Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 29 - ADOPT-A-HIGHWAY PROGRAM › Section 734-029-0030 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Applicant must apply in writing on the form provided by the Department to the
			 DM for the District in which the section of highway requested to be adopted is
			 located. When noxious weed removal is a desired work activity, the Applicant
			 must also provide the DM with a plan approved in writing by the Oregon
			 Department of Agriculture or the appropriate county governing body. The plan
			 shall include the species of plant to be removed, the method of removal that
			 does not include the use of pesticides, herbicides, or machine powered
			 equipment, and the timing and frequency of noxious weed removal.
(2) An "Adopt-A-Highway" permit will be
			 executed by the Applicant and the DM under the authority of OAR Chapter 734,
			 Division 55 and Division 29. In the event of a conflict, Division 29 rules will
			 prevail. The Permit will list the specific requirements and obligations of both
			 the Applicant and its Participants, and the Department.
(3) An application is not a Permit until it
			 is approved and signed by the DM. No work is to be done along the highway until
			 the Applicant has obtained a valid Permit. The approved Permit must be
			 physically at the work site when the work is being performed.
(4) The section of highway adopted will be at
			 least two miles in length for litter pickup or noxious weed removal. This
			 minimum may be modified at the discretion of the DM where there are unique or
			 unusual situations or features having to do with allowed work activities on a
			 specific highway section.
(5) The
			 term of the permit will be for a period of one, two, or three years.
(6) A section of highway may be adopted by
			 more than one Applicant with only one Applicant for litter pick up and one
			 Applicant for noxious weed removal. If more than one Applicant requests the
			 same section of highway for the same work activity, the DM may make the
			 selection by earliest date of application or by a random drawing.
(7) Assignment of a specific section of
			 highway shall be at the discretion of the DM.
(8) The DM may consider factors such as width
			 of right-of-way, geometrics, congestion, and sight distance in determining
			 which highways or sections of highway will be eligible for adoption under
			 Division 29 rules.
(9)
			 Subcontracting or assigning work, or hiring or paying a wage or salary for work
			 on the adopted section by the Applicant to any party is prohibited and will
			 result in cancellation of the permit.
(10) The DM may cancel a Permit for any
			 reason including, but not limited to safety considerations concerning highway
			 operations, failure of the Applicant to perform the work described in the
			 Permit, or failure of the Applicant to comply with provisions of the Permit.
			 This cancellation will be issued in writing.
(11) The Applicant may cancel the permit with
			 30 days written notice to the DM.
(12) An Applicant has the option of renewing
			 the permit for subsequent terms subject to the approval of the DM. Such request
			 must be submitted in writing, signed by the Applicant and submitted to the DM
			 at least 30 days prior to the permit expiration date.
(13) The Applicant shall not use state
			 highways to display advertising signs or display or sell merchandise of any
			 kind.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  366.158
Stats. Implemented: ORS
				  366.158