reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 12 - Oregon Secretary of State › Section 731-012-0070 - Stakeholder Forum Planning Input

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Planning documents that include Proposed
			 Actions on Reduction Review Routes, and are subject to Commission adoption,
			 approval, or acceptance must be presented to the Stakeholder Forum. The
			 Stakeholder Forum presentation must include an opportunity for identification
			 of the Vehicle-Carrying Capacity needs from the prospective of the members of
			 the forum.
(2) In some cases, a
			 Proposed Action may be located within a planning document such as a
			 transportation system plan or facility plan. Depending on the time period
			 covered by the planning document, and the scheduled start date of the
			 conceptual Proposed Actions, the planning document may not contain sufficient
			 detail to determine if a Reduction of Capacity will result from the Proposed
			 Actions.
(3) If a planning
			 document includes proposed actions on a Reduction Review Route, but does not
			 contain sufficient detail to determine if a Reduction of Capacity will result
			 from such actions, then the plan must include a record of all Reduction Review
			 Routes in the area subject to the plan, and the document must indicate that
			 proposed roadway dimensions (such as total road width, lane widths, median
			 widths, bike lane widths, shoulder widths, etc) are subject to review of
			 Vehicle-Carrying Capacity during future design.
(4) Planning documents that include
			 documenting Stakeholder Forum comments and identification of the need for
			 future Vehicle-Carrying Capacity review may be finalized without the Commission
			 approving a reduction of capacity at the time of plan completion.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  366.205
Stats. Implemented: ORS
				  366.215
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 12 - Oregon Secretary of State › Section 731-012-0080 - Proposed Actions for Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After consultation with the Stakeholder
			 Forum, Department staff will identify if the Proposed Action is subject to OAR
			 734, division 51 (Access Management). All activities that are required for the
			 Department's administration of OAR 734, division 51 or implementation of ORS
			 374.300 to
			 374.360, and ¦27, ch.
			 330, OL 2011 are not subject to this rule. The Department may continue with the
			 Proposed Action using Department processes proscribed in OAR 734, division
			 51.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  366.205
Stats. Implemented: ORS
				  366.215
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 12 - Oregon Secretary of State › Section 731-012-0090 - Proposed Actions for Safety

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After reviewing the Safety Considerations
			 of a Proposed Action that has the potential to result in a Reduction of
			 Vehicle-Carrying Capacity, Department staff may recommend a determination that
			 the reduction is required by the Department for Safety purposes.
(2) Department staff will use engineering
			 judgment supported by the documented record of Safety Consideration to
			 determine if the Proposed Action is required for Safety.
(3) Any Department staff recommendation that
			 a Proposed Action is required by the Department for Safety purposes will be
			 forwarded to the Director and the Chief Engineer prior to Director
			 Determination of Reduction of Vehicle-Carrying Capacity.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  366.205
Stats. Implemented: ORS
				  366.215
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 12 - Oregon Secretary of State › Section 731-012-0100 - Director Determination of Reduction of Vehicle-Carrying Capacity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a Proposed
			 Action has a potential for a Reduction of Vehicle-Carrying Capacity that cannot
			 be resolved through the Stakeholder Forum, including affected local agencies,
			 and is not needed for Access Considerations (731-012-0080) then the Director
			 will determine if the Proposed Action would be a Reduction of Vehicle-Carrying
			 Capacity.
(2) The Director will
			 review the Department staff record for a Proposed Action (including potential
			 Safety Considerations) and make a determination on whether or not the Proposed
			 Action is a Reduction of Vehicle-Carrying Capacity.
(3) In making such determinations the
			 Director may consider such information as:
(a) The existing and proposed highway design
			 and plans;
(b) Previously approved
			 Reduction of Vehicle-Carrying Capacity documented for the highway segment of
			 the Proposed Action;
(c) Existing
			 limited Vehicle-Carrying Capacity at other locations within the highway system
			 that limit the ability of a vehicle to get to the highway segment of the
			 Proposed Action;
(d) Stakeholder
			 Forum meeting comments from stakeholders, affected local agencies and the
			 public;
(e) Function of roadway
			 for all transportation modes including freight, vehicle, transit, pedestrian,
			 and bicycle;
(f) Reasonable
			 alternate routes on the state highway system; and
(g) Consultation with Department staff, such
			 as the Mobility Policy Committee, Traffic Engineer and Chief Engineer.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 12 - Oregon Secretary of State › Section 731-012-0110 - Chief Engineer Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Department staff has recommended
			 that a Proposed Action should be required by the Department for Safety purposes
			 and the Director determines there is a reduction of vehicle-carrying capacity,
			 then the Chief Engineer will review the Proposed Action and certify (through a
			 memo) that the Proposed Action will be required by the Department for Safety
			 purposes. Prior to certifying the reduction, the Chief Engineer will review the
			 documented Safety Considerations of the Proposed Action.
(2) Proposed Actions certified by the Chief
			 Engineer required for Safety purposes will be presented to the Commission for
			 approval.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  366.205
Stats. Implemented: ORS
				  366.215
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 12 - Oregon Secretary of State › Section 731-012-0120 - Local Agency Exemption from Restrictions Prohibiting Reduction of Vehicle-Carrying Capacity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At
			 the request of an affected local agency, the Department region manager must
			 direct Department staff to prepare a Commission agenda item for an exemption
			 request. The local agency is responsible for providing analysis that documents
			 the reason for the request and for demonstrating that the Proposed Action will
			 not unreasonably impede the movement of freight.
(2) The local agency analysis may include, as
			 appropriate to the proposed action, information such as:
(a) Safety;
(b) Access;
(c) The interests of the state as identified
			 in statute, rule, regulation or policy;
(d) Approved plans covering the area of the
			 Proposed Action;
(e) Input from
			 the Stakeholder Forum regarding the potential of the Proposed Action to
			 unreasonably impede the movement of freight;
(f) The assurance of alternative routes
			 consisting of local streets and state and local highways; and
(g) Function of roadway for all
			 transportation modes, including freight, vehicle, transit, pedestrian, and
			 bicycle.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 12 - Oregon Secretary of State › Section 731-012-0130 - Commission Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When there has been a determination by the Director that a Proposed Action
			 results in a Reduction of Vehicle-Carrying Capacity, and there has been a
			 determination that the Proposed Action is needed or required for Safety
			 Considerations, or a local government requests and exemption under ORS
			 366.215(3), the
			 Commission will make the final determination and may authorize proceeding with
			 the Proposed Action or granting the exemption.
(2) The Department staff will prepare meeting
			 materials for the Commission that include a record of any Safety
			 Considerations, Access Considerations, Stakeholder Forum advice, or Chief
			 Engineer determination.
(3) Any
			 Commission approval of an exemption will include a determination that the
			 exemption is in the best interest of the state and that the movement of freight
			 will not be unreasonably impeded.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  366.205
Stats. Implemented: ORS
				  366.215
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 12 - Oregon Secretary of State › Section 731-012-0140 - Record Keeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will publish on a website and maintain for least ten years, a record
			 of all Department, Director and Commission determinations regarding a Reduction
			 of Vehicle-Carrying Capacity and of all Commission approved Reductions of
			 Vehicle-Carrying Capacity.
(2) The
			 Department record of determinations will include the following information:
(a) The route number and Department highway
			 number, mile-point range, (roadway 1 or 2);
(b) Brief description of project;
(c) Date of determination;
(d) The approved minimum horizontal
			 clearance;
(e) The approved
			 minimum vertical clearance;
(f)
			 Any other site-specific requirements identified in the determination;
(g) If a subsequent review is
			 required prior to construction;
(h) Any Commission determination based on the
			 best interest of the state; and
(i) Any Commission determination that the
			 movement of freight will not be unreasonably impeded.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to establish the procedures
				used by the Department of Transportation to implement the provisions of its
				State Agency Coordination Program which assure that Department land use
				programs are carried out in compliance with the statewide planning goals and in
				a manner compatible with acknowledged comprehensive plans, as required by ORS
				197.180 and OAR 660, Divisions
				30 and 31.
Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR 731-015-0005  through
				731-015-0135:
(1) "Accessory Facility"
			 means a facility which assists the Department in administering, managing,
			 maintaining and operating a transportation facility. Examples include office
			 buildings, weigh stations, maintenance yards, equipment repair shops and
			 quarries.
(2) "Affected City or
			 County" means a city or county that has comprehensive planning authority over a
			 site or area which is directly impacted by a proposed Commission or Department
			 action.
(3) "Affected State and
			 Federal Agencies" means state and federal agencies identified in the
			 Department's state agency coordination program.
(4) "Class 1 Projects" means projects meeting
			 federal criteria for Class 1 Projects under the National Environmental Policy
			 Act (NEPA) and federal agency regulations which carry out NEPA
			 requirements.
(5) "Class 2
			 Projects" means projects meeting federal criteria for Class 2 Projects under
			 NEPA and federal agency regulations which carry out NEPA
			 requirements.
(6) "Class 3
			 Projects" means projects meeting federal criteria for Class 3 Projects under
			 NEPA and federal agency regulations which carry out NEPA
			 requirements.
(7) "Commission"
			 means the Transportation Commission.
(8) "Department" means the Department of
			 Transportation.
(9) "DLCD" means
			 the Department of Land Conservation and Development.
(10) "Facility Plan" means a plan for a
			 transportation facility such as a highway corridor plan and an airport master
			 plan.
(11) "Metropolitan Planning
			 Organization" means the organization designated by the Governor to coordinate
			 transportation planning in an urbanized area of the state.
(12) "Modal Systems Plan" means a plan for a
			 statewide system of one or more transportation modes that includes
			 identification of system needs, classification of facilities, and establishment
			 of policies.
(13) "New
			 Transportation Facility" means a transportation facility that does not
			 currently exist. It does not mean the realignment or expansion of an existing
			 transportation facility.
(14)
			 "Transportation Facility" means a facility and all of its parts which are used
			 for conveying and managing the transportation of people and goods. It includes
			 all associated structures and alterations that are necessary to protect public
			 safety and mitigate the environmental effects of a transportation
			 facility.
(15) "Transportation
			 Policy Plan" means the policy plan for the state transportation system
			 encompassing all modes of transportation.
Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0025 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of OAR 731-015-0005  through 731-015-0135  apply
				the following programs and activities:
(1) Adoption of the Transportation Policy
			 Plan.
(2) Adoption of modal systems
			 plans.
(3) Adoption of
			 transportation facility plans.
(4)
			 Adoption of project plans for Class 1 and Class 3 projects.
(5) Adoption of project plans for Class 2
			 projects which would involve any of the activities listed OAR
			 731-015-0035.
(6) Carrying out
			 operations, maintenance and modernization activities, except for repair of
			 damaged highways as authorized by ORS
			 366.445, which would involve any
			 of the activities listed OAR 731-015-0035.
(7) Issuing any of the following permits or
			 licenses:
(a) Road Approach Permits;
(b) Airport Site Approval and
			 License;
(c) Sign
			 Permits;
(d) Permits for Utility
			 Use of Right of Way.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0035 - Activities Which Significantly Affect Land Use

Current through Register Vol. 63, No. 7, July 1, 2024
The following activities undertaken by the Department
				significantly affect land use:
(1)
			 Enlarging an existing transportation facility to increase the level of
			 transportation service provided, relocating an existing transportation
			 facility, or constructing a new transportation facility.
(2) Constructing a new accessory facility,
			 enlarging an existing accessory facility, or significantly changing the use of
			 an existing accessory facility.
(3)
			 Changing the size of land parcels through the sale of property.
(4) Altering land or structures in a way that
			 significantly affects resources or areas protected by the statewide planning
			 goals or acknowledged comprehensive plans. Examples include:
(a) Placing or disposing of materials in
			 wetlands, waterways or floodplains;
(b) Structurally stabilizing shore lands by
			 placing riprap or by other means;
(c) Draining wetlands by ditching or by other
			 means;
(d) Demolishing or altering
			 a historic bridge or other historic structure;
(e) Removing riparian vegetation.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0045 - Coordination Procedures for Adopting the Final Transportation Policy Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except in the
			 case of minor amendments, the Department shall involve DLCD, metropolitan
			 planning organizations, and interested cities, counties, state and federal
			 agencies, special districts, and other interested parties in the development or
			 amendment of the transportation policy plan. This involvement may take the form
			 of mailings, meetings, or other means that the Department determines are
			 appropriate for the circumstances. The Department shall hold at least one
			 public meeting on the plan prior to adoption.
(2) The Department shall evaluate and write
			 draft findings of compliance with all applicable statewide planning
			 goals.
(3) The Department shall
			 present to the Transportation Commission the draft plan and findings of
			 compliance with all applicable statewide planning goals.
(4) The Transportation Commission shall adopt
			 findings of compliance with all applicable statewide planning goals when it
			 adopts the final transportation policy plan.
(5) The Department shall provide copies of
			 the adopted final transportation policy plan and findings to DLCD, the
			 metropolitan planning organizations, and others who request to receive a
			 copy.
Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0055 - Coordination Procedures for Adopting Final Modal Systems Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except in the
			 case of minor amendments, the Department shall involve DLCD, metropolitan
			 planning organizations, and interested cities, counties, state and federal
			 agencies, special districts and other parties in the development or amendment
			 of a modal systems plan. This involvement may take the form of mailings,
			 meeting, or other means that the Department determines are appropriate for the
			 circumstances. The Department shall hold at least one public meeting on the
			 plan prior to adoption.
(2) The
			 Department shall evaluate and write draft findings of compliance with all
			 applicable statewide planning goals.
(3) If the draft plan identifies new
			 facilities which would affect identifiable geographic areas, the Department
			 shall meet with the planning representatives of affected cities, counties and
			 metropolitan planning organization to identify compatibility issues and the
			 means of resolving them. These may include:
(a) Changing the draft plan to eliminate the
			 conflicts;
(b) Working with the
			 affected local governments to amend their comprehensive plans to eliminate the
			 conflicts; or
(c) Identifying the
			 new facilities as proposals which are contingent on the resolution of the
			 conflicts prior to the completion of the transportation planning program for
			 the proposed new facilities.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0065 - Coordination Procedures for Adopting Final Facility Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except in the case of minor amendments,
			 the Department shall involve DLCD and affected metropolitan planning
			 organizations, cities, counties, state and federal agencies, special districts
			 and other interested parties in the development or amendment of a facility
			 plan. This involvement may take the form of mailings, meetings or other means
			 that the Department determines are appropriate for the circumstances. The
			 Department shall hold at least one public meeting on the plan prior to
			 adoption.
(2) The Department shall
			 provide a draft of the proposed facility plan to planning representatives of
			 all affected cities, counties and metropolitan planning organization and shall
			 request that they identify any specific plan requirements which apply, any
			 general plan requirements which apply and whether the draft facility plan is
			 compatible with the acknowledged comprehensive plan. If no reply is received
			 from an affected city, county or metropolitan planning organization within 30
			 days of the Department's request for a compatibility determination, the
			 Department shall deem that the draft plan is compatible with that
			 jurisdiction's acknowledged comprehensive plan. The Department may extend the
			 reply time if requested to do so by an affected city, county or metropolitan
			 planning organization.
(3) If any
			 statewide goal or comprehensive plan conflicts are identified, the Department
			 shall meet with the local government planning representatives to discuss ways
			 to resolve the conflicts. These may include:
(a) Changing the draft facility plan to
			 eliminate the conflicts;
(b)
			 Working with the local governments to amend the local comprehensive plans to
			 eliminate the conflicts; or
(c)
			 Identifying the conflicts in the draft facility plan and including policies
			 that commit the Department to resolving the conflicts prior to the conclusion
			 of the transportation planning program for the affected portions of the
			 transportation facility.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0075 - Coordination Procedures for Adopting Plans for Class 1 and 3 Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall involve affected cities, counties, metropolitan planning organizations,
			 state and federal agencies, special districts and other interested parties in
			 the development of project plans. The Department shall include planning
			 officials of the affected cities, counties and metropolitan planning
			 organization on the project technical advisory committee.
(2) Goal compliance and plan compatibility
			 shall be analyzed in conjunction with the development of the Draft
			 Environmental Impact Statement or Environmental Assessment. The environmental
			 analysis shall identify and address relevant land use requirements in
			 sufficient detail to support subsequent land use decisions necessary to
			 authorize the project.
(3) Except
			 as otherwise set forth in section (4) of this rule, the Department shall rely
			 on affected cities and counties to make all plan amendments and zone changes
			 necessary to achieve compliance with the statewide planning goals and
			 compatibility with local comprehensive plans after completion of the Draft
			 Environmental Impact Statement or Environmental Assessment and before
			 completion of the Final Environmental Impact Statement or Revised Environmental
			 Assessment. These shall include the adoption of general and specific plan
			 provisions necessary to address applicable statewide planning goals.
(4) The Department may complete a Final
			 Environmental Impact Statement or Revised Environmental Assessment before the
			 affected cities and counties make necessary plan amendments and zone changes in
			 the following case:
(a) The Final
			 Environmental Impact Statement or Revised Environmental Assessment identifies
			 that the project be constructed in phases; and
(b) The Department finds:
(A) There is an immediate need to construct
			 one or more phases of the project. Immediate need may include, but is not
			 limited to, the facility to be improved or replaced currently exceeds or is
			 expected to exceed within five years the level of service identified in the
			 Oregon Highway Plan; and
(B) The
			 project phase to be constructed meets a transportation need independent of the
			 overall project, is consistent with the purpose and need of the overall project
			 as identified in the FEIS, and will benefit the surrounding transportation
			 system even if no further phases of the project are granted land use
			 approval.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0085 - Coordination Procedures for Adopting Plans for Class 2 Projects Determined to Significantly Affect Land Use

Current through Register Vol. 63, No. 7, July 1, 2024
The procedures in this section shall be followed when the
				Department determines that a Class 2 project would significantly affect land
				use in accordance with OAR 731-015-0035.
(1) Planning officials of affected cities and
			 counties shall be contacted at the start of project planning to identify any
			 possible compliance or compatibility conflicts and ways to avoiding
			 conflicts.
(2) The Department shall
			 attempt to avoid any identified compliance or compatibility conflicts as it
			 develops its plans.
(3) Planning
			 officials of affected cities and counties shall be requested to review
			 preliminary final plans to identify whether any local land use approvals are
			 needed and whether any of the acknowledged comprehensive plan's general
			 provisions would be substantially affected. If no local planning approvals are
			 required and if the plan's general provisions would not be substantially
			 affected the Department shall conclude that the project is compatible. If no
			 comments are received from an affected local jurisdiction within 15 days of the
			 Department's request for a compatibility determination, the Department shall
			 deem that the preliminary project plans are compatible with the acknowledged
			 comprehensive plan for that jurisdiction. The Department may extend the reply
			 time if requested to do so by an affected city or county.
(4) If any local planning approvals are
			 required the Department shall either modify its project plans so as to not
			 require approvals, or shall apply for the necessary approvals.
(5) If the affected city or county does not
			 grant approval, the Department may:
(a) Modify
			 the project plans so as to not require approval;
(b) Discontinue further work on the project;
			 or
(c) Appeal the city or county
			 decision.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0095 - Coordination Procedures for Constructing or Improving Buildings in Salem Area

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall satisfy its goal compliance and plan
				compatibility responsibilities for constructing or improving buildings in areas
				subject to the jurisdiction of the Capitol Planning Commission by adhering to
				the Capitol Planning Commission's land use coordination rules in OAR Chapter
				110, Division 10, and the procedure contained in the Capitol Planning
				Commission's certified State Agency Coordination Program.
Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0105 - Coordination Procedures for Operations, Maintenance and Modernization Activities

Current through Register Vol. 63, No. 7, July 1, 2024
The procedures in this section shall be followed when the
				Department determines that an operations, maintenance or modernization activity
				would significantly affect land use in accordance with OAR 731-015-0035  unless
				compliance with the statewide planning goals and compatibility with
				acknowledged comprehensive plans has been established through application of
				OAR 731-015-0075  or OAR 731-015-0085.
(1) The Department shall consult planning
			 officials of the affected city or county to determine whether any local land
			 use approvals are required to carry out the proposed activity.
(2) If any local planning approvals are
			 required, the Department shall either modify the proposed activity so as to not
			 require approval, or shall apply for the necessary approvals.
(3) If the approvals are not granted the
			 Department may:
(a) Modify the proposed
			 activity so as to not require permits;
(b) Not do the proposed activity;
			 or
(c) Appeal the local
			 decision.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0110 - Coordination Procedures for the Disposal of Surplus Right of Way

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall apply LCDC Goal 17 implementation requirement number 6 as well as
			 applicable statutes when determining whether to declare right of way as
			 surplus.
(2) The Department shall
			 notify potential buyers of their responsibility to establish compliance and
			 compatibility.
(3) The Department
			 shall obtain a written statement from a planning official of the affected city
			 or county that all land use planning approvals have been obtained or that the
			 planned sale complies with the acknowledged comprehensive plan but no local
			 land use approvals are needed.
Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0115 - Permit Program Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall notify applicants
			 for permits or licenses or renewals of permits or licenses listed in OAR
			 731-015-0025  of their responsibility to demonstrate compliance and
			 compatibility.
(2) The Department
			 shall not issue a permit unless certification of compatibility is demonstrated
			 by the applicant. The Department may deny, condition or further restrict a
			 permit that is compatible as necessary to carry out applicable Department rules
			 and statutes.
(3) Certification
			 shall be documentation that all local land use planning approvals have been
			 obtained or a written statement by a planning official of the affected city or
			 county that the application complies with the acknowledged comprehensive plan
			 but no local land use approvals are needed.
Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0125 - Referral of Compatibility Disputes to the Land Conservation and Development Commission

Current through Register Vol. 63, No. 7, July 1, 2024
If a compatibility conflict persists after pursuing the
				compatibility procedures listed in OAR 731-015-0045  through 731-015-0115, the
				Department shall request that the Land Conservation and Development Commission
				make a compatibility determination in accordance with OAR 660-030-0070(7)
				through (12).
Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 15 - COORDINATION RULES › Section 731-015-0135 - Statewide Goal Compliance and Acknowledged Plan Compatibility for New or Amended Rules and Programs Significantly Affecting Land Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission and Department shall
			 follow the procedures in OAR 660-030-0075  to assure that new or amended rules
			 and programs comply with the requirements of ORS
			 197.180 and OAR Chapter 660,
			 Division 30.
(2) The Department
			 shall determine whether new or amended rules and programs affect land use
			 pursuant to OAR 660-030-0005(2)  and OAR 731-015-0035.
(3) This section shall not apply to the
			 adoption of temporary rules or programs.
Stat. Auth.: ORS 184 & ORS 197
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 17 - ECONOMIC DEVELOPMENT PROJECTS UNABLE TO MEET TPR REQUIREMENTS FOR STATE HIGHWAYS › Section 731-017-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division is intended to carry out the state policy
				outlined in ORS 367.850 to facilitate projects
				that support local economic development and job creation but cannot meet the
				funding or timing requirements of the Land Conservation and Development
				Commission's Transportation Planning Rule related to state highways. This
				division is not intended to supersede any requirements of the Transportation
				Planning Rule; rather, it is intended to encourage innovation and flexibility
				in the application of traffic performance measures, timing and funding
				requirements adopted pursuant to the Transportation Planning Rule associated
				with amendments to comprehensive plans and land use regulations, including zone
				changes. This innovation and flexibility extends beyond that already permitted
				under OAR 660-012-0060(2)  and through existing applications of Oregon Highway
				Plan alternate mobility standard processes.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.850
Stats. Implemented: ORS
				  367.850
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 17 - ECONOMIC DEVELOPMENT PROJECTS UNABLE TO MEET TPR REQUIREMENTS FOR STATE HIGHWAYS › Section 731-017-0015 - Applications for Time Extensions, Alternative Funding Plans, or Adjustments or Alternatives to Traffic Performance Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a local government amendment needed
			 to authorize an economic development project cannot meet the funding
			 requirements of the Transportation Planning Rule as they relate to state
			 highways, the local government may apply for:
(a) An extension of time to meet the
			 requirements of OAR 660-012-0060(2)(b), 660-012-0060(4)(b)(D)  or
			 660-012-0060(4)(c)(A);
(b) Approval
			 of a plan proposing alternative methods of funding that meets the provisions in
			 this division;
(c) An adjustment to
			 existing traffic performance measures or allowance to use an alternative
			 traffic performance measure other than a volume to capacity ratio with a
			 proposed acceptable level of performance during an interim period prior to
			 completion of construction of an economic development project for a period of
			 no more than 20 years; or
(d) An
			 adjustment to existing traffic performance measures or allowance to use an
			 alternative traffic performance measure other than a volume to capacity ratio
			 with a proposed acceptable level of performance that address the specific
			 traffic impacts of an economic development project.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 17 - ECONOMIC DEVELOPMENT PROJECTS UNABLE TO MEET TPR REQUIREMENTS FOR STATE HIGHWAYS › Section 731-017-0025 - Additional Requirements for Time Extensions to Meet Funding Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 the requirements of section 0020 of this division, an application requesting an
			 extension of time to meet the requirements of OAR 660-012-0060(4)(b)(D)  or
			 660-012-0060(4)(c)(A)  shall include the following additional information:
(a) The additional time period being
			 requested from the OTC, up to a maximum of 20 years from the date of
			 application.
(b) If applying for an
			 extension of the time requirement in OAR 660-012-0060(4)(c)(A), the identified
			 mitigation improvements or measures for which a time extension is needed to
			 avoid a significant adverse impact on the Interstate Highway system.
(c) An explanation why OTC approval of a time
			 extension is reasonable and necessary.
(d) An explanation of what will be
			 accomplished during the additional time period that makes compliance with OAR
			 660-012-0060(1)  likely by its conclusion.
(e) A discussion of whether and how an
			 extension of time might adversely impact other existing uses in the community
			 or along a corridor.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 17 - ECONOMIC DEVELOPMENT PROJECTS UNABLE TO MEET TPR REQUIREMENTS FOR STATE HIGHWAYS › Section 731-017-0030 - Additional Requirements for Alternative Funding Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the requirements of
			 section 0020 of this division, an application requesting approval of an
			 alternative funding plan shall include the following additional information:
(a) An estimate of the additional funds
			 required to construct needed state highway facilities or improvements or
			 provide identified mitigation improvements or measures.
(b) A description of the proposed alternative
			 funding method and an explanation how it would be adequate to alleviate the
			 funding shortfall.
(c) An
			 explanation why implementation of the proposed alternative funding method is
			 feasible and likely to occur.
(d)
			 If the proposed alternative method requires participation by other public or
			 private entities, such as contributions from employers or other parties
			 directly benefitting from an economic development project, a demonstration of
			 commitment by such other entities to participate in the funding
			 method.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 17 - ECONOMIC DEVELOPMENT PROJECTS UNABLE TO MEET TPR REQUIREMENTS FOR STATE HIGHWAYS › Section 731-017-0035 - Additional Requirements for Adjustments or Alternatives to ODOT Traffic Performance Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to the requirements of section 0020 of this division, an application
			 to adjust traffic performance measures or to allow use of alternative traffic
			 performance measures including measures other than a volume to capacity ratio
			 shall include the following additional information:
(a) Identification of the existing traffic
			 performance measures and a description of the adjusted or alternative traffic
			 performance measures being requested to accommodate the economic development
			 project, including the geographic boundaries of the requested adjustment or
			 alternative measures.
(b) An
			 explanation how the proposed adjusted or alternative traffic performance
			 measures protect the function of affected state highway facilities.
(c) Methodologies and procedures for applying
			 the adjusted or alternative traffic performance measures, including the level
			 of performance being sought under the new measure.
(d) If the proposal is to adjust existing
			 traffic performance measures or allow use of alternative traffic performance
			 measures during an interim period prior to completion of construction of the
			 development:
(A) The proposed length of the
			 interim period and what will be achieved during that interim period.
(B) An explanation of what will need to occur
			 for the significantly affected transportation facility to be brought up to the
			 current traffic performance measure by the end of the interim period.
(e) An explanation how Commission
			 approval of the requested adjustment or use of alternative traffic performance
			 measures would impact affected state highway corridors and the local
			 government's ability to implement its adopted transportation system plan or
			 comprehensive plan.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 17 - ECONOMIC DEVELOPMENT PROJECTS UNABLE TO MEET TPR REQUIREMENTS FOR STATE HIGHWAYS › Section 731-017-0040 - ODOT Review and Report to Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 30 days following receipt of a
			 complete application or an incomplete application presented as written, the
			 Director shall submit to the Commission a report and recommendation on the
			 application.
(2) The Director's
			 report shall:
(a) Identify the applicant and
			 the nature of the application.
(b)
			 Identify the ODOT Region from which the application originated and the number
			 of applications within that Region that have already been approved under this
			 division during the current calendar year.
(c) Address consistency with the applicable
			 submittal criteria in section 0020 of this division and with the review
			 criteria in this section.
(d)
			 Include ODOT's recommendation on the application and the reasons for that
			 recommendation.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 17 - ECONOMIC DEVELOPMENT PROJECTS UNABLE TO MEET TPR REQUIREMENTS FOR STATE HIGHWAYS › Section 731-017-0045 - Commission Review and Decision on Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 45 days following receipt of the
			 Director's report, the Commission shall review the Director's report and issue
			 a written decision approving or denying the application. Commission approval or
			 denial of an application shall be accompanied by findings of fact and a
			 statement of reasons explaining how the decision relates to the applicable
			 review standards. If a public hearing is required on the application, the
			 Commission shall schedule the public hearing and allow for the required public
			 review period. The Commission may approve up to four applications in each ODOT
			 Region in a calendar year. The Commission may attach such conditions to its
			 approval as it deems necessary or appropriate to protect the function or ensure
			 the safe operation of state highways or to protect the state's substantial
			 financial investment in its state highway system.
(2) Once the Commission has approved four
			 applications within an ODOT Region within a calendar year, it may continue its
			 consideration of one or more applications within that ODOT Region to the
			 following calendar year. Continuation of an application to the following
			 calendar year shall not imply any preference or priority for that
			 application.
(3) A Commission
			 decision to approve an application shall be conditioned to limit the allowed
			 uses on the property that is the subject of the proposed amendment to only
			 those uses specifically identified in the proposed economic development
			 project. A local government may achieve this result through application of a
			 limited use overlay zone, the creation of a new zoning district, or other
			 similar method.
(4) A Commission
			 decision to approve an application to adjust traffic performance measures or
			 allow use of alternative traffic performance measures other than a volume to
			 capacity ratio shall be conditioned to apply only to the facility impact area
			 that is the subject of the proposed local government amendment.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.850
Stats. Implemented: ORS
				  367.850
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 17 - ECONOMIC DEVELOPMENT PROJECTS UNABLE TO MEET TPR REQUIREMENTS FOR STATE HIGHWAYS › Section 731-017-0050 - Land Use Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Commission determinations made pursuant to this division concerning the
			 financing of transportation facilities and improvements are not considered land
			 use decisions.
(2) Commission
			 actions made pursuant to this division to extend the time beyond the maximum
			 planning horizon established in the OHP and to adjust or allow alternative
			 traffic performance measures are considered land use decisions and require OHP
			 amendments.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.850
Stats. Implemented: ORS
				  367.850
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 17 - ECONOMIC DEVELOPMENT PROJECTS UNABLE TO MEET TPR REQUIREMENTS FOR STATE HIGHWAYS › Section 731-017-0055 - Review and Update

Current through Register Vol. 63, No. 7, July 1, 2024
Beginning two years following the adoption of this division,
				the Commission shall commence a review to evaluate implementation of and
				consider possible modifications to this division. This evaluation shall include
				considerations of the cumulative effects from applications that have been
				approved.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  367.850
Stats. Implemented: ORS
				  367.850
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 20 - METHODS FOR ESTABLISHING GROSS WEIGHTS OF TRUCKS › Section 731-020-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
Establishing methods of determining gross weights for the
Oregon Vehicle Code
.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619 & ORS
				  801.055
Stats. Implemented: ORS
				  801.055
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 20 - METHODS FOR ESTABLISHING GROSS WEIGHTS OF TRUCKS › Section 731-020-0010 - Weighing of Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purpose of determining any gross weight, actual scale weights shall govern.
			 In the absence of information as to scale weights or of convenient facilities
			 for ascertaining scale weights, the weights furnished by dealers, manufactures
			 or their agents, as to the weights of vehicles and parts of vehicles, and bills
			 of lading or cargo manifests as to weights of loads, may be accepted as the
			 weights thereof, but such weights shall be subject at all times to verification
			 by actual weights subsequently ascertained.
(2) For any of the purposes of the
Oregon Vehicle Code
, any gross weight may be measured and
			 determined as follows:
(a) The gross weight of
			 any wheel may be ascertained by placing a portable wheel weigher underneath the
			 wheel and raising it off the surface of the ground, or by placing any wheel on
			 a platform scale in a position so that the other wheels of the vehicle do not
			 bear upon the platform of the scale;
(b) The gross axle weight of any axle may be
			 ascertained by placing a portable wheel weigher underneath the outer wheels at
			 both ends of the axle and raising all the wheels of the axle off the surface of
			 the ground so as to weigh the entire axle at one time, or otherwise in the
			 usual manner of the use of weighing devices, or may be ascertained by placing
			 all the wheels of any axle on a platform scale in a position so that the other
			 wheels of the vehicle do not bear upon the platform of the scale;
(c) The gross weight of any tandem axles and
			 the gross weight of any group of axles shall be the sum of the gross axle
			 weights of all the axles comprising the tandem axles or the group of axles, or
			 may be ascertained by placing all the wheels of the tandem axles or the group
			 of axles on a platform scale in a position so that the other wheels of the
			 vehicle or combination of vehicles do not bear upon the platform of the scale.
			 If it is not practical to place only the wheels of the tandem axles or groups
			 of axles in a position so that other wheels of the vehicle or combination of
			 vehicles do not bear upon the platform of the scale, other wheels of the
			 vehicle or combination of vehicles may be placed on the platform of the scale
			 and the gross weight of the tandem axles or the gross weight of the group of
			 axles shall be determined by subtracting from the gross weight of all the
			 wheels upon the platform of the scale the gross weight of the wheels not
			 comprising the tandem axles or the groups of axles;
(d) The gross weight of any vehicle or
			 combination of vehicles shall be the sum of the gross axle weights of all the
			 axles of the vehicle or combination of vehicles, or may be ascertained by
			 placing all the wheels of a vehicle or combination of vehicles on a platform
			 scale.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 30 - OREGON TRANSPORTATION INFRASTRUCTURE FUND › Section 731-030-0010 - Purpose of the Rules

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 731-030-0010  to 731-030-0170  establish the procedures and
				requirements for the administration of the Oregon Transportation Infrastructure
				Fund and for the creation and operation of the Oregon Transportation
				Infrastructure Bank.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  367.015 &
				  367.020
Stats. Implemented: ORS
				  367.010 -
				  367.060 & US Code,
				  PL
				  104-59, Sect. 350