Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-1070 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Access
			 Control" means that the right of access between a property abutting the highway
			 and the highway has been acquired by the department or eliminated by
			 law.
(2) "Access Management
			 Strategy" means a project delivery strategy developed by the Department of
			 Transportation, in collaboration with cities, counties and owners of real
			 property abutting a state highway in the affected area, that identifies the
			 location and type of public and private approaches and other necessary
			 improvements that are planned to occur primarily in the highway right of way
			 and that are intended to improve current conditions on the section of highway
			 by moving in the direction of the objective standards described in ORS
			 374.311,
			 subject to safety and highway operations concerns.
(3) "Access Management Plan" means a facility
			 plan adopted by the Oregon Transportation Commission in coordination with
			 affected local governments for managing access on a designated section of
			 highway or within the influence area of an interchange. An access management
			 plan may establish a unique access plan and access management standards for the
			 designated section of highway or influence area of an interchange, and may be
			 more stringent than standards adopted under OAR 734-051-4020. It may be
			 developed independent of or in conjunction with a highway or interchange
			 project; however, an access management plan is not a highway or interchange
			 project.
(4) "Alternate Access"
			 means the right to access a property by means other than the proposed approach.
			 It may include an existing public right of way, another location on the subject
			 state highway, an easement across adjoining property, a different highway, a
			 service road, a local road, or an alley, and may be in the form of a single or
			 joint approach. The existence of alternate access is not a determination that
			 the alternate access is "reasonable" as defined in ORS
			 374.310.
(5) "Annual average daily traffic" means
			 highway traffic volumes as reported in the most recent edition of the
			 transportation volume tables published annually by the department.
(6) "Appealable decision" means a final
			 decision by the department where the applicant has a right to a dispute
			 resolution procedure to review the department's decision as set forth in OAR
			 734-051-3080  through 3110. The following are appealable decisions:
(a) A decision to deny an application for an
			 approach permit;
(b) A decision to
			 deny an application for a deviation from approach permitting
			 standards;
(c) A decision to impose
			 mitigation measures as a condition of approval of an approach application or as
			 a condition of approval of a deviation from the general approval criteria set
			 forth in OAR 734-051-4020(2);
(d) A
			 decision to remove a connection for which the department has issued a Permit to
			 Operate or written permission as grandfathered, or which the department deems
			 to have written permission as set forth in OAR 734-051-3015.