75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session
Enrolled
Senate Bill 1024
Sponsored by Senator JOHNSON (Presession filed.)
CHAPTER ................
AN ACT
Relating to highway access; creating new provisions; amending ORS
374.310; and declaring an emergency.
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 may not issue a 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 1024 (SB 1024-A) Page 1
(3) The powers granted by this section and ORS 374.315 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
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.
{ + (4)(a) As used in this subsection:
(A) 'Peak hour' means the hour during which the highest volume
of traffic enters and exits the property during a typical week.
(B) 'Private approach' means an approach that serves one or
more properties and that is not a public approach as defined in
this subsection.
(C) 'Public approach' means an existing or planned city street
or county road connection that provides vehicular access to and
from a highway.
(D) 'Trip' means a one-way vehicular movement that consists of
a motor vehicle entering or exiting a property.
(b) An approach permit is not required for a public approach.
(c) A new approach permit for a change of use of an approach is
required for a private approach if:
(A)(i) The number of peak hour trips increases by 50 trips or
more from that of the property's prior use; or
(ii) The number of trips on a typical day increases by 500
trips or more from that of the property's prior use; and
(B) The increase in subparagraph (A)(i) or (ii) of this
paragraph represents a 20 percent or greater increase in the
number of trips on a typical day and the number of peak hour
trips from that of the property's prior use.
(d) A new approach permit for a change of use of an approach is
required for a private approach if the daily use of a private
approach increases by 10 or more vehicles with a gross vehicle
weight rating of 26,000 pounds or greater.
(5) The department shall establish access management rules,
mitigation measures and spacing and mobility standards that are
less stringent for highway segments where the annual average
amount of daily traffic is 5,000 motor vehicles or fewer, than
for highway segments where the annual average amount of daily
traffic is greater than 5,000 motor vehicles. + }
{ - (4) - } { + (6) + } The department may not charge any
fee for issuance of a permit under this section for construction
of an approach road.
SECTION 2. { + (1) The Department of Transportation, in
cooperation with stakeholders, shall develop proposed legislation
to codify, clarify and bring consistency to issuance of access
permits based on objective standards.
(2) The department shall provide a report to the Legislative
Assembly prior to January 2011. The report must include a
description of the proposed legislation developed under
subsection (1) of this section. + }
SECTION 3. { + The amendments to ORS 374.310 by section 1 of
this 2010 Act apply to existing approaches and to approaches
permitted on or after the effective date of this 2010 Act. + }
SECTION 4. { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
Enrolled Senate Bill 1024 (SB 1024-A) Page 2
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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Passed by Senate February 15, 2010
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House February 22, 2010
...........................................................
Speaker of House
Enrolled Senate Bill 1024 (SB 1024-A) Page 3
Received by Governor:
......M.,............., 2010
Approved:
......M.,............., 2010
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2010
...........................................................
Secretary of State
Enrolled Senate Bill 1024 (SB 1024-A) Page 4