reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 31 - REST AREA SPONSORSHIP ACKNOWLEDGEMENT SIGN PROGRAM › Section 734-031-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in Division 31 rules, the following definitions will
				apply:
(1) "Acknowledgment Sign" - A
			 sign that informs the public that a Participant has provided a Contribution for
			 the development or ongoing operation or maintenance of an Oregon Department of
			 Transportation Rest Area. For the purposes of Division 31 rules, an
			 "Acknowledgment Sign" includes an acknowledgement plaque or rider added to an
			 existing sign on the mainline highway.
(2) "Contribution" - The provision of money,
			 highway related service, or product for the development or ongoing operation or
			 maintenance of a Rest Area.
(3)
			 "Department" - The Oregon Department of Transportation (ODOT).
(4) "Highway Related Service" - A service
			 that supports the development, operation or maintenance of the Rest Area.
			 Typical services include but are not limited to litter pickup, landscape
			 maintenance, or brush removal.
(5)
			 "MUTCD" - Manual on Uniform Traffic Control Devices for Streets and Highways
			 along with the Oregon MUTCD Supplements.
(6) "Oregon Temporary Traffic Control
			 Handbook" - The standards adopted by the Department for traffic control
			 operations of three days or less.
(7) "Participant" - An individual, family
			 group, company, business, or volunteer group who provide a Contribution and who
			 has entered into a Sponsorship Agreement. "Participant" includes the
			 organization and its members.
(8)
			 "Product" - Items used in the development, operation or maintenance of the Rest
			 Area by the Rest Area Operator. Typical products include but are not limited to
			 landscape materials or building supplies.
(9) "Rest Area" - A roadside area separated
			 from the main travel way and under the control of the Department. A Rest Area
			 may include rest rooms, drinking water, and other facilities needed for the
			 rest and safety of motorists. For the purposes of Division 31 rules, when a
			 Rest Area is sited on both sides of the highway, the two sides will be
			 considered as separate Rest Areas.
(10) "Rest Area Operator" - The Department or
			 Travel Information Council or other entity responsible for management of the
			 Rest Area by agreement with the Department.
(11) "Sponsorship Agreement" -An agreement
			 between a Participant and the Rest Area Operator where the Participant agrees
			 to provide a Contribution in exchange for the placement of an Acknowledgement
			 Sign in the Rest Area or on the mainline of the adjoining state
			 highway.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  366.205
Other Auth.: Federal Policy 5160.1A
Stats. Implemented: ORS
				  366.205
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 31 - REST AREA SPONSORSHIP ACKNOWLEDGEMENT SIGN PROGRAM › Section 734-031-0010 - Participant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 individual, family group, company, business, or volunteer group is eligible to
			 submit proposals to provide a Contribution for the development or ongoing
			 operation or maintenance of Rest Areas. Participants must comply with all
			 applicable state and federal laws concerning the provisions prohibiting
			 discrimination based on race, religion, color, age, sex, and national origin.
(2) When the Participant is a
			 family group, company, business, or volunteer group, the Participant must
			 appoint or select a spokesperson to act as their representative in matters
			 relating to the sponsorship solicitation and Sponsorship Agreement. The
			 Participant and its spokesperson are responsible for assuring compliance with
			 the Sponsorship Agreement.
(3)
			 Participants may provide Contributions for the overall support of one or more
			 Rest Areas or for one or more features of a Rest Area.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  366.205
Other Auth.: Federal Policy 5160.1A
Stats. Implemented: ORS
				  366.205
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 31 - REST AREA SPONSORSHIP ACKNOWLEDGEMENT SIGN PROGRAM › Section 734-031-0015 - Participant Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Solicited Contributions
(a) Participants will
			 be identified using an open, competitive solicitation process such as a request
			 for proposal.
(b) Solicitations
			 will provide a description of the sponsorship opportunity being offered stating
			 all information pertinent to an understanding of the offer.
(c) When the offer is for a Highway Related
			 Service that includes removal of noxious weeds, a plan approved in writing by
			 the Oregon Department of Agriculture or the appropriate county governing body
			 must be included with the proposal. The plan must 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.
(d) Successful Participants will be selected
			 based on a net benefit for the public. There may be more than one Participant
			 providing Contributions in support of a Rest Area or a Rest Area feature;
			 however only one Participant will be selected for the overall sponsorship of a
			 Rest Area. The Rest Area Operator reserves the right to reject any or all
			 proposals if it determines the proposal is not a reasonable value or is not in
			 the public's best interest.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 31 - REST AREA SPONSORSHIP ACKNOWLEDGEMENT SIGN PROGRAM › Section 734-031-0020 - Acknowledgement Signs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 sign may be placed by the Rest Area Operator informing the public of the
			 Participant's Contribution with the Participant's name or acronym when the
			 Contribution meets the requirements of Division 31 rules. The Participant may
			 be required to provide evidence of the Participant's existence such as the
			 Participant's organizational bylaws, website, or letterhead. When the
			 Participant is an individual or family group, the individual's name (first name
			 or initial and last name) or the family name (e.g. Smith Family) will be used.
(2) The Acknowledgement Sign shall
			 not be used for advertising or as a memorial and shall not contain items such
			 as contact information, directions, slogans, telephone numbers, website, or
			 internet addresses. The Participant name may be verified with the Secretary of
			 State's business name registry or other information available to the Rest Area
			 Operator.
(3) The Acknowledgement
			 Sign may be installed after the Participant has provided the monetary or
			 product Contribution, or has successfully performed the Highway Related Service
			 described in the Sponsorship Agreement at least once.
(4) In addition to the Contribution, the
			 Participant will be responsible for the Rest Area Operator's cost to
			 manufacture and install the Acknowledgement Sign. The sign will remain the
			 property of the Rest Area Operator and be removed by the Rest Area Operator
			 when the Sponsorship Agreement is cancelled or has expired.
(5) If the Department or Rest Area Operator
			 determines that the Acknowledgement Sign interferes with the maintenance,
			 operation, or use of the Rest Area or the state highway, the sign will be
			 removed. Acknowledgement Signs that are repeatedly vandalized or stolen may not
			 be replaced at the discretion of the Rest Area Operator.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  366.205
Other Auth.: Federal Policy 5160.1A
Stats. Implemented: ORS
				  366.205
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 31 - REST AREA SPONSORSHIP ACKNOWLEDGEMENT SIGN PROGRAM › Section 734-031-0025 - Acknowledgement Sign Design and Placement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an Acknowledgement Sign is used for
			 sponsorship recognition on the mainline of the adjacent state highway or the
			 Rest Area entrance or exit ramp, or is in a Rest Area and legible to motorists
			 using the Rest Area, it must conform to the signing standards in the MUTCD and
			 design standards adopted by the Department. Such Acknowledgement Signs must not
			 have moving elements or simulate movement, have bold or vibrant colors, or be
			 attached to, imitate or interfere with any traffic control device.
(2) When the sponsorship is for a specific
			 Rest Area feature or a component of a specific Rest Area feature, one
			 Acknowledgement Sign may be installed in the Rest Area placed at or as close as
			 practical to the feature being sponsored. The sign will not be installed in a
			 location where it would obscure a Rest Area visitor's view of traffic control
			 devices, interfere with the regular use of the Rest Area by Rest Area visitors,
			 or be visible from the mainline highway. The sign will say '_____________
			 SPONSORED BY' on the first line and the Participant name or acronym on the next
			 one or two lines.
(3) When the
			 sponsorship is for the overall Rest Area, one Acknowledgement Sign for each
			 direction of travel may be installed on the mainline upon approval of the
			 Department. The Acknowledgement Sign may be an independent sign assembly or an
			 acknowledgement plaque/rider added to an existing sign and placed as close as
			 practicable to the entrance to the Rest Area and will say 'REST AREA SPONSORED
			 BY' on the first line with the Participant name or acronym on the next one or
			 two lines. Acknowledgement Signs on the mainline must be static, non-changeable
			 signs and shall not be overhead installations. When the Acknowledgement Sign on
			 the mainline is an independent sign assembly, it must be located at least 500
			 feet from any other traffic control device. In addition, one Acknowledgement
			 Sign may be placed in the Rest Area provided the sign is not visible to the
			 mainline highway and does not pose a safety risk to Rest Area users.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  366.205
Other Auth.: Federal Policy 5160.1A
Stats. Implemented: ORS
				  366.205
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 31 - REST AREA SPONSORSHIP ACKNOWLEDGEMENT SIGN PROGRAM › Section 734-031-0030 - Sponsorship Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Sponsorship Agreement shall be an agreement for the Participant to provide for
			 development, operation or maintenance of a Rest Area. When the Sponsorship
			 Agreement is for a Rest Area within Interstate highway right of way, the
			 Sponsorship Agreement must be approved by Federal Highway Administration to
			 determine consistency with its directives and MUTCD.
(2) The Sponsorship Agreement will include
			 the name of the Rest Area and a full description of the Contribution including
			 the quantity of Product being provided or the frequency that Highway Related
			 Services are to be performed.
(3)
			 The term of the Sponsorship Agreement will be for a period of at least 1 year.
(a) When the Contribution is a Highway
			 Related Service for the Rest Area operation or maintenance, the service must be
			 provided at least twice over the 1-year period. When the Highway Related
			 Service is for development of a Rest Area or Rest Area feature, the
			 Contribution must be for a significant portion of the overall project as
			 identified in the project solicitation.
(b) When the Contribution is for a Product,
			 the quantity of Product must be adequate to meet the expected need for the
			 1-year period.
(c) When the
			 Contribution is money, the value must be a significant portion of the
			 development cost or the cost to operate or maintain the Rest Area or the
			 specific feature of the Rest Area.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 32 - OREGON SCENIC BYWAY PROGRAM › Section 734-032-0000 - Purpose of and Need for the Scenic Byway Program

Current through Register Vol. 63, No. 7, July 1, 2024
Administrative rules OAR 734-032-0000  through OAR 734-032-0070 establish the Scenic Byway Program as authorized by ORS
				184.617 and
				184.619. The program consists of
				a multistep process starting with an idea (citizen, special interest group,
				local, state or federal agency) to designate transportation corridor as an
				Oregon Scenic Byway and progressively move that idea through a series of
				reviews culminating, if warranted, in a designation of an Oregon Scenic Byway
				by the Oregon Transportation Commission and the Oregon Tourism Commission. The
				program is intended to recognize scenic byways across jurisdictional
				boundaries, to orient and focus on the tourist or motorist and to show off the
				best in the way of scenic byways. The stimulus for this program has come from
				the Intermodal Surface Transportation Efficiency Act of 1991.
Stat. Auth.: ORS
				  184.617 & ORS
				  184.619
Stats. Implemented: Intermodal Surface Transportation
				  Efficiency Act of 1991
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 32 - OREGON SCENIC BYWAY PROGRAM › Section 734-032-0010 - Goals and Objectives of the Scenic Byway Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The goals of the Scenic Byway Program are
			 to:
(a) Create a comprehensive statewide
			 multi-agency program to identify and manage Oregon's most outstanding scenic
			 transportation corridors;
(b)
			 Preserve and/or enhance Oregon's most outstanding scenic transportation
			 corridors; and
(c) Provide
			 meaningful tourism opportunities for the traveling public.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 32 - OREGON SCENIC BYWAY PROGRAM › Section 734-032-0020 - Terminology

Current through Register Vol. 63, No. 7, July 1, 2024
The following terminology shall be used when applying the
				criteria in this division:
(1)
			 Agriculture/Forestry - Crops, wineries, vineyards, ranches, fisheries,
			 old-growth and reforested lands.
(2) Color - Overall color(s) of the basic
			 components of the landscape (e.g., soil, rock, vegetation, etc.) as they appear
			 during the seasons or periods of high use. Key factors are variety, contrast
			 and harmony.
(3) Driveability -
			 Driving safety, ease and pleasure as related to road standards (e.g., lane and
			 shoulder width, traffic character, etc.)
(4) Landform - Topography becomes more
			 interesting as it gets steeper or more massive, or more severely sculptured.
			 Outstanding landforms may be monumental or exceedingly artistic and
			 subtle.
(5) Modifications -
			 Modifications in the landform, water, vegetation or addition of structures that
			 detract from or complement the scenic quality.
(6) Natural - This includes natural features
			 such as geologic formations, wildlife sites, waterfalls, lake basins,
			 old-growth stands, mountain meadows, etc.
(7) Paved - Hard surfaces such as concrete or
			 bituminous.
(8) Uniqueness/Scarcity
			 - The relative scarcity or abundance of a particular unique scenic resource or
			 combination of features within the geographic region.
(9) Vegetation - Forest, prairies, orchards,
			 active farm cropland and tree farms. Consider variety of patterns, form and
			 textures created by plant life. Consider smaller scale vegetational features
			 which add striking and intriguing detail elements to the landscape.
(10) Water - Ocean, rivers, lakes,
			 waterfalls,rapids, marshes, canals and harbors. That ingredient which adds
			 movement or serenity to a scene. The degree to which water dominates the
			 scene.
Stat. Auth.: ORS
				  184.617 & ORS
				  184.619
Stats. Implemented: Intermodal Surface Transportation
				  Efficiency Act of 1991
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 32 - OREGON SCENIC BYWAY PROGRAM › Section 734-032-0030 - Categories of Routes

Current through Register Vol. 63, No. 7, July 1, 2024
There are two categories of routes in the Scenic Byways system.
				Scenic Byways include the most scenic routes with road standards that would
				accommodate most travelers. These routes encompass scenic, historic,
				recreational and cultural values of not only the roadway right-of-way, but also
				the adjacent visual resources. Tour Routes include all the other purely scenic
				routes with limited driveability as well as routes with special features.
				Further definition of these routes are:
(1) Scenic Byways encompass national or
			 statewide known scenic values of the roadway and adjacent visual resources. In
			 general, scenic routes are paved, passable by passenger car and meet certain
			 road and safety standards. This classification contains examples of truly
			 spectacular routes with national or statewide recognition and the best scenic
			 drives in Oregon. The Scenic Byways shall include the many varieties of the
			 Oregon landscape and shall be distributed throughout the state. The number of
			 routes shall be limited so the state is not saturated with scenic drives. The
			 pattern of routes shall not be confusing to the public. Crisscrossing or
			 overlap of designated routes shall be avoided.
(2) Tour Routes encompass regionally or
			 locally known scenic, cultural or historic values which also have features or
			 points of interest that tend to draw people out of their cars. These could
			 include wine tours, covered bridge tours or resource management tours. Tour
			 routes may also be more primitive routes requiring high-clearance vehicles,
			 with scenery ranging from national to local. Tour Routes may be paved, but some
			 are not, and a few require four-wheel drive vehicles, while others are
			 driveable by normal passenger car. The routes shall be safe for the prescribed
			 season and required type of vehicle.
Stat. Auth.: ORS
				  184.617 & ORS
				  184.619
Stats. Implemented: Intermodal Surface Transportation
				  Efficiency Act of 1991
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 32 - OREGON SCENIC BYWAY PROGRAM › Section 734-032-0040 - Oregon Scenic Byway Designation Process - Initial Screening of Scenic Byway Proposal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 be considered as a scenic byway the proponent must submit the following:
(a) Written narrative statement of the route
			 identifying items of significance or interest in relation to the established
			 criteria;
(b) Documentation of
			 conceptual support by jurisdictional agencies in the corridor;
(c) Map of route, showing beginning and
			 ending points, length and width of corridor; and
(d) Definition of the location of points of
			 interest or significance.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 32 - OREGON SCENIC BYWAY PROGRAM › Section 734-032-0050 - Oregon Scenic Byway Designation Process - Formal Proposal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the proposal
			 is recommended to proceed, the proponent must make a formal presentation to the
			 committee presenting the following information in addition to providing
			 additional detail of the requirements in OAR 734-032-0040(1):
(a) Detail the management strategy which
			 shall be employed for the route. This should include the following:
(A) How the Scenic or Tour Route Criteria
			 values shall be protected;
(B) How
			 the Scenic or Tour Route Criteria values shall be interpreted for the
			 public;
(C) How the road and
			 parking shall be maintained to enhance value and for public safety;
			 and
(D) How values shall be
			 enhanced.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 32 - OREGON SCENIC BYWAY PROGRAM › Section 734-032-0060 - Monitoring Designated Oregon Scenic Byways and Tour Routes

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Scenic Byway Committee shall review field
				inventories against current conditions at least once every five years. The
				committee may recommend the removal of routes that no longer meet the criteria
				due to changed conditions at the completion of the five year review or at any
				time there is a significant change in the conditions of the
				route.
Stat. Auth.: ORS
				  184.617 & ORS
				  184.619
Stats. Implemented: Intermodal Surface Transportation
				  Efficiency Act of 1991
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 32 - OREGON SCENIC BYWAY PROGRAM › Section 734-032-0070 - Scenic Byway Committee

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Scenic Byway Committee shall consist of a
				representative from each of the entities listed below with the Oregon
				Department of Transportation representative chairing the committee:
(1) Oregon Department of
			 Transportation;
(2) Oregon Economic
			 and Community Development Department;
(3) Oregon Parks and Recreation
			 Department;
(4) U.S. Forest
			 Service;
(5) Bureau of Land
			 Management;
(6) Association of
			 Oregon Counties;
(7) Oregon
			 Association of Convention and Visitors Bureaus; and
(8) League of Oregon Cities.
Stat. Auth.: ORS
				  184.617 & ORS
				  184.619
Stats. Implemented: Intermodal Surface Transportation
				  Efficiency Act of 1991
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0005 - Property Grants to Cities and Counties for Streets and Roads

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Policy:
			 The grant of property or property rights acquired by highway funds is subject
			 to statutory and constitutional restrictions. This administrative rule is
			 enacted in order to assure that those restrictions are satisfied when property
			 or property rights are granted to cities or counties for street or road
			 purposes by ensuring that such transfer is in the public interest and that the
			 highway funds are being adequately conserved.
(2) The Department of Transportation receives
			 requests from cities and counties for grants of property owned by the
			 department for construction of streets and roads which are not part of the
			 state highway system. Subject to the following conditions, the department may
			 sell or transfer property not on operating right of way if the property is
			 declared surplus to the needs of the department and may grant easements on
			 operating right of way for such street and road purposes:
(a) Sale or transfer of property not on
			 operating right of way declared surplus:
(A)
			 If the proposed street or road is determined not to benefit the state highway
			 system the property shall be appraised and that value must be paid before
			 property rights are transferred; and
(B) If the proposed street or road is
			 determined to be a distinct and direct benefit to the state highway system the
			 property shall be appraised, the value of the proposed street or road to the
			 state highway system shall be determined and if the values are approximately
			 equal the grant shall be given at no cost to the city or county, otherwise the
			 difference between the appraised value and value to the state highway system
			 must be paid before the property rights are transferred.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0140 - Authorization for the Use of Department Real Property in Lieu of a Lease or Easement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may issue written authorization for the use of real property under
			 the jurisdiction of the Department, in lieu of an easement or lease, when in
			 the judgment of the Department's Right of Way Manager any of the following are
			 true:
(a) The fair market value of the real
			 property is difficult to ascertain or is negligible due to the size, location,
			 configuration, or other features of the parcel of real property sought to be
			 used; or
(b) The fair market value
			 of the real property is difficult to ascertain or is negligible as a result of
			 the existence of local land use restrictions on the parcel of real property
			 sought to be used; or
(c) The
			 benefit to the Department in having the real property occupied and maintained
			 exceeds the probable fair market value of the parcel of real property sought to
			 be used.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 734-035-0010  through 734-035-0040  is to
				outline a process for removing personal property from state highway rights of
				way by the Department of Transportation under ORS
				377.650 and
				377.653 where the personal
				property is reasonably believed to be the result of illegal
				camping.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  377.653
Stats. Implemented: ORS
				  377.650 &
				  377.653
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0020 - Definition of Personal Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Personal property includes items which
			 are reasonably recognizable as belonging to individual persons and which have
			 apparent utility. Items which have no apparent utility or are in an unsanitary
			 condition are considered junk and will be discarded.
(2) Weapons, drug paraphernalia, and items
			 which reasonably appear to be either stolen or evidence of a crime will be
			 turned over to the appropriate law enforcement agency.
Stat. Auth.: ORS 377
Stats. Implemented: ORS
				  377.650
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0030 - Removal, Storage and Retrieval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Personal property (as defined in OAR
			 734-035-0020) will be separated during cleanups from trash/debris/junk (which
			 will be immediately discarded) and items to be turned over to law enforcement
			 officials and stored. The personal property shall be stored for no less than 30
			 days. During that period it will be reasonably available to persons claiming
			 ownership of the personal property.
(2) Each district will arrange in advance for
			 a location to store personal property. The storage facility should be
			 reasonably secure. The location should be reasonably accessible to the cleanup
			 area and preferably served by public transportation. If a Department of
			 Transportation facility is used, the address of the facility will not be
			 publicized. Instead, a telephone number to arrange an appointment to pick up
			 claimed personal property will be provided. The telephone number should reach
			 an office which is staffed during normal business hours (8 a.m. to 5 p.m.
			 weekdays). A person claiming property must be able to schedule an appointment
			 at a convenient time (also during business hours).
Stat. Auth.: ORS 377
Stats. Implemented: ORS
				  377.650
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0040 - Scheduling and Notice; Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In locations where camping or staying
			 overnight regularly occurs, signs may be posted by the Department announcing
			 that camping is not allowed according to OAR 734-020-0095. In locations not
			 open to public entry, signs will be posted by the Department according to
			 734-035-0200. Personal property left on state highway right of way and
			 reasonably believed to be the result of illegal camping may be removed from the
			 right of way after the Department posts proper notice in accordance with this
			 rule.
(2) Written notice will be
			 posted in a conspicuous location in the general vicinity of the personal
			 property to be removed. When the personal property is under a bridge, along a
			 river, and within the urban growth boundary, notice will be posted in a
			 conspicuous location within 30 feet of the personal property. The notice is to
			 be posted at least ten days but not more than 19 days prior to removal of the
			 personal property by the Department. In locations not open to public entry,
			 notice is to be posted at least 24 hours prior to removal of the personal
			 property by the Department.
(3)
			 Notwithstanding subsection (2) of this rule, when the Department determines
			 that either:
(a) personal property on highway
			 right of way in locations not closed to public entry is in violation of
			 environmental laws, the Department may remove the personal property 24 hours
			 after posting notice.
(b) an
			 exceptional emergency exists, personal property may be removed without notice
			 described in this rule. An "exceptional emergency" is a situation which must be
			 immediately addressed to avoid greater harm such as site contamination by
			 hazardous materials or that either the personal property itself of individuals
			 entering the location to retrieve the personal property presents an immediate
			 danger to human life or safety.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0050 - General Policy

Current through Register Vol. 63, No. 7, July 1, 2024
It is the general policy of the Department of Transportation to
				efficiently and economically dispose of real property that is determined by the
				agency to be surplus.
Stat. Auth.: ORS 184 & ORS 366
Stats. Implemented: ORS 270.100
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0060 - Determination That Property is Surplus

Current through Register Vol. 63, No. 7, July 1, 2024
The following criteria may be used to determine real property
				is surplus: The property is no longer needed by the agency for public
				purposes.
Stat. Auth.: ORS 184, ORS 273 & ORS 366
Stats. Implemented: ORS 270.110
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0070 - Notice to Department of Administrative Services

Current through Register Vol. 63, No. 7, July 1, 2024
Upon declaring property to be surplus to its needs, the
				Department of Transportation shall notify the Department of Administrative
				Services of the intent to sell the property.
Stat. Auth.: ORS 184 & ORS 273
Stats. Implemented: ORS 270.100
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0080 - Appraisal of Surplus Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before offering for sale any real
			 property or equitable interest therein owned by the Department of
			 Transportation, the Department shall cause the property to be appraised by one
			 or more competent appraisers. All appraisals so obtained shall be reviewed in
			 compliance with the Department's
Right of Way Manual
to insure
			 accuracy and adequacy of the value reported for the real property.
(2) Said appraisal(s) and the appraisal
			 review shall be used by the Department's Right of Way Manager to establish the
			 asking price for the real property.
(3) Except as provided in OAR
			 734-035-0110,
			 if an asking price in excess of $5,000 is established for any surplus property,
			 the property shall not be sold to any private person until competitive bids
			 have been requested by the Department.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS 184 & ORS 366
Stats. Implemented: ORS 270.100
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0090 - Publication of Notice of Sale

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in OAR
			 734-035-0110,
			 the Department shall give notice of all sales of real property or interest
			 therein with an asking price in excess of $5,000.
(2) The notice of sale shall contain:
(a) A description of the property by street
			 address and/or by legal subdivision;
(b) The minimum price for which the property
			 will be sold;
(c) A brief statement
			 of the terms of the sale; and
(d) A
			 source to contact for information about the property.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0100 - Property Sales to Political Subdivisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Political subdivisions, as defined in ORS
			 271.005, and non-profit housing
			 providers/housing authorities, shall be afforded the first opportunity, after
			 other state agencies, to purchase surplus real property.
(2) The Department may require at the time of
			 sale or transfer of real property to a political subdivision that the property
			 shall be for use of a public purpose or benefit, and not be for resale to a
			 private purchaser.
Stat. Auth: ORS Ch. 184, 271 & 366
Stats. Implemented: ORS 270
				  .100
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0110 - Exception to Appraisal Requirements and Publication of Notice of Sale

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The
			 purpose of this rule is to establish criteria and procedures to exempt surplus
			 real properties from the usual appraisal and public notice requirements prior
			 to disposal, as allowed by ORS
			 184.634.
(2) Definitions. The following definitions
			 apply to this rule:
(a) "Minimal value" means
			 a value of $20,000 or less.
(b)
			 "Formal appraisal" means the appraisal process described in OAR
			 734-035-0080.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0120 - Determination of Most Advantageous Bid

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The decision of the Department on the
			 question of the most advantageous bid shall be final and conclusive.
(2) The Department shall reserve the right to
			 accept or reject any bid.
Stat. Auth.: ORS 184 & ORS 366
Stats. Implemented: ORS 270
				  .135
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0130 - Procedure If No Satisfactory Bid Received

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At any time during a period of one year
			 after the auction date from which no satisfactory bid was received, the
			 Department may sell the property at a private negotiated sale.
(2) In negotiating a private sale pursuant to
			 section (1) of this rule, the Department shall consider the economic benefit to
			 the Department and the preservation of the Highway Trust Fund.
Stat. Auth.: ORS 184 & ORS 366
Stats. Implemented: ORS 270
				  .140
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0150 - Notification of Hazardous Tree Removal from Private Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 366.365, when the Department
			 determines that any tree located on private property creates an immediate and
			 substantial risk of damage or injury by obstructing, hanging over or otherwise
			 encroaching or threatening to encroach in any manner on a state highway, and
			 the property owner isn't readily available, it may go upon such property to cut
			 down or remove such tree.
(2) For
			 the purposes of this rule, a tree creates an immediate and substantial risk of
			 damage or injury when it is determined by the District Manager, or designee,
			 that such tree interferes with the safe, unrestricted movement of traffic; is
			 encroaching on the state highway; or is in a condition that creates a
			 reasonable likelihood it will, in the foreseeable future, encroach on the state
			 highway to a degree that traffic should be restricted or prohibited from using
			 the highway.
(3) The Department,
			 when cutting down or removing any tree from private property, will take
			 measures reasonable under the circumstances to protect the property upon which
			 such tree is located and the value of the cut or removed tree.
(4) After cutting down or removing any tree
			 as described in this rule, the Department will notify the owner of the private
			 property by sending written notice by certified mail to the property owner
			 listed in the county tax records.
(5) The written notice will include:
(a) A general description of the location of
			 the private property and the date any tree was cut down or removed from the
			 private property; and
(b)
			 Information concerning the location of the tree or how such location can be
			 obtained.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 35 - RIGHT OF WAY AND REAL PROPERTY › Section 734-035-0200 - Designation and Posting of Real Property as Closed to Public Entry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this rule is to identify the circumstances under which the Department of
			 Transportation will designate and post real property owned or controlled by the
			 department as closed to public entry for purposes other than those authorized
			 by statute, rule or express permission of the department. This rule does not
			 restrict the use of the highway for transportation purposes or access onto the
			 highway allowed under Oregon Administrative Rule Chapter 734, Division 51.
(a) The department manager responsible for
			 the real property may designate real property as closed to public entry for the
			 following purposes:
(A) To ensure the safe
			 construction, maintenance, operation and use of transportation facilities;
(B) To ensure the health and
			 safety of department employees, contractors, or the general public;
(C) To prevent damage or loss to department
			 property;
(D) To prevent damage to
			 natural resources, including but not limited to soil, water, wetlands, and
			 other environmentally-sensitive lands;
(E) To prevent damage, vandalism, theft or
			 other loss of cultural or archeological resources.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 40 - JUNKYARDS AND AUTO WRECKING YARDS › Section 734-040-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Definitions used in these rules and regulations shall
				be:
(1) "Commission" means the Oregon
			 Transportation Commission.
(2)
			 "Director" means the Director of the Department of Transportation or his duly
			 authorized representative.
(3)
			 "Federal-Aid Primary System" means the system of state highways described in
Section 103(b), Title 23, United States Code
, as selected and
			 designated by the Commission.
(4)
			 "Interstate System" means every state highway that is part of the National
			 System of Interstate and Defense Highways established by the Commission in
			 compliance with
Section 103(d), Title 23, United States
			 Code
.
(5) "Junk" means all
			 the materials described in section (6) of this rule.
(6) "Junkyard" means any establishment or
			 place of business that is maintained, operated or used for storing, keeping,
			 buying or selling old or scrap copper, brass, rope, rags, batteries, paper,
			 trash, rubber, debris, waste or junked, dismantled, wrecked, scrapped or ruined
			 motor vehicles, or motor vehicle parts, iron, steel or other old scrap, ferrous
			 or nonferrous material, metal or nonmetal materials, and the term includes
			 automobile graveyards, garbage dumps and scrap metal processing
			 facilities.
(7) "Maintain" means to
			 allow to exist.
(8) "Main Traveled
			 Way" means the through traffic lanes, exclusive of frontage roads, auxiliary
			 lanes and ramps.
(9) "State
			 Highway" or "State Highway System" means the entire width between the boundary
			 lines of every road or highway designated as a "state highway" by law or by the
			 Oregon Transportation Commission pursuant to law and includes both primary and
			 secondary state highways including but not limited to the Interstate System and
			 the federal-aid primary system.
(10) "Visible" means capable of being seen
			 without visual aid by a person of normal visual acuity.
(11) "Zoned Industrial Area" is an area
			 adjacent to a state highway or public highway which is zoned industrial under
			 authority of state law.
(12)
			 "Scenic Highway" is any state highway or segment of state highway adjacent to a
			 scenic area established by the Scenic Area Board under the provisions of ORS
			 377.530.
(13) "Existing Junkyard" is any junkyard in
			 existence prior to June 30, 1967.
(14) "New Junkyard" is any junkyard which
			 came into existence after June 30, 1967.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS 377
Stats. Implemented: ORS
				  377.605 - ORS
				  377.655
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 40 - JUNKYARDS AND AUTO WRECKING YARDS › Section 734-040-0010 - New Junkyards

Current through Register Vol. 63, No. 7, July 1, 2024
No new junkyard shall be established which is visible from the
				main traveled way of a scenic highway or which is located within 1,100 feet of
				the nearest edge of the right of way of any other state highway unless:
(1) The junkyard is hidden or adequately
			 screened by the terrain or other natural objects, or by plantings, fences, or
			 other appropriate means so as not to be visible from the main traveled way of
			 the state highway.
(2) The junkyard
			 is located in a zoned industrial area.
Stat. Auth.: ORS 377
Stats. Implemented: ORS
				  377.620 & ORS
				  377.510
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 40 - JUNKYARDS AND AUTO WRECKING YARDS › Section 734-040-0015 - Existing Junkyards

Current through Register Vol. 63, No. 7, July 1, 2024
No existing junkyard may be maintained within 1,000 feet of the
				nearest edge of the right of way of any state highway except:
(1) Junkyards that are hidden or adequately
			 screened by the terrain or other natural objects, or by plantings, fences, or
			 other appropriate means so as not to be visible from the main traveled way of
			 the state highway.
(2) Junkyards
			 located in a zoned industrial area.
Stat. Auth.: ORS 377
Stats. Implemented: ORS
				  377.620
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 40 - JUNKYARDS AND AUTO WRECKING YARDS › Section 734-040-0020 - Screening Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
Screening by means of plantings, fences, or other appropriate
				means shall be in accordance with a design approved by the Engineer:
(1) For New Junkyards:
(a) Shall be located off the state highway
			 right of way;
(b) Shall be
			 constructed and maintained by the person owning or operating the junkyard in
			 accordance with a design approved by the Engineer.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 40 - JUNKYARDS AND AUTO WRECKING YARDS › Section 734-040-0025 - State Highways Designated After June 30, 1967

Current through Register Vol. 63, No. 7, July 1, 2024
These same rules and regulations will apply to junkyards
				located within restricted areas adjacent to state highways designated after
				June 30, 1967, as for those in existence prior to June 30, 1967; however, the
				definitive date differentiating between new and existing junkyards shall be the
				date the state highway was designated in place of June 30,
				1967.
Stat. Auth.: ORS 377
Stats. Implemented: ORS
				  377.620
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 40 - JUNKYARDS AND AUTO WRECKING YARDS › Section 734-040-0030 - Fencing and Screening Auto Wrecking Yards Not in a Building

Current through Register Vol. 63, No. 7, July 1, 2024
All auto wrecking yards in Oregon are to be screened by natural
				objects, plantings, fences or other appropriate means so as not to be visible
				from the main traveled way of a state highway or an arterial highway:
(1) Definitions:
(a) "Arterial Highway": A county road or a
			 city street designated as a through street by a city or a county.
(b) "Visible": Capable of being seen without
			 visual aid by a person of normal visual acuity from a point 4.5 feet above the
			 pavement of the main traveled way.
(c) "See Through": Refers to the open space
			 between the pickets, boards, slats, mesh or natural plantings.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 50 - WEIGHT RESTRICTIONS FOR HIGHWAYS AND LAND USE PERMITS › Section 734-050-0090 - Procedure for Designating Highway Weight Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director may designate any highway or
			 section of highway (including bridges and other structures) which should be
			 subject to weight restrictions. The Director may impose such weight
			 restrictions considered proper subject to the following conditions:
(a) An inspection has indicated that a
			 condition exists which requires action to prevent or reduce damage to the
			 highway or section thereof or which may jeopardize the safety of motorists on
			 the highway or section thereof;
(b)
			 An engineering evaluation has been performed and the safe load carrying
			 capacity of the highway or section thereof has been determined; and
(c) Maximum allowable weights consistent with
			 the finding of the engineering evaluation have been established for vehicles or
			 combinations of vehicles traveling upon the highway or section
			 thereof.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 51 - HIGHWAY APPROACHES, ACCESS CONTROL, SPACING STANDARDS AND MEDIANS › Section 734-051-1010 - Authority for Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Division 51 rules are adopted under the director's authority
				contained in ORS 374.310(1).
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  374.310-374.314,
				  374.345,
				  374.355
Stats. Implemented: ORS
				  374.300 to
				  374.360, §27, ch. 330, OL
				  2011