72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 765
Sponsored by Senator B STARR
CHAPTER ................
AN ACT
Relating to access to highways; amending ORS 374.310 and 374.312;
and repealing section 5, chapter 972, Oregon Laws 1999.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 374.310 is amended to read:
374.310. (1) The Department of Transportation with respect to
state highways and the county court or board of county
commissioners with respect to county roads shall adopt reasonable
rules and regulations and may issue permits, not inconsistent
with law, for the use of the rights of way of such highways and
roads for the purposes described in ORS 374.305. However, the
department shall issue no permit for the construction of any
approach road at a location where no rights of access exist
between the highway and abutting real property.
(2) Such rules and regulations and such permits shall include
such provisions, terms and conditions as in the judgment of the
granting authority may be in the best interest of the public for
the protection of the highway or road and the traveling public
and may include, but need not be limited to:
(a) Provisions for construction of culverts under approaches,
requirements as to depth of fills over culverts and requirements
for drainage facilities, curbs, islands and other facilities for
traffic channelization as may be deemed necessary.
(b) With respect to private road crossings, additional
provisions for the angle of intersection, crossing at grade or
other than grade, sight distances, safety measures including
flaggers, crossing signs and signals, reinforcement for
protection of the highway, maintenance of the crossing and for
payment by the applicant of the costs of any of the foregoing.
(c) With respect to private road crossings, the granting
authority may also require the applicant to furnish public
liability and property damage insurance in a sum fixed by the
granting authority, which insurance shall also indemnify the
members, officers, employees and agents of such authority from
any claim that might arise on account of the granting of the
permit and the crossing of the highway or road by vehicles
operating under the permit; and the granting authority may also
require the applicant to furnish indemnity insurance, an
indemnity bond or an irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 in a sum fixed by
the granting authority, indemnifying such authority for any
damage to the highways or roads that may be caused by the use of
the crossing.
Enrolled Senate Bill 765 (SB 765-A) Page 1
(3) The powers granted by this section and ORS 374.315
{ - shall - } { + may + } not be exercised so as to deny any
property adjoining the road or highway reasonable access. In
determining what is reasonable, the department { + or county
court or board of county commissioners + } shall { - consider
the authorized uses for the property identified in the
acknowledged local comprehensive plan. - } { + apply the
following criteria:
(a) The access must be sufficient to allow the authorized uses
for the property identified in the acknowledged local
comprehensive plan.
(b) The type, number, size and location of approaches must be
adequate to serve the volume and type of traffic reasonably
anticipated to enter and exit the property, based on the planned
uses for the property. + }
SECTION 2. ORS 374.312 is amended to read:
374.312. (1) The Department of Transportation shall adopt rules
governing the process of application for and issuance of permits
for approach roads to highways by owners of property abutting the
highways. Rules adopted by the department shall include, but need
not be limited to:
(a) The time within which a final decision, including
resolution of all internal appeals, to grant or deny a permit
must be made. The time may not be longer than 120 days unless the
applicant and the department agree to an extension.
(b) Standards that will be used in making decisions as to
whether to grant or deny a permit. Standards applicable to
approach roads shall be based on a policy of using local road
systems and state highways in a manner consistent with the local
transportation system plan and the land uses permitted in the
local comprehensive plan acknowledged under ORS chapter 197. In
addition, the standards shall require consideration of safety and
highway functionality.
(c) Criteria for determining what constitutes reasonable access
{ - for the purpose of - } { + as specified in + } ORS 374.310
(3).
(d) Procedures governing an appeal of denial of a permit,
including but not necessarily limited to notice, guarantee of an
impartial tribunal, burden of proof and admission and weight of
evidence.
(e) A rule that an engineer with relevant experience will
review and respond to evidence from a qualified expert that is
submitted by an applicant.
(2) A permit decision for an approach road must be made on the
basis of standards and criteria in effect on the date that the
application was filed.
(3) A permit decision for an approach road must be made on the
record. The department shall adopt rules specifying the form of
the record.
(4) The department and a local government may enter into an
intergovernmental agreement setting provisions for and allowing
the local government to issue access permits for regional and
district state highways. The agreement must provide that permits
issued by local governments will be consistent with the highway
plan and administrative rules adopted by the department, with
state statutes and with the local transportation system plan
acknowledged under ORS chapter 197. The department shall adopt
rules specifying the circumstances under which authority will be
delegated to a local government.
Enrolled Senate Bill 765 (SB 765-A) Page 2
(5) The department shall develop a program that allows a person
that might be affected by the issuance of the permit, but that is
not the owner of the property subject to the permit, to express
concerns to the department prior to the issuance of the permit.
For purposes of this subsection, persons that might be affected
by the issuance of the permit are the city or county in which the
road is located and any person that owns property adjacent to the
proposed access. Nothing in this subsection gives a city, county
or other person that might be affected standing to appeal any
decision of the department regarding granting of the permit.
SECTION 3. { + Section 5, chapter 972, Oregon Laws 1999, is
repealed. + }
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Passed by Senate May 8, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 28, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 765 (SB 765-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 765 (SB 765-A) Page 4