734-051-1050 Procedure to Obtain a Permit to Construct or Modify a Public Approach (1) Purpose. This rule describes the procedures to obtain a Permit to Construct a new public approach or modify an existing public approach on state highway right of way. This rule does not supersede any existing agreements between the department and a local jurisdiction for maintenance or other responsibilities related to a public approach. (2) Applicability. This rule applies to construction and modification of a public approach as defined in OAR 734-051-1070. (3) Permit Requirements. (a) A right of access is required to obtain a Permit to Construct a public approach. (b) A Permit to Construct is required to construct or modify a public approach on state highway right of way. (c) A local jurisdiction is not required to obtain an Permit to Operate from the department for ongoing operation of a new or existing public approach. However, the department may issue a Permit to Operate upon agreement with the local jurisdiction that a Permit to Operate is a preferred means of documenting any terms and conditions related to the approach. (4) Agreements for Public Approaches (a) The city or county with jurisdiction of the public approach shall contact the department District Office regarding the proposed work within the state highway right-of-way. (b) The Department shall notify the local jurisdiction of all documents and approvals required to obtain a Permit to Construct. (c) The city or county with jurisdiction of the public approach may enter into an agreement with the department that addresses responsibilities, obligations and coordination that may include, but is not limited to the following: (A) Financing for the project; (B) Development of a traffic impact analysis, with a time horizon sufficient to ensure the approach has adequate operational life. (C) Preliminary project matters, including but not limited to field surveys, environmental studies, traffic investigations, acquisition of all necessary right-of-way, and identification and acquisition of required permits; (D) Determinations regarding the character or type of traffic control devices to be used, and who has the authority to place or erect them upon state highways, and maintain and operate them; (E) Development and approval of final plans including but not limited to paving, pavement marking, signing, sidewalks, curbs, lighting, storm drain facilities, landscaping and any other construction details; (F) Responsibility and manner of providing insurance and bonding; (G) Responsibility for preparation of the contract and bidding documents, advertising for construction bid proposals, award of contracts, payment of contractor costs, furnishing of construction engineering, field testing of materials, technical inspection and project manager services for administration of the contract; (H) Ownership, maintenance and responsibility for improvements and constructed elements associated with the public approach; and, (I) Exchange and transmittal of final construction drawings. (d) The department shall issue a Permit to Construct upon receipt and approval of all required submissions from the local jurisdiction. (5) Appeals. A local jurisdiction may appeal a department decision to deny a Permit to Construct or the terms and conditions of a Permit to Construct through a contested case hearing as set forth in OAR 137-003-0501 through 137-003-0700. 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