calendar year. Continuation of an application to the following calendar year shall not imply any preference or priority for that application. (3) A Commission decision to approve an application shall be conditioned to limit the allowed uses on the property that is the subject of the proposed amendment to only those uses specifically identified in the proposed economic development project. A local government may achieve this result through application of a limited use overlay zone, the creation of a new zoning district, or other similar method. (4) A Commission decision to approve an application to adjust traffic performance measures or allow use of alternative traffic performance measures other than a volume to capacity ratio shall be conditioned to apply only to the facility impact area that is the subject of the proposed local government amendment. Statutory/Other Authority: ORS 184.616, 184.619 & 367.850 Statutes/Other Implemented: ORS 367.850 History: DOT 3-2010, f. & cert. ef. 12-22-10
731-017-0050 Land Use Decisions (1) Commission determinations made pursuant to this division concerning the financing of transportation facilities and improvements are not considered land use decisions. (2) Commission actions made pursuant to this division to extend the time beyond the maximum planning horizon established in the OHP and to adjust or allow alternative traffic performance measures are considered land use decisions and require OHP amendments. Statutory/Other Authority: ORS 184.616, 184.619 & 367.850 Statutes/Other Implemented: ORS 367.850 History: DOT 3-2010, f. & cert. ef. 12-22-10
731-017-0055 Review and Update Beginning two years following the adoption of this division, the Commission shall commence a review to evaluate implementation of and consider possible modifications to this division. This evaluation shall include considerations of the cumulative effects from applications that have been approved. Statutory/Other Authority: ORS 184.616, 184.619 & 367.850 Statutes/Other Implemented: ORS 367.850 History: DOT 3-2010, f. & cert. ef. 12-22-10
731-020-0000 Purpose and Scope Establishing methods of determining gross weights for the Oregon Vehicle Code. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619 & 801.055 Statutes/Other Implemented: ORS 801.055 History: DOT 3-1992, f. & cert. ef. 11-25-92 DOT 2-1992(Temp), f. & cert. ef. 9-1-92
731-020-0010 Weighing of Vehicles (1) For the purpose of determining any gross weight, actual scale weights shall govern. In the absence of information as to scale weights or of convenient facilities for ascertaining scale weights, the weights furnished by dealers, manufactures or their agents, as to the weights of vehicles and parts of vehicles, and bills of lading or cargo manifests as to weights of loads, may be accepted as the weights thereof, but such weights shall be subject at all times to verification by actual weights subsequently ascertained. (2) For any of the purposes of the Oregon Vehicle Code, any gross weight may be measured and determined as follows: (a) The gross weight of any wheel may be ascertained by placing a portable wheel weigher underneath the wheel and raising it off the surface of the ground, or by placing any wheel on a platform scale in a position so that the other wheels of the vehicle do not bear upon the platform of the scale; (b) The gross axle weight of any axle may be ascertained by placing a portable wheel weigher underneath the outer wheels at both ends of the axle and raising all the wheels of the axle off the surface of the ground so as to weigh the entire axle at one time, or otherwise in the usual manner of the use of weighing devices, or may be ascertained by placing all the wheels of any axle on a platform scale in a position so that the other wheels of the vehicle do not bear upon the platform of the scale; (c) The gross weight of any tandem axles and the gross weight of any group of axles shall be the sum of the gross axle weights of all the axles comprising the tandem axles or the group of axles, or may be ascertained by placing all the wheels of the tandem axles or the group of axles on a platform scale in a position so that the other wheels of the vehicle or combination of vehicles do not bear upon the platform of the scale. If it is not practical to place only the wheels of the tandem axles or groups of axles in a position so that other wheels of the vehicle or combination of vehicles do not bear upon the platform of the scale, other wheels of the vehicle or combination of vehicles may be placed on the platform of the scale and the gross weight of the tandem axles or the gross weight of the group of axles shall be determined by subtracting from the gross weight of all the wheels upon the platform of the scale the gross weight of the wheels not comprising the tandem axles or the groups of axles; (d) The gross weight of any vehicle or combination of vehicles shall be the sum of the gross axle weights of all the axles of the vehicle or combination of vehicles, or may be ascertained by placing all the wheels of a vehicle or combination of vehicles on a platform scale. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619 & 801.055 Statutes/Other Implemented: ORS 801.055 History: DOT 3-1992, f. & cert. ef. 11-25-92 DOT 2-1992(Temp), f. & cert. ef. 9-1-92
731-030-0010 Purpose of the Rules OAR 731-030-0010 to 731-030-0170 establish the procedures and requirements for the administration of the Oregon Transportation Infrastructure Fund and for the creation and operation of the Oregon Transportation Infrastructure Bank. Statutory/Other Authority: ORS 184.616, 184.619, 367.015 & 367.020 Statutes/Other Implemented: ORS 367.010 - 367.060 & US Code, PL 104-59 & Sect. 350 History: DOT 3-2012, f. & cert. ef. 6-27-12 DOT 7-2004, f. & cert. ef. 11-17-04 DOT 1-1997, f. & cert. ef. 1-17-97
731-030-0020 Statutory Authority Oregon Revised Statutes (ORS) 367.010 to 367.060 provide authority for the Department to operate the Oregon Transportation Infrastructure Fund. Statutory/Other Authority: ORS 184.616, 184.619, 367.015 & 367.020 Statutes/Other Implemented: ORS 367.010 - 367.060 & US Code, PL 104-59 & Sect. 350 History: DOT 7-2004, f. & cert. ef. 11-17-04 DOT 1-1997, f. & cert. ef. 1-17-97
731-030-0040 Purpose of the Oregon Transportation Infrastructure Fund (1) The purpose of the Oregon Transportation Infrastructure Fund is to fund transportation solutions, leverage additional funds into Infrastructure, and encourage innovative financing techniques in order to further Oregon’s livability and economic competitiveness. In accomplishing this purpose, all Transportation Projects funded by the Oregon Transportation Infrastructure Fund will be required to satisfy all appropriate federal, state and local planning and programming requirements. (2) To achieve the objectives of the Oregon Transportation Infrastructure Fund, the Department has established the Oregon Transportation Infrastructure Bank. Statutory/Other Authority: ORS 184.616, 184.619, 367.015 & 367.020 Statutes/Other Implemented: ORS 367.010 - 367.060 & US Code, PL 104-59 & Sect. 350 History: DOT 3-2012, f. & cert. ef. 6-27-12 DOT 7-2004, f. & cert. ef. 11-17-04 DOT 1-1997, f. & cert. ef. 1-17-97
731-030-0050 Administration of Funds (1) Authority for administration of the OTIB and the OTIF may be delegated to the OTIF Manager by the Director. (2) The Department may expend funds from the Infrastructure Fund for the purposes set forth in ORS 367.015. Statutory/Other Authority: ORS 184.619, 367.015 & 367.020 Statutes/Other Implemented: ORS 367.010 - 367.060 & US Code, PL 104-59 & Sect. 350 History: DOT 9-2022, amend filed 09/22/2022, effective 09/22/2022 DOT 3-2012, f. & cert. ef. 6-27-12 DOT 7-2004, f. & cert. ef. 11-17-04 DOT 1-1997, f. & cert. ef. 1-17-97
731-030-0090 Application Procedures (1) An Applicant may submit an Application for an Infrastructure Loan or Infrastructure Assistance at any time, subject to deadlines, if any, established by the Department. (2) An Application must be submitted in the manner and form approved by the Department. In addition to the information required by the Application, the Applicant may be required to provide such additional information and supporting documentation concerning the Applicant and the proposed Transportation Project as the Department deems necessary or appropriate in order to enable the Application to be properly evaluated. Statutory/Other Authority: ORS 184.616, 184.619, 367.015 & 367.020 Statutes/Other Implemented: ORS 367.010 - 367.060 & US Code, PL 104-59 & Sect. 350 History: DOT 3-2012, f. & cert. ef. 6-27-12 DOT 7-2004, f. & cert. ef. 11-17-04 DOT 1-1997, f. & cert. ef. 1-17-97