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 734-051-5070 - Review Procedure for Modifying a Construction Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-5080 - Issuance of a Permit to Operate, Maintain and Use an Approach

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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 734-051-5090 - Maintenance of Approaches

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-5100 - Effective Period of Permit to Operate, Maintain and Use an Approach

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-5110 - Revocation of Permits and Removal of Approaches

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-5120 - Access Management in Project Delivery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability:
(a) This rule applies to access management in
			 the project delivery process for modernization and highway improvement projects
			 included in the Statewide Transportation Improvement Program.
(b) For purposes of this rule, a highway
			 improvement project is a project in the Statewide Transportation Improvement
			 Program that proposes to modify, relocate, or remove existing public or private
			 connections to the state highway within project limits.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-6010 - Authority and Purpose of OAR 734-051-6010 through 734-051-6060

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-6020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-6030 - Offer of Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-6040 - Procedure for Resolving Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-6050 - Appraisals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Either the
			 department or the property owner, at their own cost, may at any time before or
			 during the appeal of the closure or denial under OAR 734-051-3110  have an
			 appraisal performed to assist in determining the remedies that would address
			 the real property value, utility or use:
(a)
			 Each party shall notify the other party of such appraisal in a timely manner;
			 and
(b) There shall be full
			 disclosure and sharing between the parties of any appraisal and appraisal
			 information.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-6060 - Conditions of Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
Reaching agreement on the appropriate remedies is contingent
				upon:
(1) Receipt by the department of
			 a recordable document relinquishing any grant or reservation of access at the
			 location of the approach closure or approach application; and
(2) Termination of the permit for any
			 approach that is a subject of the settlement.
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 734-051-6070 - Delegation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For OAR
			 734-051-6010  through 734-051-6070, the director delegates authority to the
			 department's right of way manager or the manager's designee to:
(a) Determine the department's offer of
			 remedies, and
(b) Agree to any
			 settlement that includes providing administrative remedies.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-7010 - Access Management in Highway Facility Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Provisions.
(a) Highway facility plans must be consistent
			 with the Oregon Transportation Plan, the Oregon Highway Plan, and other
			 transportation modal plans adopted by Oregon Transportation Commission. Where a
			 proposed highway facility plan is inconsistent with adopted plans, the proposed
			 highway facility plan must be amended to be made consistent or the adopted
			 plans must be amended to be consistent with the proposed highway facility plan.
(b) Highway facility plans must
			 include the location of county roads and city streets within the area described
			 in the facility plan. The location of future city or county road connections or
			 changes to existing city or county connections must be determined through
			 collaborative discussion and agreement between the department and the affected
			 cities and counties.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-8010 - Notice and Review of Key Principles and Related Methodology for Facility Plans for Affected Real Property Owners

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall provide written
			 notice to all affected real property owners at least twenty (20) calendar days
			 prior to the taking action to approve the key principles and related
			 methodology for a highway facility plan.
(2) Affected real property owners may make a
			 written request for a review of the key principles and related methodology for
			 the Facility Plan through either of the following:
(a) A Collaborative Discussion under
			 734-051-8020; or
(b) An Access
			 Management Dispute Review Board under 734-051-8025.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-8015 - Notice and Review of the Access Management Methodology for a Highway Project

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall provide written notice to all affected real property owners at
			 least twenty-one (21) calendar days prior to taking action to finalize the
			 Access Management Methodology for a highway project.
(2) Affected real property owners may make a
			 written request for a review of the Access Management Methodology prior to the
			 department finalizing the Methodology, through either of the following:
(a) A Collaborative Discussion under
			 734-051-8020; or
(b) An Access
			 Management Dispute Review Board under 734-051-8025.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-8020 - Collaborative Discussion Process for Facility Plans and Access Management Strategies in Project Delivery

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If an affected real property owner requests a Collaborative Discussion, the
			 Collaborative Discussion shall be conducted not more than forty five (45)
			 calendar days from the date of written request from the affected real property
			 owner(s), unless the Department and affected real property owner(s) agree to a
			 time extension in writing.
(2) The
			 Region Manager may include any Department staff that he or she finds
			 appropriate or necessary in the Collaborative Discussion process. In addition,
			 the Region Manager shall invite local government representatives, and may
			 include other facility users, economic development representatives or other
			 parties which the Region Manager believes will contribute to finding
			 appropriate solutions. The Collaborative Discussion shall be conducted under
			 the alternative dispute resolution model in ORS
			 183.502.
(3) The Region Manager shall consider the
			 information presented as part of the Collaborative Discussion and make the
			 final decision. Within twenty-one (21) calendar days following the completion
			 of the Collaborative Discussion, the Region Manager shall notify the property
			 owner(s) in writing of the final decision to:
(a) Modify the key principles or related
			 methodology; or,
(b) Finalize or
			 adopt the key principles or related methodology without
			 modifications.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-8025 - Access Management Dispute Review Board Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The actions and recommendations of the
			 Access Management Dispute Review Board are not land use decisions, as defined
			 in ORS 197.015, and may not be appealed
			 to the Land Use Board of Appeals.
(2) Where more than one affected real
			 property owner with the same or similar concerns requests review by an Access
			 Management Dispute Review Board of the Key Principles and related Methodology
			 for a facility plan or an Access Management Methodology for a highway project,
			 the Department may consolidate the reviews.
(3) The Access Management Dispute Review
			 Board shall include the following:
(a) The
			 Director, or a designee of the Director, who is familiar with the location in
			 which the facility plan is being prepared;
(b) A representative of the local
			 jurisdiction for which the state highway 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 734-051-8030 - Director Decisions Based on the Recommendations of the Access Management Dispute Review Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Director or designee shall consider the recommendations of the Access
			 Management Dispute Review Board and make the final decision. The Director or
			 designee shall notify all parties participating in the review of the final
			 decision in writing to either:
(a) Modify the
			 key principles or methodology; or
(b) Finalize or adopt the key principles or
			 methodology without modifications.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0005 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
This rule shall apply to and govern the location, installation,
				construction, maintenance and use of pole lines, buried cables, pipe lines,
				signs, miscellaneous operations upon State Highway right-of-way and properties
				under the jurisdiction of the Department of Transportation.
Stat. Auth.: ORS 184 & ORS 374
Stats. Implemented: ORS
				  374.305
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0015 - Permit Application Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application for a permit shall be made on
			 the form described in OAR 734-055-0010(19)  which may be obtained from the DM
			 office. Applicant shall complete the application and furnish five copies of all
			 necessary attachments. All permit attachments shall be 8 1/2 x 11 inches when
			 possible.
(2) Each permit
			 application will be reviewed by the DM and a site review may be required by the
			 DM.
(3) To facilitate site review
			 (if required by the DM), applicant shall place markers such as lath stakes, or
			 other markings as required at the locations where the applicant proposes to
			 work.
(4) In reviewing permit
			 applications, the DM may consider the following objectives:
(a) Accommodation of utility facilities with
			 no adverse affect on traffic safety, operation, maintenance and aesthetic
			 quality of the highway system;
(b)
			 Incorporation of the appropriate industry code standards and AASHTO
			 publications;
(c) Placement of
			 utility installations in locations where they shall be reasonable to construct
			 and maintain;
(d) Safe and
			 unimpaired use of the highway;
(e)
			 Alternate routes of the utility facilities outside of highway right-of-way
			 should be evaluated for the environmental and economic impact of any loss or
			 impairment of productive agricultural land.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0020 - Allocation of Cost

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 entire cost of locating, constructing, installing, maintaining, repairing,
			 operating or using the facility; or performing miscellaneous operations and of
			 any other expense whatsoever incident to the facilities or operations
			 authorized by the permit shall be paid by applicant.
(2) Applicant shall, in addition to section
			 (1) of this rule reimburse the Department for any reasonable and necessary
			 expenses that the Department may incur in connection with and related solely to
			 the installation of the facility or conducting the operation authorized by the
			 permit. Payment shall be made within 30 days after receipt of billing from the
			 Department. When required by the permit, an advance deposit shall be filed with
			 the DM before the permit work begins.
(3) Applicant shall pay the current market
			 value for any existing forest products on any state land which are damaged or
			 destroyed as a result of operations authorized by the permit. Payment shall be
			 made within 30 days after receipt of billing from the Department.
Stat. Auth.: ORS 184 & ORS 374
Stats. Implemented: ORS
				  374.305
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0040 - Construction and Location Details

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicant or its contractor shall advise
			 the DM's office at least 48 hours in advance of commencing construction of a
			 facility for which a permit has been issued.
(2) Applicant shall submit with the permit
			 application prints of adequate drawings or sketches showing in detail the
			 location of the proposed facility or operation as described in the permit
			 application with respect to existing and/or planned highway improvement, the
			 roadway, the right-of-way lines, and, where applicable, the access control
			 lines and approved access points:
(a) When
			 attachment to a highway structure is involved, details of the attachment method
			 including type of support, spacing, size of pipe and location of the facility
			 shall be included. The attachment method shall be designed by a professional
			 engineer;
(b) When the proposed
			 facility involves pressure pipe lines the following additional data is
			 required:
(A) Design pressure of
			 pipe;
(B) Normal operating
			 pressure;
(C) Maximum operating
			 pressure.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0050 - Maintenance and Operation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicant shall at all times keep facilities authorized by the permit in a good
			 state of repair both structurally and, in the case of signs, a clean and neat
			 appearance.
(2) In the event
			 applicant plans to raise the operating pressure for existing pressure pipe
			 lines covered by permit above the "maximum operating pressure" shown in said
			 permit, application for a new permit or an amendment to the existing permit is
			 required.
(3) In the event
			 applicant plans to install additional conductors, or replacement conductors of
			 a higher capacity, on an existing aerial pole line covered by permit,
			 application for a new permit or an amendment to the existing permit is
			 required.
(4) Prior to performing
			 any maintenance work on the facility, applicant shall obtain prior approval
			 from the DM.
(5) All abandoned
			 facilities belonging to the applicant shall be removed from the right-of-way by
			 the applicant, unless the DM allows the facilities to remain by
			 permit.
Stat. Auth.: ORS 184 & ORS 374
Stats. Implemented: ORS
				  374.305
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0055 - Other Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Nothing in this permit is intended to grant rights or imply approval in areas
			 not falling within the authority and jurisdiction of the Oregon Department of
			 Transportation. It is the responsibility of applicant to determine the need for
			 and to obtain such licenses, permits or other form of approval which may be
			 required by other state agencies, federal agencies, cities and/or counties of
			 Oregon, utility companies or railroads.
(2) If the section of highway covered by the
			 permit is located within a National Forest, because the Department does not
			 generally have any further rights across National Forest land other than an
			 easement for highway purposes, the permit extends only to such rights as the
			 Department has acquired and may therefore properly give. For National Forest
			 lands where the facility constitutes a servitude on the property of the United
			 States, in addition to the rights of the Department, a permit from the Forest
			 Service must be obtained before a highway occupancy permit will be issued.
			 Unless applicant has evidence satisfactory to the Engineer that the rights of
			 the United States in any National Forest land crossed by the highway
			 right-of-way will not be impaired by the facility covered by this permit,
			 application for a permit should be made to the supervisor of the National
			 Forest in which the facility is to be located.
Stat. Auth.: ORS 184 & ORS 374
Stats. Implemented: ORS
				  374.305
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0060 - Effective Period of Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Unless otherwise provided in the Special Provision, the permit shall be in
			 effect for an indefinite period of time from and after the date issued, unless
			 sooner revoked by mutual consent, or by the Commission or Engineer for failure
			 of the applicant to abide by the terms and conditions of the permit, or by
			 operation of the law, or at the time the applicant to which the permit is
			 issued ceases operation.
(2)
			 Failure of applicant to comply with any of the terms and conditions of the
			 permit shall be sufficient cause for cancellation of the permit.
(3) The permit and the privileges granted and
			 the obligations of applicant created thereby shall be binding upon the
			 successors and assigns of applicant. Applicant shall give the Engineer written
			 notice of any such assignment or transfer within a reasonable time
			 thereafter.
(4) If the applicant
			 fails to commence installation of the facility covered by the permit within the
			 period specified in the permit, the permit shall be deemed null and void and
			 all privileges thereunder forfeited, unless a written extension of time is
			 obtained from the DM.
(5) The
			 construction, maintenance, operation and use of the facility is subject to the
			 paramount control of the Legislature over the state highway system and no right
			 or privilege granted by this rule or the permit issued in accordance with this
			 rule shall be deemed or construed to be beyond the power or authority of the
			 Legislature to control the state highway system. Applicant accepting the permit
			 acknowledges that the rights and privileges granted thereby may at any time be
			 changed or abrogated by Legislative action.
Stat. Auth.: ORS 184 & ORS 374
Stats. Implemented: ORS
				  374.305
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0070 - Conformance with Regulations and Industry Codes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All work in connection with the facility
			 or operation authorized by the permit shall be done in a neat and workmanlike
			 manner to the satisfaction of the DM, and the details of construction of the
			 same shall conform to the established rules and regulations now in effect or
			 which may hereafter be put in effect by the Public Utility Commissioner of the
			 State of Oregon, the Oregon State Board of Health or other govern-mental
			 agencies having regulatory authority over said facility. In the event the above
			 agencies do not prescribe standards, then the appropriate industry codes shall
			 apply.
(2) The DM may specify
			 requirements in addition to those listed in these rules when it is deemed
			 necessary to adequately protect the public.
Stat. Auth.: ORS 184 & ORS 374
Stats. Implemented: ORS
				  374.305
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0080 - Freeways

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All permit
			 applications that request the use of freeway rights-of-way shall reasonably
			 comply with the current AASHTO policy on the Accommodation of Utilities Within
			 the Freeway Right-of-Way. Installations that may be allowed on freeways are
			 generally limited to crossings only, with all of the installation work and
			 maintenance activities performed outside of the access control line. All permit
			 applications must include detailed drawings that show the location of the
			 proposed facility and the freeway access control lines and/or right-of-way
			 lines.
(2) Consideration will be
			 given for new longitudinal installations that can be located between the
			 freeway access control line and the freeway right-of-way line.
(3) Only extreme hardship cases will be
			 considered for new longitudinal installations that are inside the freeway
			 access control lines. Applications of this nature must satisfy the AASHTO
			 Policy requirements regarding the impact on the freeway traffic safety,
			 operations and maintenance; the future freeway design and construction; and
			 applicant must demonstrate that alternate locations are not available.
			 Applicant shall address each of the above subjects on the form provided by the
			 DM, titled Permit Variance Request. The Department will evaluate the Permit
			 Variance Request by applying sound engineering principles and judgment to
			 determine the approval or denial of the permit application.
(4) Ground-mounted facilities shall be
			 located to comply with the current clear zone criteria established by
			 AASHTO.
(5) The following
			 activities and installations are prohibited on Interstate Freeway right-of-way:
(a) Open cutting of the roadway
			 surface;
(b) Service
			 connections.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0090 - Specific Construction Details

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Corrugated metal pipe and concrete pipe
			 used as a conduit or casing pipe or a gravity flow carrier pipe shall as a
			 minimum conform to requirement of the Department's current issue of
"Standard Specifications for Highway Construction".
Smooth iron or
			 steel pipe used as a conduit or casing pipe shall be the standard type used for
			 pressure pipe.
(2) No trench shall
			 be excavated with a top width in excess of 18 inches more than the outside
			 diameter of the pipe, conduit, or cable to be installed unless permission is
			 first obtained from the DM.
(3) All
			 underground installations shall be buried a minimum of 30 inches unless
			 permission is first obtained from the DM.
(4) Aerial utilities crossing the roadway of
			 the highway shall have a minimum vertical clearance of 18 feet.
(5) The backfilling of all trenches and
			 tunnels must be accomplished immediately after the facility authorized by the
			 permit has been placed therein and must be fully compacted to produce a density
			 in place of not less than 95 percent of relative maximum density.
(6) All debris, refuse and waste of all
			 kinds, which may have accumulated upon the highway right-of-way by reason of
			 the activity of applicant shall be removed immediately upon completion of the
			 said activity, and the said highway right-of-way must be restored to at least
			 as good a condition as it was prior to such activity.
(7) Unless special permission is first
			 obtained from the DM, direct burial of cable placed by the plowing method shall
			 be limited to areas outside the roadway of the highway.
(8) Standard warning signs for buried power
			 or communications cable and for pipe lines carrying gas or flammable liquids
			 shall be placed at each crossing under the highway and at intervals along
			 longitudinal installations as required by current Public Utility Commissioner's
			 Order or as specified by the DM:
(a) Signs
			 shall be placed as near the right-of-way line as practical;
(b) No signs shall be placed between the
			 guardrail and the highway roadway.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0100 - Permit Allowing Open Cut of Road Surface

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless special permission is first
			 obtained from the DM to install by open cut, a pipe line or conduit which
			 crosses under the roadway of the highway, including road or street connections,
			 or road approaches or driveways shall either be tunneled, jacked or driven, or
			 placed in a hole bored under the surface for that purpose in accordance with
			 the following provisions:
(a) Trenching in
			 connection with any of these methods shall be no nearer the toe of the fill
			 slope in fill sections or the point where the outer edges of the surfacing
			 meets the subgrade in other sections than specified in the Special
			 Provisions;
(b) If the tunneling
			 method is used it shall be by an approved method which supports the surrounding
			 materials so as to prevent caving or settlement. Areas around the installed
			 pipe or conduit shall be backfilled with moist sand, granular material or
			 cement grout filling all voids and packed in place with mechanical tampers or
			 other approved devices. Lagging, bulkheading and timbering shall be removed as
			 the backfilling progresses;
(c)
			 When the jacking, driving, or boring method is used it shall be by approved
			 means which will hold disturbances of surrounding material to a minimum.
			 Sluicing and jetting is not permitted. Voids or displacement around the outside
			 perimeter of the pipe, conduit or cable shall be filled with sand or cement
			 grout packed in place.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0110 - Special "X" Permits

Current through Register Vol. 63, No. 7, July 1, 2024
Utility facilities that originally occupied a portion of the
				right-of-way in which the owner had a compensable interest or a prior right to
				occupy said right-of-way, will be issued a permit titled "X" Permit. Applicant
				will be responsible for furnishing the DM with the documentation of the prior
				rights. The special provisions of this permit will identify the obligations and
				responsibilities of applicant and the Department.
Stat. Auth.: ORS 184 & ORS 374
Stats. Implemented: ORS
				  374.305
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 56 - SPECIAL EVENT PERMITS › Section 734-056-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 734-056-0010  through 734-056-0050  establish statewide
				criteria for issuing permits for conducting bicycle races and special events on
				a state highway right-of-way.
Stat. Auth.: ORS
				  184.619, ORS
				  810.020, ORS
				  810.030 & ORS
				  810.090
Stats. Implemented: ORS
				  810.020, ORS
				  810.030 & ORS
				  810.090
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 56 - SPECIAL EVENT PERMITS › Section 734-056-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 734-056-0010  through 734-056-0050, the following
				definitions apply:
(1) "Applicant"
			 means the individual or individuals, corporation, company, firm, business,
			 partnership or agency named in and signing the permit and to whom the permit is
			 issued.
(2) "Bicycle Race Permit"
			 means a fully executed Form 734-2214, entitled "State of Oregon, Department of
			 Transportation, Application for Bicycle Race Permit," all special permit
			 provisions included in the permit as deemed necessary by the District Manager
			 and all exhibits, including any provisions of OAR Chapter 734, Division
			 055.
(3) "Bicycle race" means any
			 sanctioned, competitive or timed-bicycle event.
(4) "Department" means the Department of
			 Transportation of the State of Oregon.
(5) "District Manager" means the person in
			 charge of each of the Highway Districts established by the Department
			 throughout the State or the District Manager's designated
			 representative.
(6) "Filming
			 activity" means any film, video tape or still photography, including but not
			 limited to movie and commercial filming.
(7) "M.U.T.C.D." means "Manual on Uniform
			 Traffic Control Devices for Streets and Highways."
(8) "Permit" means a fully executed Form
			 734-3457, "State of Oregon, Department of Transportation, Application and
			 Permit to Occupy or Perform Operations Upon a State Highway," all special
			 permit provisions included in the permit as deemed necessary by the District
			 Manager and all attached exhibits, including any provisions of OAR Chapter 734,
			 Division 055.
(9) "Right-of-way"
			 means the entire width between the exterior public property line including the
			 paved roadway, surface, shoulder area, ditches and other drainage facilities.
(10) "Special event" means any
			 planned activity that brings together a community or group of people for an
			 expressed purpose, including, but not limited to, parades, bicycle races, road
			 runs and filming activity, that may result in total or partial closure of state
			 highway or state highway sections.
(11) "Spokesperson" means the individual
			 chosen by an applicant group to represent the group.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  184.619, ORS
				  810.020, ORS
				  810.030 & ORS
				  810.090
Stats. Implemented: ORS
				  810.020, ORS
				  810.030 & ORS
				  810.090
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 56 - SPECIAL EVENT PERMITS › Section 734-056-0030 - Requirements for Permit Application and Issuance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No special event shall be held on a
			 highway right-of-way without an approved Bicycle Race Permit or
			 Permit.
(2) Application for a
			 Bicycle Race Permit or a Permit for a special event shall be made at least 60
			 days prior to the event, except for filming activity. Application for a Permit
			 for filming activity shall be made at least five working days prior to the
			 filming activity. The District Manager may waive this 60-day of five-day
			 requirement under special conditions.
(3) To obtain a Bicycle Race Permit or Permit
			 the applicant shall:
(a) Apply in writing to
			 the District Manager for the district that holds jurisdiction over the location
			 where the special event is proposed to be held. If the special event or race
			 will cross district boundaries, applications must be made to all applicable
			 District Managers. The application shall be made on an Application and Permit
			 to Occupy or Perform Operations Upon a State Highway, Form 734-3457, unless the
			 special event is a bicycle race. Application for a permit for a bicycle race
			 shall be made on an Application for Bicycle Race Permit, Form
			 734-2214;
(b) Obtain and submit
			 with the application written permission from any city, county, other public
			 agency or chamber of commerce that has regulatory authority over, or that is
			 sponsoring, promoting or endorsing the special event;
(c) Submit a description of the special event
			 stating all information pertinent to an understanding of the special event,
			 including a map showing the roadways on which the special event will be held;
			 and
(d) Submit a traffic control
			 plan that complies with current M.U.T.C.D. standards and Oregon
			 supplements.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 56 - SPECIAL EVENT PERMITS › Section 734-056-0040 - Cancellation of a Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 District Manager may cancel a Bicycle Race Permit or Permit issued a special
			 event for any reason, including, but not limited to, weather conditions, safety
			 considerations, in emergencies (i.e., fire, accidents) or failure of the
			 applicant to comply with the terms of the permit. Cancellation shall be issued
			 in writing, except as provided in section (2) of this rule. Such cancellation
			 may be cause to deny future Bicycle Race Permits or Permits for special events
			 to the applicant.
(2) Cancellation
			 may be verbal and shall be followed by written confirmation of the verbal
			 cancellation.
Stat. Auth.: ORS
				  184.619, ORS
				  810.020, ORS
				  810.030 & ORS
				  810.090
Stats. Implemented: ORS
				  810.020, ORS
				  810.030 & ORS
				  810.090
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 56 - SPECIAL EVENT PERMITS › Section 734-056-0050 - Liability and Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant shall be responsible and liable for all damage or injury to any
			 person or property resulting from the special event for which the permit is
			 issued. The applicant may have to provide satisfactory insurance coverage. The
			 applicant shall indemnify and hold harmless the State of Oregon, the
			 Commission, the Department, its agents and employees against any and all
			 damages, claims, demands, actions, causes of action, costs and
			 expenses.
(2) Signs not conforming
			 to M.U.T.C.D. with Oregon supplements or from the Department Sign Policy and
			 Guidelines for the State Highway System are unauthorized upon any portion of
			 the right-of-way. When traffic control is required by the District Manager to
			 provide warning of the bicycle race or special event such signs shall be placed
			 and maintained at the cost of the applicant in compliance with M.U.T.C.D. or
			 authorized traffic control plan.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  184.619, ORS
				  810.020, ORS
				  810.030 & ORS
				  810.090
Stats. Implemented: ORS
				  810.020, ORS
				  810.030 & ORS
				  810.090
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 57 - PERMITS FOR DEVELOPMENT ON HIGHWAY RIGHT-OF-WAY › Section 734-057-0010 - City/County Entrance Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Cities, counties and unincorporated communities as identified in the county
			 comprehensive plan defined in ORS
			 197.015, are permitted to
			 develop and maintain a landscaped area within the state highway right of way to
			 enhance the aesthetic value along state highways and to welcome motorists to a
			 city, county or unincorporated community.
(2) One landscaped area will be allowed at
			 each entrance of a state highway into a city, county or unincorporated
			 community. The area may include a marker that indicates motorists are entering,
			 or welcomes them to, a city, county or unincorporated community.
(3) The request by a city or county to
			 develop a landscaped area:
(a) Shall be in
			 writing, on official letterhead accompanied by a Department of Transportation
			 permit application, Form 734-3457. Such form is available from the District
			 manager of the Department of Transportation;
(b) Shall include a site plan; and
(c) Shall be submitted to the appropriate
			 District Manager of the Department of Transportation for review and approval.
			 In order to facilitate site review, the District manager may require the city
			 or county to place markings such as lath stakes or other markings at the
			 location of the proposed area to be landscaped.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 57 - PERMITS FOR DEVELOPMENT ON HIGHWAY RIGHT-OF-WAY › Section 734-057-0020 - Beautification of Highway Right of Way

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to allow for
			 the placement of decorations or banners within the state highway right-of-way,
			 except Interstate highways, to enhance the aesthetic value of the highway. The
			 banner or decoration must be approved by the agency with jurisdiction in the
			 area.
(2) For use in this rule the
			 following definitions will apply:
(a) "Agency"
			 means an incorporated city, county or Native American Indian Tribe.
(b) "Banner(s)" includes flags and pennants
			 made of plastic, cloth, or similar material along with the corresponding
			 support system.
(c) "Decoration(s)"
			 includes hanging plants and other similar ornamentation along with the
			 corresponding support system.