reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-1020 - Purpose and Intent of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. Division 51 establishes
			 procedures, standards, and approval criteria used by the department to govern
			 highway approach permitting and access management consistent with Oregon
			 Revised Statutes (ORS), Oregon Administrative Rules (OAR), statewide planning
			 goals, acknowledged comprehensive plans, and the Oregon Highway Plan
			 (OHP).
(2) Intent. The intent of
			 division 51 is to provide a highway access management system based on objective
			 standards that balances the economic development objectives of properties
			 abutting state highways with the transportation safety and access management
			 objectives of state highways in a manner consistent with local transportation
			 system plans and the land uses permitted in applicable local comprehensive
			 plan(s) acknowledged under ORS Chapter 197.
(3) Oregon Highway Plan. The Oregon Highway
			 Plan serves as the policy basis for implementing division 51 and guides the
			 administration of access management rules, including mitigation and public
			 investment, when required, to ensure highway safety and operations pursuant to
			 this division.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  374.310-374.314,
				  374.345,
				  374.355
Stats. Implemented: ORS
				  374.300-374.360, §27, ch. 330, OL
				  2011
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-1030 - Administration of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Approaches Subject to division 51. Private approaches in existence and
			 applications for private approaches filed after June 30, 2014 are governed by
			 the rules of division 51. Public approaches do not require an Approach Permit
			 but are subject to the provisions of OAR 734-051-1050.
(2) Grandfathered Approaches. Division 51
			 rules do not affect existing rights of owners of grandfathered approaches that
			 meet the definition in OAR 734-051-1070(30), except where the rules
			 specifically state their application to grandfathered approaches, such as the
			 rule for changes of use of an approach under 734-051-3020. An approach no
			 longer qualifies as grandfathered once the department issues a Permit to
			 Operate under division 51 rules or the department acquires access control as
			 defined under 734-051-1070.
(3)
			 Compliance with Land Use Requirements. Approval of a property for a particular
			 use is the responsibility of city, county, or other governmental agencies, and
			 an applicant must obtain appropriate approval from city, county, or other
			 governmental agencies having authority to regulate land use. Approval of an
			 application for an approach to a state highway, or issuance of a construction
			 permit or a Permit to Operate for the same, is not a finding of compliance with
			 statewide planning goals or an acknowledged comprehensive plan.
(4) General Requirements for Notices of
			 Appealable Decisions and Other Written Communication. The department will
			 provide notice of appealable decisions by certified mail to the applicant.
			 Notice of non-appealable decisions and other written communication will be by
			 first class mail, unless written agreement is made with the applicant for such
			 communication through electronic means such as email.
(5) Reasonable Access. Pursuant to ORS
			 374.310, the division 51 rules
			 may not be exercised so as to deny any property that has a right of access
			 reasonable access to the highway. ORS 374.312authorizes adoption of rules
			 establishing criteria for reasonable access consistent with
			 374.310. The rules under OAR
			 734-051-4020  address reasonable access solely in the context of the issuance of
			 approach permits and do not affect whether access may be reasonable for other
			 purposes or under other reviews.
Tables referenced are not included in rule text.
Click here for PDF
				  copy of table(s)
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  374.310-374.314,
				  374.345 &
				  374.355
Stats. Implemented: ORS
				  374.300-374.360, §27, 2011 OL Ch.
				  330
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-1040 - Relationship to Local Jurisdiction Rules and Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where ODOT and Local Jurisdiction Agree
			 on Standards or Requirements. Where ODOT and a local jurisdiction have agreed
			 to access spacing standards, sight distance standards or channelization
			 requirements in an adopted facility plan that is different that the adopted
			 standards in this rule, the agreed upon standard will be considered consistent
			 with the standards adopted by this rule and with OAR 660-012-0015  and shall be
			 applied to the state highways within that jurisdiction.
(2) Where Local Jurisdiction Standards or
			 Requirements Exceed OAR 734-051. Where a local jurisdiction has adopted access
			 spacing standards, sight distance standards or channelization requirements that
			 are more stringent than the standards adopted by these rules or allow less
			 access to the state highway than the standards adopted in these rules, the
			 local standards shall be considered to be consistent with the state standards
			 and with 660-012-0015  and shall be applied to state highways within that
			 jurisdiction.
(3) Where OAR
			 734-051 Exceeds Local Jurisdiction Standards or Requirements. Where a local
			 jurisdiction has adopted access spacing standards, sight distance standards or
			 channelization requirements that are less stringent than the standards adopted
			 by these rules or provide greater access to the state highway than those
			 standards adopted by these rules, the local standards shall be deemed to be
			 inconsistent with these rules and with 660-012-0015  and shall not be applied to
			 state highways within the local jurisdiction.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  374.310-374.314,
				  374.345 &
				  374.355
Stats. Implemented: ORS
				  374.300-374.360, §27, Ch. 330, OL
				  2011
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-1050 - Procedure to Obtain a Permit to Construct or Modify a Public Approach

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-1060 - Delegation of Permit Authority to Local Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Delegation of Permit Authority. The
			 department and a local government may enter into an intergovernmental agreement
			 setting provisions for and allowing the local government to issue approach
			 permits for private approaches to regional and district highways, when it is
			 determined by the department and a local jurisdiction that it is in the best
			 interest of highway users.
(2)
			 Application of State Requirements. Intergovernmental agreements developed
			 pursuant to OAR 734-051-1060(1)  must provide that permits issued by the local
			 government will be consistent with the highway plan; these administrative
			 rules; state statutes; and local transportation system plans acknowledged under
			 ORS 197.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  374.310-374.314,
				  374.345 &
				  374.355
Stats. Implemented: ORS
				  374.300-374.360, §27, ch. 330, OL
				  2011
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-1065 - Restriction of Turning Movements for Existing Private Approaches

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability
The department may restrict turning movements onto a state
				highway from an approach for which a permit was issued under OAR 734-051-3010 or that is deemed to have written permission under 734-051-3015  when the
				restriction is not required by contract, condemnation judgment, recorded deed
				or a Permit to Operate.
(2) Procedures and Circumstances
(a) The department may restrict turning
			 movements under this rule for circumstances that include the following:
(A) Safety and highway operations concerns
			 set forth in OAR 734-051-4020(3); or
(B) To prevent roadway departure crashes,
			 particularly head-on type crashes and sideswipe meeting type crashes; or
(C) Where drainage facilities are
			 required in the median of the highway; or
(D) To provide a two-stage or multi-stage
			 pedestrian and/or bicycle crossing; or
(E) Pursuant to local government projects and
			 land use decisions.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-2010 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Right of Access Required for Private Approach. In order for the department to
			 approve an application requesting a private approach, the property for which
			 application is made must have a right of access to the state highway as defined
			 in OAR 734-051-1070. A right of access or a recorded easement establishing a
			 right of access does not guarantee approval of an approach permit. Where no
			 right of access exists, an application for a grant of access must be submitted
			 before an application for state highway approach will be deemed complete. The
			 department will not approve a grant of access where an application for approach
			 permit cannot be approved.
(2)
			 Right of Access Required for Public Approach. Where no right of access exists,
			 a local jurisdiction must submit an application for a grant of access with its
			 application to construct a public approach. The department will not approve a
			 grant of access where an application to construct a public approach cannot be
			 approved.
(3) Request to Verify
			 Right of Access. Upon request, the department shall verify whether a property
			 abutting the state highway has a right of access and identify any restrictions
			 or limitations of the right.
(4)
			 Removal of Farm Use Restrictions. Removing a farm crossing or farm use
			 restriction from a reservation of access requires a grant of access from the
			 department.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  374.310-374.314,
				  374.345 &
				  374.355
Stats. Implemented: ORS
				  374.300-374.360, §27, ch. 330, OL
				  2011
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-2020 - Grants of Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Grant of Access. The department may approve an application for a grant of
			 access only when the provisions in sections (2) through (6) below are fully
			 complied with.
(2) Restricted
			 Areas.
(a) The department shall not approve
			 an application for a grant of access for a private approach:
(A) On an interstate highway or freeway ramp;
(B) On an expressway or expressway
			 ramp;
(C) Opposite a freeway or
			 expressway ramp terminal; or
(D)
			 In the influence area of an interchange.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-2030 - Indentures of Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General Provisions. Abutting property owners with a reservation of access must
			 apply to the department to indenture or change the location, width or use
			 restrictions of the reservation.
(2) Criteria for Approval of Indenture of
			 Access. The department may approve an application for indenture of access to a
			 property abutting a state or local facility where all of the following criteria
			 are met:
(a) An applicant to indenture a
			 reservation of access for a private approach must submit an application for
			 state highway approach permit as set forth in OAR 734-051-3030  with its
			 application for an indenture of access as set forth in this rule;
(b) The applicant meets the requirements for
			 issuance of a construction permit, as set forth in OAR 734-051-5020;
(c) The applicant agrees in writing to meet
			 any mitigation measures, conditions, and terms placed on the construction
			 permit and the permit to operate;
(d) The property owner agrees to convey one
			 or more existing reservations of access, including the reservation being
			 indentured to the department and close any affected approaches; and
(e) The region manager approves the
			 application for indenture of access.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-3010 - Permit for Private Approach

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability. This rule applies to
			 applications for state highway approach permits for private approaches.
(2) Restricted Areas. The
			 department shall not issue an approach permit to a freeway, a freeway ramp, or
			 an expressway ramp, or an approach that would be aligned opposite a freeway or
			 expressway ramp terminal.
(3)
			 Rules in Effect. An application for an approach permit shall be subject to the
			 rules in effect on the date the application was filed. The department shall use
			 OAR 734, division 51, and ORS 374, and may use other applicable statutes or
			 administrative rules to evaluate and act on an application.
(4) Approach Permit Approval Criteria. The
			 department shall approve an application for an approach based upon a
			 determination that it meets all of the following criteria:
(a) The department determines that a complete
			 application has been submitted pursuant to OAR 734-051-3030;
(b) The department determines that the
			 application is consistent with any applicable facility plans adopted by the
			 Oregon Transportation Commission, including special transportation area plans,
			 facility plans, corridor plans;
(c) Except where paragraphs (A) through (D)
			 of this subsection apply, the department determines that the proposed approach
			 meets the spacing, channelization and sight distance standards of OAR
			 734-051-4020, or the department approves a deviation from these standards under
			 OAR 734-051-3050  which may include mitigation measures pursuant to OAR
			 734-051-3070;
(A) OAR 734-051-3020  applies to
			 applications for change of use of a private approach.
(B) OAR 734-051-4020(5)  applies to
			 applications for properties with no alternate access.
(C) OAR 734-051-4040  applies to applications
			 for temporary approaches.
(D) OAR
			 734-051-4050  applies to applications for special use approaches.
(d) The department determines that
			 the approach does not create or contribute to a safety or highway operations
			 concern, as identified in OAR 734-051-4020(3), or such concerns are
			 sufficiently mitigated pursuant to OAR 734-051-3070.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-3015 - Presumption of Written Permission for an Existing Private Connection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability.
			 This rule applies to those existing private connections for which the
			 department has not:
(a) Issued a Permit to
			 Operate in accordance with OAR 734-051-3010  (Permit for Private Approach); or
(b) Issued a Permit to Operate
			 under section (3) of this rule; or
(c) Issued documentation recognizing the
			 connection as grandfathered under OAR 734-051-1070  (Definitions).
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-3020 - Change of Use of a Private Connection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability.
(a) This rule sets forth procedures and
			 requirements for a change of use of an existing private connection to a state
			 highway.
(b) A new application is
			 required for the purpose of permitting all connections to a property when there
			 is a change of use as set forth in section (2) of this rule. All connections to
			 the property are subject to this rule whether they exist under a Permit to
			 Operate, are grandfathered under OAR 734-051-1070(30), or the department
			 provides written permission under 734-051-3015.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-3030 - Application Requirements for State Highway Private Approach

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. This
			 rule sets forth the requirements for an application for state highway
			 approach.
(2) Pre-Application
			 Meetings.
(a) The department or applicant may
			 request a pre-application meeting for any approach permit
			 application.
(b) The purpose of a
			 pre-application meeting is to review general application requirements and
			 processing timelines, technical application requirements, and any issues
			 specific to the proposal, including understanding the economic needs and
			 objectives that are pertinent to the subject property.
(c) Applicant requests for pre-application
			 meetings shall be made on forms provided by the department and shall be
			 accompanied by a preliminary site plan, description of existing and proposed
			 land use(s), including estimated vehicle trips, and any additional information
			 or questions the applicant chooses to provide.
(d) The department encourages applicants to
			 provide complete and accurate information regarding potential changes in land
			 use and development with requests for pre-application meetings in order to
			 avoid unnecessary delays in processing any future application.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-3040 - Private Approach Permit Application Review, Approvals and Timelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Complete
			 Application Required. The department shall not process an application for state
			 highway approach that is incomplete or contains insufficient information for
			 the department to find that it meets the submittal requirements of OAR
			 734-051-3030.
(2) Notice of
			 Completeness Determination. Upon receiving an application for state highway
			 approach, the department shall determine and provide written notification about
			 whether the application is complete within thirty (30) days of its receipt of
			 the application. Where the department determines that an application for state
			 highway approach is not complete, (a) through (e) apply:
(a) The 120-day timeline under OAR
			 734-051-3040(4)  does not begin until the application is deemed complete as
			 defined in OAR 734-051-1070(18);
(b) The department shall notify the applicant
			 in writing when an application is incomplete within the timeframes required by
			 this rule;
(c) The department
			 notice shall provide specific information on what is needed to make the
			 application complete;
(d) The
			 department notice shall indicate that the application must be made complete
			 within sixty (60) days of the date of the department notice, at which time the
			 application expires unless the department and applicant agree to an extension;
			 and
(e) Where an application is
			 deemed incomplete because no right of access exists at the proposed approach
			 location, the department notice shall provide information on how to apply for a
			 grant of access or an indenture of access, as applicable.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-3050 - Deviations from Approach Spacing, Sight Distance, and Channelization Standards for a Private Approach

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Purpose. The purpose of this rule is to establish criteria for the region
			 access management engineer to approve; approve with mitigation; or deny
			 requests for deviations from the standards set forth in OAR 734-051-4020.
(2) Requests for a Deviation. The
			 applicant may request one or more deviations for an approach that does not meet
			 spacing, sight distance, or channelization standards set forth in OAR
			 734-051-4020(2). Applications that request deviations:
(a) Must identify all deviations needed and
			 any dependency or relationship that they have with one another; and
(b) Must include a traffic impact analysis
			 prepared by a professional engineer as set forth in OAR 734-051-3030(4)  and
			 734-051-3030(5), unless waived by the department.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-3060 - Pre-Decision Collaborative Discussion for Highway Approach Permit Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Offer of Pre-Decision Collaborative Discussion. When the department intends to
			 deny an application or approve an application with mitigation, it shall notify
			 the applicant of its intent and offer to meet with the applicant in a
			 pre-decision collaborative process, as described in sections (2) through (6),
			 below.
(2) Notice. The department
			 notice in section (1) shall describe the basis of the preliminary decision,
			 extend an offer to meet with the applicant to provide further explanation or
			 clarification of the department's preliminary decision, and provide the
			 applicant an opportunity to propose modifications.
(3) Goals of Pre-Decision Collaborative
			 Discussion. The goals of the pre-decision collaborative process are to ensure
			 that all relevant information has been fully considered, provide opportunity to
			 resolve differences to the extent possible, and facilitate timely issuance of a
			 final decision.
(4) Timeline. The
			 department's notice of preliminary decision and offer of a collaborative
			 process must occur within either the 30-day or 60-day application decision
			 timeline under OAR 734-051-3040(4), whichever is applicable. The department and
			 applicant may agree to extend the timelines for the department's final decision
			 as part of the collaborative process.
(5) Written Decision. Agreements reached
			 using a pre-decision collaborative discussion shall be incorporated into the
			 department's permit decision.
(6)
			 Applicant May Decline Offer. If the applicant declines the offer of a
			 collaborative process, or a collaborative agreement cannot be reached, the
			 department shall issue its final decision in writing, including findings as set
			 forth in OAR 734-051-3040(9).
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  374.310-374.314,
				  374.345 &
				  374.355
Stats. Implemented: ORS
				  374.300-374.360, §27, ch. 330, OL
				  2011
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-3070 - Mitigation Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-3080 - Post-Decision Review Processes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Types of Post-Decision Review Processes. Three types of post-decision review
			 processes are available to an applicant under division 51:
(a) Post-decision collaborative discussion
			 (OAR 734-051-3090);
(b) Dispute
			 review board (OAR 734-051-3100); and
(c) Contested case hearing (OAR
			 734-051-3110).
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-3090 - Post-Decision Collaborative Discussion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. An applicant or permit holder
			 may request a collaborative discussion pursuant to this rule. The post-decision
			 collaborative discussion process is an optional dispute resolution process that
			 falls outside the 120-day timeline in OAR 734-051-3040(4).
(2) Conduct of the Post-Decision
			 Collaborative Discussion. The post-decision collaborative discussion with the
			 department shall be conducted as follows:
(a)
			 The collaborative discussion shall be conducted under the alternative dispute
			 resolution model in ORS
			 183.502;
(b) The applicant must request the
			 collaborative discussion in writing before the discussion may
			 proceed;
(c) During the
			 post-decision collaborative process, the applicant or permittee and the
			 department may present new or additional information in writing or in person
			 for the collaborative discussion; and
(d) The collaborative discussion shall be
			 conducted not more than forty-five (45) days from the date of the agreement to
			 collaborate, unless the department and applicant or permittee agree to an
			 extension.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-3100 - Access Management Dispute Review Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Dispute Review Board. In addition to
			 requesting a contested case hearing under OAR 734-051-3110  or a post-decision
			 collaborative discussion with the department under OAR 734-051-3090, an
			 applicant or permittee may request review of a department decision or
			 department determination pursuant to 734-015-3020(10)(a) through an access
			 management dispute review board process. The dispute review board process is an
			 optional dispute resolution process that falls outside the 120-day timeline in
			 OAR 734-051-3040(4).
(2) Dispute
			 Review Board Members. The department shall appoint an access management dispute
			 review board consisting of any or all of the following in subsections (a)
			 through (d) below:
(a) The director, or a
			 designee of the director who is familiar with the location in which the
			 disputed approach is located;
(b) A
			 representative of the local jurisdiction in which the disputed approach is
			 located;
(c) A traffic engineer who
			 practices engineering in Oregon; and
(d) A representative from the economic or
			 business sector.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-3110 - Contested Case Hearing Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Right to a Contested Case Hearing.
			 Pursuant to ORS 374.313, a person holding an
			 interest in real property, which is or would be served by an approach, may
			 appeal a decision of the department by filing a request for a contested case
			 hearing. Department decisions that result from conditions contained in a
			 contract, condemnation judgment, recorded deed or permit cannot be appealed
			 through the contested case hearing process.
(2) Procedure. The contested case hearing
			 procedure is subject to the following requirements in subsections (a) through
			 (f) below:
(a) The request for a hearing and
			 the hearing are governed by OAR 137-003-0501  through 137-003-0700;
(b) After receiving a request for a contested
			 case hearing, the department shall notify the office of administrative hearings
			 of the request for the hearing;
(c)
			 The hearings process falls within the 120-day timeline in OAR 734-051-3040(4)
 
			 unless the department and the applicant mutually agree to a time
			 extension;
(d) The department and
			 the applicant may present additional information in writing or in person at the
			 contested case hearing; and
(e) An
			 administrative law judge will review the department's decision, conduct a
			 hearing, and may approve, reverse, or modify the decision. The administrative
			 law judge:
(A) Shall issue a proposed order as
			 set forth in OAR 137-003-0645;
(B)
			 May require conditions or limitations to be incorporated into the construction
			 permit or the permit to operate; and
(C) The filing of exceptions stays the
			 120-day timeline for ODOT's final decision.
(f) The director shall issue a final order or
			 may adopt as final the proposed order issued by the administrative law
			 judge.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-4010 - Access Management Standards for Approaches - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability.
			 Access management standards for approaches to state highways:
(a) Are based on the classification of the
			 highway and highway designation, type of area, and posted speed;
(b) Apply to properties abutting state
			 highways and planning processes involving state highways, and other projects as
			 determined by the region manager;
(c) Do not apply to legal approaches in
			 existence prior to January 1, 2012, except for those private approaches subject
			 to the change of use provisions, pursuant to OAR 734-051-3020;
(d) Are intended to facilitate infill
			 development and redevelopment, as applicable, with the goal of meeting or
			 improving compliance with the access management spacing standards;
			 and
(e) Are further intended to
			 facilitate highway and interchange construction or modernization projects, or
			 other roadway or interchange projects as determined by the region manager, with
			 the goal of meeting or improving compliance with the access management spacing
			 standards.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-4030 - Benefit to the State Highway System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Requirements. A benefit to the
			 state highway system is a determination requiring the professional judgment of
			 a professional engineer employed by the department and:
(a) Will be found only where the department
			 determines that an approach will provide an immediate and long-term benefit to
			 the state highway system;
(b) Is
			 evaluated for a period of not less than twenty (20) years from the date of
			 application; and
(c) For an
			 application for a grant of access, the benefit to the highway must be greater
			 than the benefit associated with the mitigation needed to offset the traffic
			 operations and safety impacts of the proposed approach.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-4040 - Temporary Approaches

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-4050 - Special Use Approaches

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-5010 - Design of Approaches

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-5020 - Issuance of Construction Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Requirements. The region manager
			 shall issue a construction permit when construction plans, if required, and all
			 other required documents are received and approved.
(2) Procedure. Prior to issuing a
			 construction permit the department will issue to the applicant construction
			 specifications including all provisions, mitigation measures, conditions, and
			 agreements that will become part of the construction permit. To receive a
			 construction permit, the applicant must complete the following, pursuant to
			 subsections (a) through (d) below, within sixty (60) days of the date of the
			 department's transmittal of the construction specifications:
(a) Review and sign the construction
			 specifications to confirm that the applicant understands and agrees to the
			 specifications including all provisions, mitigation measures, conditions, and
			 agreements that will become part of the construction permit; and
(b) When the department determines that
			 standard plans are not appropriate, an applicant must submit construction plans
			 sealed by an engineer licensed in the state of Oregon within 60 days of notice
			 of approval of an application to obtain a construction permit. The region
			 manager determines the acceptability of submitted construction plans. If plans
			 are not submitted within 60 days and no request for extension is received
			 within that time, the approval of the application will be void; and
(c) Return the signed construction
			 specifications to the department; and
(d) Submit proof of liability insurance and
			 bond or deposit in lieu of bond as required by OAR 734-051-5060.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-5030 - Construction of Approaches

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-5040 - Effective Period of Construction Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  374.310-374.314,
				  374.345 &
				  374.355
Stats. Implemented: ORS
				  374.300-374.360, §27, ch. 330, OL
				  2011
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-5050 - Responsibility for Costs of Construction of Approaches

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-5060 - Liability, Insurance and Bonding Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Liability. A permittee assumes
			 responsibility for damage or injury to any person or property resulting from
			 the construction, maintenance, repair, operation, or use of an approach for
			 which a construction permit or a Permit to Operate is issued and where the
			 permittee may be legally liable.
(2) Indemnification. An applicant or
			 permittee indemnifies and holds harmless the State of Oregon, the commission,
			 the department, and all officers, employees or agents of the department against
			 damages, claims, demands, actions, causes of action, costs, and expenses of
			 whatsoever nature which may be sustained by reasons of the acts, conduct, or
			 operation of the applicant, his agents, or employees in connection with the
			 construction, maintenance, repair, operation, or use of an approach. Any such
			 indemnification shall also provide that neither the contractor or
			 subcontractor, nor any attorney engaged by the contractor or subcontractor,
			 shall defend any claim in the name of the State of Oregon or any agency of the
			 State of Oregon, nor purport to act as legal representative of the State of
			 Oregon or any of its agencies, without the prior written consent of the Oregon
			 Attorney General. The State of Oregon may, at any time at its election, assume
			 its own defense and settlement in the event that it determines that the
			 contractor is prohibited from defending the State of Oregon, or that the
			 contractor is not adequately defending the State of Oregon's interests, or that
			 an important governmental principle is at issue or that it is in the best
			 interests of the State of Oregon to do so. The State of Oregon reserves all
			 rights to pursue claims it may have against the contractor if the State of
			 Oregon elects to assume its own defense.
(3) Amount of Insurance. Construction of an
			 approach may not begin until the applicant provides the department with
			 evidence of insurance in the following minimum amounts or the amounts required
			 by the Department of Administrative Services, if greater:
(a) $500,000 for property damage resulting
			 from any single occurrence, or $500,000 combined single limit and annual
			 aggregate; and
(b) $500,000 for
			 the death or injury of any person, subject to a limit of $500,000 for any
			 single occurrence and annual aggregate.