734-051-3070 Mitigation Measures (1) Mitigation Authorized. The department may require mitigation measures to address adverse impacts associated with a proposed approach on the state highway or the subject property that is not prohibited by statute or division 51 rules. (2) Cost of Mitigation. Unless otherwise set forth in division 51 rules, the cost of mitigation measures is the responsibility of the applicant, permittee, or property owner as set forth in OAR 734-051-5050. (3) Non-Traversable Medians. The department may not impose non-traversable medians as a mitigation measure for approach permit applications unless the department first establishes that no other mitigation measures are effective or available under the circumstances. (4) Mitigation Measures. Mitigation measures may include one or more of the following in (a) through (n) below: (a) Modifications to an existing connection; (b) Modifications of on-site parking or storage of queued vehicles; (c) Installation of left turn or right turn channelization or deceleration lanes; (d) Modifications to left turn or right turn channelization or deceleration lanes; (e) Modifications to the roadway to maintain or improve intersection sight distance; (f) Modification or installation of traffic signals or other traffic control devices, subject to subsection OAR 734-051-3070(7); (g) Modification of the highway; (h) Modification or installation of curbing; (i) Consolidation of existing approaches or provisions for joint use approaches; (j) Restriction of turn movements for circumstances such as: (A) The proximity of existing connections or offset of opposing connections; (B) Approaches within an influence area of an interchange; (C) Approaches along an expressway; (D) The proximity of railroad grade crossings; (E) Approaches with a crash history involving turning movements; (F) Approaches within the functional area of an intersection. (k) Installations of sidewalks, bicycle lanes, or transit turnouts; (l) Development of, or improvements to, reasonable alternate access, subject to OAR 734-051-4020(6) and 734-051-4020(7); (m) Modifications of local streets or roads along the frontage of the site; and (n) Installation of non-traversable medians where no other mitigation measure is effective or available under the circumstances. (5) Relationship of Mitigation to Impacts. Mitigation measures are directly related to the impacts of the particular approach on the highway and the scale of the mitigation measures will be directly proportional to those impacts, as follows: (a) Mitigation measures located entirely within the property controlled by the applicant and/or within existing state right of way shall be preferred over all other means of mitigation; (b) Where mitigation requires the use of property other than that which is controlled by the applicant and/or ODOT, the department will make an effort to participate in negotiations between the applicant and other affected property owners, or assist the applicant to take necessary actions. However, ODOT will not exercise its power of eminent domain to acquire property necessary for improvements to mitigate the adverse impacts associated with a private approach that is not also part of project delivery; and (c) When cumulative effects of existing and planned development create a situation where approval of an application would require improvements that are not directly proportional to the impacts of the proposed approach, the region manager may negotiate mitigation measures to mitigate impacts as of the day of opening and defer the remaining mitigation to a future ODOT project which may require that the applicant convey any necessary right of way to ODOT prior to development of the subject approach. (6) Access Mitigation and Access Management Proposals. An applicant may propose mitigation for an approach to be implemented by the applicant or the local jurisdiction. The department will work with the local jurisdiction and the applicant to establish mitigation measures and alternative solutions including: (a) Changes to on-site circulation; (b) On-site improvements; and (c) Modifications to the local street network. (7) Traffic Controls as Mitigation. Where mitigation measures include traffic controls: (a) The applicant bears the cost of the controls and construction of required traffic controls within a timeframe identified by the department or must reimburse the department for the cost of designing, constructing, or installing traffic controls; and (b) An applicant that is a lessee must provide evidence of compliance with required traffic controls and must identify the party responsible for construction or installation of traffic controls during and after the effective period of the lease. (8) Traffic Signal Prioritization. Traffic signals are approved in the order of priority, (a) through (c) below: (a) Traffic signals for public approaches. (b) Private approaches identified in a transportation system plan to become public. (c) Private approaches. (9) Traffic Signal Requirements. Traffic signals are approved with the following requirements: (a) A signalized private approach must meet spacing standards for signalization relative to all planned future signalized public road intersections; and (b) Location of traffic signals on state highways must meet the criteria of OAR 734-020-0400 through 734-020-0500. (10) Ownership of Improvements. All highway improvements within the right of way resulting from mitigation constructed by the permittee, subject to inspection and acceptance by the department, become the property of the department. An agreement between the department and permittee may be required with mitigation. Such agreement may include, but shall not be limited to, identifying work that is allowed to occur within the right of way, specifying the responsibilities of each party, including any maintenance responsibility, and documenting the transfer of ownership from the applicant to the department for roadway improvements. (11) Appealable Decision. Approval of an application with mitigation measures is an appealable decision. 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