justicedao/ipfs_state_laws huggingface dataset:
734-051-4040 Temporary Approaches (1) Procedure and Criteria. The region manager may approve an application for a temporary approach where: (a) The department determines that a complete application has been submitted pursuant to OAR 734-051-3030 and that the approach can be operated safely. The department shall consider the spacing, channelization and sight distance standards set forth in OAR 734-051-4020 when determining whether an approach can be operated safely; (b) Conditions such as signing or flagging are identified on the construction permit and the permit to operate and are enforced during construction and operation; and (c) A closure date is specified on the permit to operate. A temporary permit cannot exceed two years. (2) Deposit Required. A deposit of not less than $1,000 per temporary approach is required prior to issuance of a construction permit and a permit to operate a temporary approach to guarantee its removal by the applicant, pursuant to subsections (a) through (c) below: (a) The appropriate district office will determine the amount of the deposit; (b) If the department incurs no expense in the removal of the temporary approach, the entire deposit is refunded to the applicant; and (c) If the department incurs any expenses in the removal of the approach, the applicant will be billed for the amount in excess of the amount deposited or refunded the difference if the expense is less than the amount deposited. (3) Time extension for temporary approaches. The region manager may extend the closure date, for a temporary approach where extenuating circumstances beyond the control of the applicant or permittee exist. (4) Right of Access for Temporary Approaches. The applicant must have a right of access to apply for a temporary approach permit. Existence of a recorded easement may not by itself establish a right of access and does not guarantee the approval of an application for a temporary approach or the location of a temporary approach. (5) Deviations. Approval of a deviation is not required for approval of an application for a temporary approach. (6) Appeal. The department’s decision to deny or approve with mitigation applications under this section are subject to post-decision review under OAR 734-051-3080. 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
734-051-4050 Special Use Approaches (1) Procedure. The region manager shall approve an application for a special use approach where the department determines that a complete application has been submitted pursuant to OAR 734-051-3030 and that the approach can be operated safely. The department shall consider the spacing, channelization and sight distance standards outlined in OAR 734-051-4020 when determining whether an approach can be operated safely. (2) Design. The design of special use approaches shall: (a) Be limited from general use by physical means such as a gate or other design approved by the department; and (b) May require special design considerations such as reinforced sidewalks, curb design options, and landscaping considerations. (3) Mitigation. The region manager may require mitigation measures to be incorporated into a construction permit and a permit to operate a special use approach. (4) Right of Access for Special Use Approaches. The applicant must have a right of access to apply for a special use approach permit. Existence of a recorded easement may not by itself establish a right of access and does not guarantee the approval of an application for a special use approach or the location of a special use approach. (5) Deviations. Approval of a deviation is not required for approval of an application for a special use approach. (6) Appeal. The department’s decision to deny or approve with mitigation applications under this section are subject to post-decision review under OAR 734-051-3080. 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
734-051-5010 Approach Design and Construction — Design of Approaches (1) Design. Approach design must conform to design standards in the Oregon Highway Design Manual and provide for the safe movement of vehicles reasonably expected to utilize the approach to and/or from the highway without undue conflict with other traffic on the highway and the site. (2) Mitigation. Design of an approach shall incorporate mitigation measures required as conditions of approval of an approach permit or an approval of a request for a deviation from the standards. (3) Placement of Structures in Right of Way. No person may place curbs, posts, signs, or other structures on the highway right of way without approval pursuant to a permit issued by the department and compliance of all environmental regulations. (4) Drainage. An applicant is responsible for the cost of accommodating drainage from the property. (5) Private Road Crossings. Private road crossings shall be grade-separated and not connect to the state highway except where the technical services manager determines that grade separation is not economically feasible. Where the technical services manager determines that grade separation is not economically feasible the applicant shall install signing, signalization, other traffic safety devices or other mitigation that the technical services manager determines necessary to safely operate the crossing. (a) The department may construct the approach and additional facilities in accordance with the plans and specifications approved by the department; or (b) The applicant may be required to install the approach and additional facilities, other than signalization, in accordance with plans and specifications approved by the region manager, where installation can be completed adequately and safely. 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
734-051-5030 Construction of Approaches (1) Notice of Intent to Begin Construction. A permittee must notify the region manager at least two workdays prior to beginning construction. (2) Construction. Construction must conform to the terms of the construction permit including any special provisions, mitigation measures, conditions, or agreements, and the applicant must notify the region manager when construction is complete. (3) Utilities, Erosion Control, Signs, Work Area Safety. The applicant or permittee is responsible for complying with the following requirements of subsections (a) through (d) below: (a) The applicant shall relocate or adjust any utilities located on highway right of way when required for accommodation of the approach, and no construction may be performed until the permittee furnishes evidence to the department that satisfactory arrangements have been made with the owner of the affected utility facility; (b) The applicant shall provide erosion control during construction of the approach; (c) The applicant shall comply with applicable sign requirements. Where warning signs are required by the construction permit, other regulations, or the region manager, the department furnishes, places, and maintains the signs at the permittee’s expense; and unauthorized signs are not allowed on any portion of the right of way; and (d) The applicant shall comply with work area safety requirements. The work area during any construction or maintenance performed under a construction permit or a permit to operate shall be protected in accordance with the 2003 Manual on Uniform Traffic Control Devices (MUTCD), the Oregon Supplement to MUTCD, and Oregon Temporary Traffic Control Handbook adopted under OAR 734-020-0005. (4) Inspection. Upon inspection of the approach the department shall notify the permittee if construction deficiencies exist, and: (a) The permittee must correct all deficiencies within sixty (60) days of notification that deficiencies exist and notify the region manager; and (b) The region manager shall re-inspect the approach. (5) Compliance. If a permittee fails to comply with the terms and conditions of the construction permit the department may, at the permittee’s expense: (a) Reconstruct or repair the approach; or (b) Cancel the construction permit and remove the approach. 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
734-051-5040 Effective Period of Construction Permits (1) Effective Period. A construction permit is effective for the time period specified on the permit. The region manager shall extend the time period of a construction permit for good cause shown. (2) Revocation of Permit. The region manager may revoke a construction permit where the permit holder fails to conform to the terms of the construction permit including any special provisions, mitigation measures, conditions, or agreements. 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
734-051-5050 Responsibility for Costs of Construction of Approaches (1) Costs the Permittee Bears. Except as otherwise provided in the division 51 rules, the permittee is responsible for the cost of mitigation measures and the cost of construction of an approach, including the cost of materials, labor, signing, signals, structures, equipment, traffic channelization, and other permit requirements. (2) Costs the Department May Bear. The department may be responsible for: (a) The cost of mitigation measures and the cost of construction of an approach where the costs are a part of the terms and conditions of a right of way acquisition obligation or other departmental contractual agreement; and/or (b) The cost of removal or relocation of a legal approach upon highway right of way during project delivery. 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
734-051-5070 Review Procedure for Modifying a Construction Permit (1) Review. An applicant may request a review to modify a construction permit if: (a) Ambiguities or conflicts exist in the construction permit; (b) New and relevant information concerning the approach or the construction permit is available; or (c) Requirements of local governments or state agencies are relevant to the modification of the construction permit. (2) Procedure. (a) The region manager shall determine if a request to review a construction permit meets the criteria in section (1) of this rule. (b) If the region manager determines that the criteria in section (1) are met, the region manager shall review and may modify the construction permit in cooperation with affected parties and consistent with engineering best practices. 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
734-051-5080 Issuance of a Permit to Operate, Maintain and Use an Approach (1) Permit to Operate. The department shall issue a permit to operate for a private approach upon approval of an application, where no construction permit is required, or upon notification by the applicant that construction is complete and the department determines that the approach conforms to the terms and conditions of the construction permit. (2) Use of Approach. A permit to operate authorizes vehicles to enter and exit the highway at the location of the approach, except as otherwise limited through mitigation required under OAR 734-051-3070. 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
734-051-5090 Maintenance of Approaches (1) Approvals. To perform maintenance on a public or private approach, the permittee or owner must obtain the department’s approval and any necessary permits prior to performing maintenance on an approach on highway right of way. (2) Maintenance. (a) For a private approach, the permittee or owner of a grandfathered approach is responsible for the cost of maintenance of an approach from the outside edge of the highway pavement, shoulder, or curb-line to the right of way line, and shall maintain all portions of the approach on the applicant’s or permittee’s property as a requirement of the permit. (b) For maintenance of a public approach, the department may require an intergovernmental agreement with the city or county to define responsibilities and obligations. (c) Traffic signal maintenance on the state highway shall be performed by the department or as assigned by a cooperative improvement agreement or intergovernmental agreement. Statutory/Other Authority: 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
734-051-5100 Effective Period of Permit to Operate, Maintain and Use an Approach (1) General Provisions. A permit to operate, maintain and use (“permit to operate”) an approach runs with the land. Except as otherwise provided, a permit to operate is effective until: (a) Revoked by mutual consent; (b) Revoked for failure to abide by the terms and conditions; (c) The approach is subject to a change of use as set forth in OAR 734-051-3020; (d) The development of safety or operational concerns as set forth in OAR 734-051-4020(3); (e) The approach is modified, mitigated, or removed in accordance with OAR 734-051-5120 Project Delivery; or (f) By other operation of law. (2) Successors and Assignees. The permit to operate is binding on successors and assignees including successors in interest to the property being served by the approach. 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
734-051-5110 Revocation of Permits and Removal of Approaches (1) Revocation of a Permit to Operate. The department may revoke a permit to operate and may remove an approach: (a) If there are current or potential safety or operational conditions identified that are verified by an engineering analysis; (b) If a permittee fails to comply with any terms or conditions of a permit to operate; or (c) During project delivery for a highway improvement project as set forth in OAR 734-051-5120. (2) Notification of Intent to Remove an Approach. The department shall provide written notification of the intent to remove an approach under section (1) of this rule as required by ORS 374.305, 374.307, and 374.320. (3) Mitigation. The region manager may determine that an approach identified for removal as described in section (1) of this rule may remain open if permittee agrees to comply with mitigation measures and to bear the cost of the mitigation measures. (4) Cost of Removing an Approach. An applicant, permittee, or property owner is responsible for the expense of removing an approach except as set forth in OAR 734-051-5050 and 734-051-5120. (5) Appeals. Removal of a permitted or grandfathered approach 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 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
734-051-6010 Remedies in Closure of Approaches — Authority and Purpose of OAR 734-051-6010 through 734-051-6060 (1) Pursuant to ORS 374.313, a person holding an interest in real property which is or would be served by an approach may file a claim for relief when: (a) The department closes an approach for which a permit was issued under ORS 374.310 or that was allowed by law prior to enactment of statutory permit requirements for approaches, or denies an application for an approach at the location of a grant or reservation of access; and (b) Such closure or denial is not the result of conditions contained in a contract, condemnation judgment, recorded deed or permit. (2) The department may offer administrative remedies upon such closure or denial to address issues related to real property, value, utility and use; and provide a simplified procedure for resolving the claim. 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
734-051-6020 Definitions For purposes of subsection 734-051-6020 the following definitions apply: (1) “Claim for relief,” means a request for an administrative remedy for the denial of an approach application at the location of a grant or reservation of access, or the closure of an existing permitted or grandfathered approach. (2) “Person holding an interest in real property,” means the owner of the title to real property or the contract purchaser of such real property, or record as shown on the last available complete tax assessment roll. (3) “Administrative remedy,” “appropriate remedy” or “remedy” means the offer of monetary compensation or non-monetary benefits to a property owner that would address issues related to real property value, utility or uses, which include the equivalent value of: (a) Actual physical reconnection of an approach to the highway or some other public facility; (b) Construction of public roads or other public facilities, including frontage or utility roads, city streets, alleys or county roads; (c) Improvements or modifications to the real property served or intended to be served by the approach, including paving of parking, restriping of lanes or parking, relocation of other traffic barriers and other items that directly address the impact to the property of the closure or denial; and (d) Improvements or modifications to highways or other public facilities, including medians or other traffic channelization, signing or signal installation. 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
734-051-6030 Offer of Remedies (1) The department shall make a determination of whether closure of the approach or denial of an application would create issues related to real property value, utility and use, and what remedies would address those issues. (2) The department will provide a written statement of such remedies, if any, within thirty (30) days of the denial of the application or notice of intent to close a permitted approach. (3) Remedies will include any benefits derived by the property by virtue of highway improvements and highway modifications, whether or not related to the specific closure. (4) Remedies will be limited to those necessary to serve existing uses or other uses reasonably allowed given the existing zoning of the property and other factors, including physical or geographic constraints. (5) Remedies do not include: (a) Reimbursement for attorney fees; (b) Relocation expenses; (c) Lost profits; (d) Lost opportunities; or (e) Costs not specifically related to value, utility or use of the property itself. (6) Offers of remedies are totally discretionary on the part of the department and are not subject to a contested case appeal. (7) If such remedies are acceptable to the property owner and there is written acceptance: (a) The property owner shall not be entitled to any other remedies for such closure or denial; and (b) Any appeal under OAR 734-051-3110 shall be dismissed and any request for an appeal pursuant to 734-051-3110 shall be withdrawn. 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
734-051-6040 Procedure for Resolving Claims (1) Parties may agree to participate in mediation consistent with the applicable provisions of ORS 36.180 to 36.210 at any time during the process of determining the appropriate remedies, but prior to the final order in any contested case under OAR 734-051-3110, as follows: (a) During mediation the parties may discuss any appropriate remedies in reaching agreement. (b) Such mediation may also occur during the post-decision collaborative discussion process under OAR 734-051-3090 when the denial or closure meets the requirements for consideration of a remedy set forth in OAR 734-051-6010(1). (c) The property owner and the department also may enter into an agreement to collaborate if the department determines that the difference between the remedies offered and remedies claimed by the property owner is less than $30,000. (2) The agreement to collaborate may provide for a mutually chosen mediator as defined in ORS 36.185 to 36.210 to review the information made available to each party as of that time and other information mutually agreed to by the parties. (3) The value of the remedies offered and claimed will include a dollar value assigned by the department to any non-monetary remedies. Such review will result in a recommendation of remedies, subject to the condition that such remedies are neither less than the lower nor more than the greater of the offer and claim, in terms of assigned monetary value. (4) The remedies recommended by the third party will be presented to the director or the director’s designee. The director or designee shall take this recommendation 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