Chapter 974 Oregon Laws 1999
Session Law
AN ACT
SB 773
Relating to permits for
access to highways; creating new provisions; and amending ORS 374.310.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 1999 Act is added to and
made a part of ORS 374.305 to 374.330.
SECTION 2. (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 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.
(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.
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.
(3) The powers granted by this section and ORS 374.315 shall
not be exercised so as to deny any property adjoining the road or highway
reasonable access. In determining what
is reasonable, the department shall consider the authorized uses for the
property identified in the acknowledged local comprehensive plan.
Approved by the Governor
August 17, 1999
Filed in the office of
Secretary of State August 18, 1999
Effective date October 23,
1999
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