TITLE 31
HIGHWAYS,
ROADS, BRIDGES AND FERRIES
Chapter 366. State Highways and State Highway Fund
367. Transportation Financing; Projects
368. County Roads
369. Ways of Public Easement
370. County Road Bonding Act
371. Road Districts and Road Assessment Plans
372. Highway Lighting Districts
373. Roads and Highways Through Cities
374. Control of Access to Public Highways
376. Ways of Necessity; Special Ways; Pedestrian
Malls
377. Highway Beautification; Motorist
Information Signs
381. Interstate Bridges
382. Intrastate Bridges
383. Tollways
384. Ferries
390. State and Local Parks; Recreation Programs;
Scenic Waterways; Recreation Trails
391. Mass Transportation _______________
Chapter 366 — State
Highways and State Highway Fund
2011 EDITION
STATE HIGHWAYS AND STATE HIGHWAY FUND
HIGHWAYS, ROADS, BRIDGES AND FERRIES
GENERAL PROVISIONS
366.005 Definitions
366.010 “County
court” and “road” or “highway” defined
366.015 “Hard
surfaced highways” defined
366.112 Bicycle
lane and path advisory committee; members, terms, duties and powers; meetings
366.150 Bond
of director
366.155 Duties
and powers of department regarding highways; assistance to counties and State
Parks and Recreation Department
366.157 Program
for prevention and cleanup of litter and vandalism
366.158 Adopt-a-Highway
Program; rules
366.159 Vegetation
control permit; fee
366.165 Revolving
fund
POWERS AND DUTIES OF OREGON
TRANSPORTATION COMMISSION
366.205 Power
and authority of commission over highways; rules
366.210 Limit
on administration and engineering expenditure
FREIGHT ADVISORY COMMITTEE
366.212 Freight
Advisory Committee
STATE HIGHWAYS
366.215 Creation
of state highways; reduction in vehicle-carrying capacity
366.220 Creation
of state highway system
366.285 Location
of highways when in doubt; procedure
366.290 Adding
to or removing roads from state highway system; responsibility for construction
and maintenance
366.292 Consideration
of tolling prior to doing modernization project
366.295 Relocation
of highways
366.297 Environmental
performance standards; rules
366.300 Treatment
of sections eliminated when highway relocated
366.305 Materials,
supplies and equipment
366.310 Buildings
and structures
366.315 Widths
of rights of way
366.317 Removal
of trees and shrubs; notice; application
366.320 Acquisition
of rights of way and right of access
366.321 Expense
of relocating municipal facilities payable by department; exceptions
366.323 Studies
to aid in relocating persons displaced by highway acquisition
366.324 Financial
assistance to persons displaced by highway acquisition; rules
366.325 Rights
of way through cemeteries
366.330 Acquisition
of land adjoining right of way
366.332 Definitions
for ORS 366.332 and 366.333
366.333 Acquisition
of utility real property; exchange of land for right of way
366.335 Acquisition
of railroad right of way; exchange of land therefor
366.337 Exchange
of certain parcels of land authorized
366.340 Acquisition
of real property generally
366.360 Taking
fee simple title
366.365 Going
upon private property; rules
366.395 Disposition
or leasing of property; sale of forest products
366.400 Execution
of contracts
366.425 Deposit
of moneys for highway work
366.435 Auditing
and allowing claims
366.440 Payment
of employees
366.445 Repair
of damaged highways
366.450 Road
signs
366.455 Removing
unlawful signs and structures
366.460 Construction
of sidewalks within highway right of way
366.462 Construction
of fences on freeway overpasses
366.465 Gates
and stock guards
366.470 Agreements
with railroad companies for snow removal
366.480 Destruction
of vouchers
ROADSIDE REST AREAS
366.486 Construction
of roadside rest area facilities for persons with disabilities
366.487 Use
of roadside rest area rest rooms by persons with disabilities
366.490 Coffee
and cookies at roadside rest areas; rules
366.493 Rules
regarding health and safety
STATE HIGHWAY FUND
366.505 Composition
and use of highway fund
366.506 Highway
cost allocation study; purposes; design; report; use of report by Legislative
Assembly
366.507 Modernization
program; funding; conditions and criteria
366.508 Legislative
findings
366.510 Turning
over highway funds to State Treasurer
366.512 Collection
of certain registration fees for State Parks and Recreation Department Fund
366.514 Use
of highway fund for footpaths and bicycle trails
366.516 Incurring
obligations payable from anticipated revenues
366.517 Department
may determine certain accounting procedures
366.518 Expenditures
from highway fund to be reported, budgeted and limited to amounts budgeted
366.520 Expenses
in legalizing state highways
366.522 Appropriations
from highway fund for legislative interim committees
366.523 Transportation
Project Account
HISTORIC COLUMBIA RIVER HIGHWAY
366.550 “Historic
Columbia River Highway” defined
366.551 Policy
366.552 Historic
road program for Historic Columbia River Highway; footpaths and bicycle trails;
acquisition of property; cooperation with other agencies
366.553 Advisory
committee; members; duties; meetings
INTERGOVERNMENTAL HIGHWAY COOPERATION
366.556 Acceptance
of provisions of Acts of Congress
366.558 Contracting
with and submitting programs to federal government
366.560 Pledge
of state to match federal funds
366.562 Use
of highway fund to match federal moneys
366.564 Borrowing
to match federal moneys
366.566 Meeting
requirements of federal aid statutes
366.568 Using
highway funds to comply with federal aid statutes
366.570 Payments
under cooperative agreement with federal government
366.572 State
highway agreements with local governments
366.574 Intergovernmental
road maintenance agreement
366.576 Road,
highway or street agreements with local governments
366.578 Farm-to-market
roads
ALLOCATIONS TO COUNTIES AND CITIES
(Generally)
366.739 Allocation
of moneys to counties and cities generally
366.742 Repayment
of specified bonds; allocation of moneys not needed for repayment
366.744 Allocation
of moneys from specified increases in title and registration fees and in truck
taxes and fees; restrictions on expenditure by Multnomah County
366.747 Allocation
of moneys from specified increases in fees
366.749 Allocation
of moneys resulting from increase in numbers of vehicle registrations, titles
and trip permits due to specified actions by vehicle dealers and persons
engaged in towing
366.752 Allocation
of moneys from specified increases in fees
(Counties)
366.762 Appropriation
from highway fund for counties
366.764 Basis
of allocation of appropriation to counties
366.766 Remitting
appropriation to counties
366.768 Advances
from highway fund to county
366.772 Allocation
of moneys to counties with road funding deficit
366.774 Authorized
use of allocation to counties; report by counties to Legislative Assembly
(Cities)
366.785 Definitions
for ORS 366.785 to 366.820
366.790 Authorized
use of appropriation to cities; report by cities to Legislative Assembly
366.800 Appropriation
from highway fund for cities; amount and source
366.805 Allocation
of appropriation to cities
366.810 Payment
of appropriation to cities
366.815 City
to establish state tax street fund; accumulations
366.820 Limit
to application of ORS 366.785 to 366.815
MISCELLANEOUS PROVISIONS
366.905 “Old
Oregon Trail” designation
366.906 Oregon
City designated end of Oregon Trail
366.907 Findings
and declarations concerning Highway 101
366.910 End
of Lewis and Clark Trail
366.915 Authorization
to remove Crooked River Highway from state highway system and establish new
route
366.917 World
War II Veterans Historic Highway designation
366.918 Police
Chief Ralph Painter Memorial Highway
366.919 Officer
Chris Kilcullen Memorial Highway
366.921 Wilbur
C. Moore Bridge
366.930 Roadside
memorial signs; fees; rules
366.932 Roadside
Memorial Fund
366.991 Penalty
for violation of rules adopted under ORS 366.493
GENERAL PROVISIONS
366.005 Definitions.
As used in this chapter and in ORS chapter 367, unless the context requires
otherwise:
(1)
“Chief engineer” or “engineer” means the person designated by the director
under ORS 184.628.
(2)
“Commission” means the Oregon Transportation Commission.
(3)
“Department” means the Department of Transportation.
(4)
“Director” means the Director of Transportation.
(5)
“Federal funds” means any funds provided by the United States for cooperative
road work with states, counties, cities or other municipal subdivisions of the
state under Acts of Congress enacted for those purposes.
(6)
“Highway” means every public way, road, street, thoroughfare and place,
including bridges, viaducts and other structures within the boundaries of this
state, open, used or intended for use of the general public for vehicles or
vehicular traffic as a matter of right.
(7)
“Highway fund” means the State Highway Fund.
(8)
“State highway” means any road or highway designated as such by law or by the
Oregon Transportation Commission pursuant to law and includes both primary and
secondary state highways.
(9)
“This Act” means this chapter and ORS 105.760, 373.010, 373.015, 373.020 and
373.030. [Amended by 1969 c.599 §16; 1973 c.249 §28; 1979 c.186 §8; 1989 c.904 §34;
1993 c.741 §34; 2003 c.618 §44]
366.010 “County court” and “road” or “highway”
defined. As used in this Act:
(1)
“County court” includes all county officers or boards charged by law with the
duty of building, constructing, repairing, altering or maintaining roads or
bridges, or both.
(2)
“Road” or “highway” includes necessary bridges and culverts, and city streets,
subject to such restrictions and limitations as are provided.
366.015 “Hard surfaced highways” defined.
As used in all highway Acts, “hard surfaced highways” means any state road or
highway constructed and surfaced or to be constructed and surfaced with such
materials or combinations of materials as to produce what is commonly known or
styled “pavement,” and not such construction or surfacing as is commonly known
as “macadam.”
366.105
[Amended by 1969 c.599 §17; 1971 c.598 §1; 1973 c.249 §29; 1979 c.186 §9;
repealed by 1993 c.741 §147]
366.110
[Amended by 1969 c.314 §29; repealed by 1973 c.249 §91]
366.112 Bicycle lane and path advisory
committee; members, terms, duties and powers; meetings.
(1) There is created in the Department of Transportation an advisory committee
to be appointed by the Governor to advise the department regarding the
regulation of bicycle traffic and the establishment of bicycle lanes and paths.
The committee shall consist of eight members including an employee of a unit of
local government employed in land use planning, a representative of a recognized
environmental group, a person engaged in the business of selling or repairing
bicycles, a member designated by the Oregon Recreation Trails Advisory Council,
and at least one member under the age of 21 at the time of appointment. Members
of the advisory committee shall be entitled to compensation and expenses as
provided by ORS 292.495.
(2)
The members shall be appointed to serve for terms of four years each. A vacancy
on the committee shall be filled by appointment by the Governor for the
unexpired term.
(3)
The committee shall meet regularly four times a year, at times and places fixed
by the chairperson of the committee. The committee may meet at other times upon
notice by the chairperson or three members of the committee. The department
shall provide office space and personnel to assist the committee as requested
by the chairperson, within the limits of available funds. The committee shall
adopt rules to govern its proceedings and may select officers it considers
necessary. [1973 c.716 §1; 1993 c.741 §35]
Note:
366.112 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 366 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
366.115
[Repealed by 1973 c.249 §91]
366.120
[Repealed by 1973 c.249 §91]
366.125
[Repealed by 1973 c.249 §91]
366.130
[Repealed by 1971 c.418 §23]
366.135
[Amended by 1953 c.129 §2; repealed by 1973 c.249 §91]
366.140
[Amended by 1953 c.129 §2; repealed by 1973 c.249 §91]
366.145
[Amended by 1971 c.598 §2; 1973 c.249 §30; 1979 c.186 §10; repealed by 1993
c.741 §147]
366.150 Bond of director.
The Director of Transportation shall furnish a fidelity bond executed by a
company duly licensed to transact the business of surety within this state, in
such penal sum, not less than $200,000, as the Oregon Transportation Commission
shall determine. The bond shall be conditioned for the faithful discharge by
the director of the duties of office, for the faithful performance by all
persons employed by the director of their duties and trusts therein and for the
transfer and delivery to the director’s successor in office, or to any other
person authorized by law to receive the same, of all moneys, books, papers,
records and other articles and effects belonging to the office. The premium for
the bond shall be paid out of highway funds. [Amended by 1971 c.598 §3; 1973
c.249 §31]
366.155 Duties and powers of department
regarding highways; assistance to counties and State Parks and Recreation
Department. (1) The Department of Transportation
shall, among other things:
(a)
So far as practicable, compile statistics relative to the public highways of
the state and collect all information in regard thereto which the Director of
Transportation may deem important or of value in connection with highway
location, construction, maintenance, improvement or operation.
(b)
Keep on file in the office of the department copies of all plans,
specifications and estimates prepared by the department.
(c)
Make all necessary surveys for the location or relocation of highways and cause
to be made and kept in the department a general highway plan of the state.
(d)
Collect and compile information and statistics relative to the mileage,
character and condition of highways and bridges in the different counties in
the state, both with respect to state and county highways.
(e)
Investigate and determine the methods of road construction best adapted in the
various counties or sections of the state, giving due regard to the topography,
natural character and availability of road-building materials and the cost of
building and maintaining roads under this Act.
(f)
Prepare surveys, plans, specifications and estimates for the construction,
reconstruction, improvement, maintenance and repair of any bridge, street, road
and highway. In advertising for bids on any such project the director shall
invite bids in conformity with such plans and specifications.
(g)
Keep an accurate and detailed account of all moneys expended in the location,
survey, construction, reconstruction, improvement, maintenance or operation of
highways, roads and streets, including costs for rights of way, under this Act,
and keep a record of the number of miles so located, constructed, maintained or
operated in each county, the date of construction, the width of such highways
and the cost per mile for the construction and maintenance of the highways.
(h)
Upon request of a county governing body, assist the county on matters relating
to road location, construction or maintenance. Plans and specifications for
bridges or culverts that are provided under this paragraph shall be provided
without cost to the 10 counties with the lowest dedicated county road funding,
as defined in ORS 366.772. Standard specifications for road projects shall be
provided without cost to all counties. The Department of Transportation shall
determine an amount to be charged for assistance under this paragraph in
establishing specifications and standards for roads under ORS 368.036. The
costs of assistance not specifically provided for under this paragraph shall be
paid as provided by agreement between the county governing body and the
director.
(i)
Upon request of the State Parks and Recreation Department, assist the State Parks
and Recreation Department in evaluating the potential need for construction,
reconstruction, improvement, maintenance or operation of highways, roads and
streets that would result if the State Parks and Recreation Commission acquired
and developed a new historic site, park or recreation area under the criteria
established pursuant to ORS 390.112 or any other criteria for acquisition
established by the State Parks and Recreation Commission.
(2)
The director may require duties with respect to audits and accounting
procedures provided for in this section and ORS 366.165 to be performed and
responsibilities to be assumed by the fiscal officer of the department
appointed under ORS 184.637.
(3)
In carrying out the duties set forth in this section, the director shall act in
a manner that is consistent with the goal set forth in ORS 468B.155. [Amended
by 1967 c.454 §33; 1971 c.598 §4; 1973 c.249 §32; 1981 c.153 §60; 1989 c.345 §6;
1989 c.833 §49; 1993 c.741 §36; 1995 c.79 §201; 1999 c.1038 §1; 2003 c.618 §22]
366.157 Program for prevention and cleanup
of litter and vandalism. The Department of Transportation
shall administer a program for the involvement of youth in the prevention and
cleanup of litter and vandalism. [Formerly 802.080; 2007 c.667 §5; 2009 c.463 §12]
366.158 Adopt-a-Highway Program; rules.
(1) As used in this section:
(a)
“Noxious weeds” means any weed the State Department of Agriculture designates
by rule as a noxious weed.
(b)
“Pesticide” has the meaning given that term in ORS 634.006.
(2)
The Department of Transportation shall administer a program aimed toward
beautifying and cleaning state roadsides. The program shall include public
informational activities, but shall be directed primarily toward encouraging
and facilitating involvement of volunteer groups in litter cleanup work and
removal of noxious weeds on a specific section of highway. The program shall be
called the Oregon Adopt-a-Highway Program. Moneys for the program shall be
provided from funds available to the department. The department may adopt any
rules it considers necessary for implementation of the Oregon Adopt-a-Highway
Program.
(3)
An agreement entered into between the department and a volunteer group pursuant
to subsection (2) of this section shall include but need not be limited to:
(a)
Identification of the designated section of highway. The volunteer group may
request a specific section of highway it wishes to adopt, but the assignment
shall be at the discretion of the department.
(b)
Specification of the duties of the volunteer group. The group shall choose one
or both of the following activities:
(A)
Removal of litter along the designated section of highway at least four times
each year.
(B)
Removal of noxious weeds, along the designated section of highway at least
twice each year, using a method other than pesticide and in accordance with
rules adopted by the State Department of Agriculture.
(c)
Specification of the responsibilities of the volunteer group. The group shall
agree to abide by all rules related to the program that are adopted by the
department.
(d)
Duration of the agreement. The volunteer group may contract to care for the
designated section of highway for one, two or three years.
(4)
A sign identifying the group and recognizing the group’s contribution shall be
placed by the department at each end of the section of highway adopted by the
group unless the department determines that doing so would be unsafe to persons
using the highway.
(5)
The department shall provide reflective vests, garbage bags and highway signs
for the participating volunteer groups. [1991 c.486 §2; 2009 c.547 §1]
366.159 Vegetation control permit; fee.
(1) The Department of Transportation may issue a vegetation control permit to a
person who holds a sign permit issued pursuant to ORS 377.700 to 377.840. A
vegetation control permit authorizes the holder of the permit to control
vegetation in the right of way of a state highway, in accordance with the
provisions of this section, in order to keep the sign visible to the traveling
public.
(2)
The department may not issue a vegetation control permit for a scenic area as
defined in ORS 377.505.
(3)
The department may not issue a vegetation control permit for the right of way
of a portion of state highway that is access controlled, or for which access
rights have not accrued to the abutting property unless:
(a)
Access to the right of way is from the abutting property; and
(b)
The access does not breach, violate, destroy or otherwise diminish the
effectiveness or purpose of fences or other physical barriers to the right of
way.
(4)
The department may charge a fee to the person issued a vegetation control
permit under this section. The amount of the fee shall be determined by the
department and shall be designed to recover the cost to the department of
issuing the permit. [2001 c.508 §7]
366.160
[Amended by 1967 c.454 §34; 1971 c.598 §5; 1973 c.249 §33; 1979 c.186 §11;
repealed by 1989 c.345 §7; 1991 c.486 §2]
366.165 Revolving fund.
(1) The revolving fund in the amount of $400,000 established by warrant drawn
on any fund belonging to the state highway funds in favor of the Director of
Transportation is continued.
(2)
The revolving fund shall be deposited with the State Treasurer. The fund shall
be at the disposal of the director. The director may designate persons
authorized to pay claims from the fund and shall specify the maximum amount of
money each designee may draw from the fund. The fund may be used:
(a)
To pay salaries, travel expenses, compensation or payments for real property
purchased or otherwise acquired, and emergency claims; or
(b)
To secure or take advantage of trade discounts and to pay for services,
materials and capital outlay.
(3)
All vouchers for claims paid from the fund shall be approved by the director and
audited by the fiscal officer of the Department of Transportation. When claims
are so approved and audited, warrants covering them shall be drawn in favor of
the director and shall be used by the director to reimburse the fund. [Amended
by 1957 c.9 §1; 1967 c.454 §35; 1969 c.87 §1; 1971 c.598 §6; 1973 c.249 §34;
1979 c.186 §12; 1987 c.265 §1; 1993 c.741 §37]
366.170
[Amended by 1973 c.249 §35; repealed by 1993 c.741 §147]
366.175
[Amended by 1959 c.611 §1; renumbered 390.120]
366.180
[Amended by 1959 c.611 §2; renumbered 390.130]
366.182 [1959
c.611 §§5,6; renumbered 390.140]
366.183 [1959
c.611 §7; renumbered 390.150]
366.185 [1957
c.635 §2; 1971 c.481 §11a; 1971 c.598 §7; 1973 c.249 §36; repealed by 1979
c.186 §30]
POWERS AND DUTIES OF OREGON TRANSPORTATION
COMMISSION
366.205 Power and authority of commission
over highways; rules. (1) The Oregon Transportation
Commission has general supervision and control over all matters pertaining to
the selection, establishment, location, construction, improvement, maintenance,
operation and administration of state highways, the letting of contracts
therefor, the selection of materials to be used therein and all other matters
and things considered necessary or proper by the commission for the accomplishment
of the purposes of this Act.
(2)
The commission has full power to carry out the provisions of and may make such
rules as it considers necessary for the accomplishment of the purposes of this
Act, as defined in ORS 366.005.
(3)
The Director of Transportation, as authorized by the commission, shall appoint
such officials and do any other act or thing necessary to fully meet the
requirements of ORS 366.510. [Amended by 1963 c.601 §1; 1965 c.368 §6; 1973
c.249 §37; 1975 c.436 §8; 1985 c.565 §64; 1989 c.904 §35; 1993 c.741 §38]
366.210 Limit on administration and
engineering expenditure. The total cost in any one year
for administration and engineering of highway construction shall not exceed 10
percent of the total funds available to the Department of Transportation during
that year for its highway activities. [Amended by 1973 c.249 §38; 1993 c.741 §39]
FREIGHT ADVISORY COMMITTEE
366.212 Freight Advisory Committee.
(1) There is created the Freight Advisory Committee to be appointed by the
Director of Transportation to advise the director and the Oregon Transportation
Commission regarding issues, policies and programs that impact multimodal
freight mobility in Oregon.
(2)
The director shall have discretion to determine the number of committee members
and the duration of membership. The committee membership shall include, but not
be limited to, representatives from the shipping and carrier industries, the
state, local governments and ports, including the Port of Portland.
(3)
The committee shall:
(a)
Elect a chairperson and a vice chairperson.
(b)
Meet at least four times a year.
(c)
Provide input on statewide and regional policies and actions that impact
freight mobility.
(d)
Provide input on the development of policy and planning documents that impact
freight mobility.
(e)
Advise the commission and regionally based advisory groups about the Statewide
Transportation Improvement Program and the program’s consideration and
inclusion of highest priority multimodal freight mobility projects in each Department
of Transportation region.
(4)
The committee may make recommendations for freight mobility projects to the
commission. In making the recommendations, the committee shall give priority to
multimodal projects.
(5)
The Department of Transportation shall provide policy and support staff to the
committee. The department shall also provide other personnel to assist the
committee as requested by the chairperson and within the limits of available
funds. [2001 c.240 §2; 2003 c.618 §46]
STATE HIGHWAYS
366.215 Creation of state highways;
reduction in vehicle-carrying capacity. (1) The
Oregon Transportation Commission may select, establish, adopt, lay out, locate,
alter, relocate, change and realign primary and secondary state highways.
(2)
Except as provided in subsection (3) of this section, the commission may not
permanently reduce the vehicle-carrying capacity of an identified freight route
when altering, relocating, changing or realigning a state highway unless safety
or access considerations require the reduction.
(3)
A local government, as defined in ORS 174.116, may apply to the commission for
an exemption from the prohibition in subsection (2) of this section. The
commission shall grant the exemption if it finds that the exemption is in the
best interest of the state and that freight movement is not unreasonably
impeded by the exemption. [Amended by 1977 c.312 §2; 2003 c.618 §38]
366.220 Creation of state highway system.
(1) The Oregon Transportation Commission may select, establish, designate, construct,
maintain, operate and improve or cause to be constructed, maintained, operated
and improved a system of state highways within the state, which highways shall
be designated by name and by the point of beginning and terminus thereof. The
system of state highways shall include such other highways as may from time to
time be selected and adopted by the commission pursuant to law and all highways
adopted and classified as secondary state highways which are subject to and
qualified for construction, improvement, betterment and maintenance as are
other state highways.
(2)
The commission may classify and reclassify the highways comprising the state
highway system as primary and secondary highways. Secondary highways may
consist of newly established highways, reclassified primary highways and county
roads selected pursuant to ORS 366.290. [Amended by 1953 c.252 §2; 1977 c.312 §3]
Note:
Sections 23 and 24, chapter 865, Oregon Laws 2009, provide:
Sec. 23. (1)
The Department of Transportation shall undertake a pilot project to contract
out all maintenance activities on a segment of the state highway that is at
least 10 miles in length and no longer than 30 miles in length.
(2)
No later than February 1, 2010, the department, through the Oregon Innovative
Partnerships Program, shall prepare plans and specifications to conduct the
procurement of contracts and begin procuring contracts.
(3)
No later than June 1, 2010, the department shall implement the contracts
procured under subsection (2) of this section.
(4)
The department is encouraged to research successful programs in other states to
determine best practices for carrying out the pilot project and replicate the
best practices as much as practicable.
(5)
The department shall continue the pilot project for at least six years from the
date the contracts are entered into.
(6)
The department shall submit, during each odd-numbered year regular session of
the Legislative Assembly, a biennial report summarizing the progress toward
achieving the goals of this section to the House and Senate committees related
to business and labor and to the appropriate subcommittee of the Joint
Committee on Ways and Means that considers the agency’s budget. [2009 c.865 §23;
2011 c.545 §68]
Sec. 24.
Section 23 of this 2009 Act is repealed on January 2, 2018. [2009 c.865 §24]
366.225
[Amended by 1953 c.252 §2; 1957 c.123 §1; repealed by 1977 c.312 §4]
366.226
[Amended by 1953 c.252 §2; 1957 c.123 §2; repealed by 1977 c.312 §4]
366.227
[Amended by 1953 c.252 §2; 1957 c.123 §3; repealed by 1977 c.312 §4]
366.228
[Amended by 1957 c.123 §4; repealed by 1977 c.312 §4]
366.229
[Repealed by 1977 c.312 §4]
366.230
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.231
[Repealed by 1977 c.312 §4]
366.232
[Amended by 1953 c.252 §2; 1957 c.123 §5; repealed by 1977 c.312 §4]
366.233
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.234
[Repealed by 1977 c.312 §4]
366.235
[Amended by 1957 c.123 §6; repealed by 1977 c.312 §4]
366.236
[Repealed by 1977 c.312 §4]
366.237
[Amended by 1955 c.6 §1; repealed by 1977 c.312 §4]
366.238
[Amended by 1953 c.252 §2; 1957 c.123 §7; 1959 c.202 §1; repealed by 1977 c.312
§4]
366.239
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.240
[Repealed by 1977 c.312 §4]
366.241
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.242
[Amended by 1953 c.252 §2; 1957 c.123 §8; repealed by 1977 c.312 §4]
366.243
[Repealed by 1977 c.312 §4]
366.244
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.245 [Repealed
by 1977 c.312 §4]
366.246
[Repealed by 1977 c.312 §4]
366.247
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.248
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.249
[Repealed by 1977 c.312 §4]
366.250
[Repealed by 1977 c.312 §4]
366.251
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.252
[Amended by 1957 c.123 §9; repealed by 1977 c.312 §4]
366.253
[Repealed by 1977 c.312 §4]
366.254
[Repealed by 1977 c.312 §4]
366.255
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.256
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.257
[Amended by 1953 c.252 §2; 1957 c.123 §10; repealed by 1977 c.312 §4]
366.258
[Repealed by 1977 c.312 §4]
366.259
[Repealed by 1977 c.312 §4]
366.260 [Amended
by 1953 c.252 §2; 1957 c.123 §11; repealed by 1977 c.312 §4]
366.261
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.262
[Repealed by 1977 c.312 §4]
366.263
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.264
[Repealed by 1977 c.312 §4]
366.265
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.266
[Repealed by 1977 c.312 §4]
366.267
[Repealed by 1977 c.312 §4]
366.268
[Repealed by 1977 c.312 §4]
366.269
[Repealed by 1977 c.312 §4]
366.270
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.271
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.272
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.273
[Amended by 1953 c.252 §2; 1957 c.123 §12; repealed by 1977 c.312 §4]
366.274
[Repealed by 1977 c.312 §4]
366.275
[Repealed by 1977 c.312 §4]
366.276
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.277
[Amended by 1953 c.252 §2; 1957 c.123 §13; repealed by 1977 c.312 §4]
366.278
[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4]
366.279 [1953
c.252 §3; repealed by 1977 c.312 §4]
366.280 [1953
c.252 §4; repealed by 1977 c.312 §4]
366.281 [1953
c.252 §5; repealed by 1957 c.123 §14]
366.282 [1953
c.252 §6; repealed by 1957 c.123 §14]
366.283 [1953
c.252 §7; repealed by 1957 c.123 §14]
366.284 [1953
c.252 §8; repealed by 1977 c.312 §4]
366.285 Location of highways when in
doubt; procedure. (1) The Department of
Transportation may locate, relocate, define, establish, reestablish and confirm
the extension, location and establishment of primary and secondary state
highways where:
(a)
By reason of loss or destruction of field notes of the original surveys made by
the county when such roads or highways were laid out and established by the
county, defective or incomplete surveys or records, or destroyed monuments or
marks, the exact original location and boundary cannot be found or ascertained.
(b)
For any reason the exact location and right of way lines are in doubt or are
challenged.
(2)
In exercising the authority under subsection (1) of this section the procedure
afforded the county with respect to public roads under ORS 368.201 to 368.221
may be followed by the department. [Amended by 1981 c.153 §61]
366.290 Adding to or removing roads from
state highway system; responsibility for construction and maintenance.
(1) The Department of Transportation may select, locate, establish, designate,
improve and maintain out of the highway fund a system of state highways, and
for that purpose may, by mutual agreement with several counties, select county
roads or public roads. By an appropriate order entered in its records the
department may designate and adopt such roads as state highways. Thereafter the
construction, improvement, maintenance and repair of such roads shall be under
the jurisdiction of the department.
(2)
In the selection of highways or roads to be included in the state highway
system the department shall give consideration to and shall select such county
roads or public roads as will contribute to and best promote the completion of
an adequate system of state highways.
(3)(a)
With the written agreement of the county in which a particular highway or part
thereof is located, the department may, when in its opinion the interests of
highway users will be best served, eliminate from the state highway system any
road, highway, road segment or highway segment. The road, highway or segment
becomes a county road or highway, and the construction, repair, maintenance or
improvement, and jurisdiction over the road or highway will be exclusively
under the county in which the road or highway is located.
(b)
In addition to the funds provided under ORS 366.762 to the county, the
department may annually provide funds out of the State Highway Fund to address
the additional costs to the county for the construction, repair, maintenance or
improvement of the road or highway over which the county accepts jurisdiction.
(c)
The agreement between the department and the county accepting jurisdiction must
contain provisions to ensure that freight movement on the highway will not be
restricted beyond the limits set in the agreement, unless the Oregon
Transportation Commission, in consultation with the freight industry and the
county, concludes that the restriction is necessary for the safety of the
highway users. Nothing in this section prevents a county from taking emergency
action to protect safety or place weight restrictions on a structure that is
failing or otherwise damaged.
(4)
The construction, maintenance and repair of state highways shall be carried on
at the sole expense of the state or at the expense of the state and the county
by mutual agreement between the department and the county in which any
particular state highway is located. [Amended by 1953 c.252 §2; 1979 c.223 §1;
2011 c.330 §24]
366.292 Consideration of tolling prior to
doing modernization project. Before
proceeding with a modernization project, or a series of modernization projects
on a single highway, that might result in a segment of highway to which tolling
could reasonably be applied, the Department of Transportation shall determine
what portion of the costs of construction and maintenance could be recovered
through tolls on users of the project. The toll potential of a modernization
project shall be considered among other factors in determining which
modernization projects should be included in the Statewide Transportation
Improvement Program, with those projects with the greater potential to be
self-funded through tolls ranking higher. A determination under this section
may be based on assumptions that a single toll would be imposed or on
assumptions that tolls would be imposed that vary depending on time of day or
any other condition the department deems relevant. [1999 c.1072 §2]
366.295 Relocation of highways.
The Oregon Transportation Commission may make such changes in the location of
highways designated and adopted by the commission, as in the judgment and
discretion of the commission will result in better alignment, more advantageous
and economical highway operation and maintenance, or as will contribute to and
afford a more serviceable system of state highways than is possible under the
present location. [Amended by 1977 c.312 §1]
366.297 Environmental performance
standards; rules. (1) As used in this section, “highway”
has the meaning given that term in ORS 801.305.
(2)
The Department of Transportation shall adopt rules, taking into consideration
the following:
(a)
Incorporating environmental performance standards into the design and construction
of all state highway construction projects, including local government highway
construction projects funded by the department.
(b)
Improving the environmental permitting process for state highway construction
projects in order to:
(A)
Reduce the time required to design projects and obtain environmental permits;
(B)
Reduce the cost and delay associated with redesigning projects to meet
environmental requirements;
(C)
Maintain a strong commitment to environmental stewardship; and
(D)
Reduce this state’s dependence on foreign oil. [2009 c.865 §18]
Note:
366.297 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 366 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
366.300 Treatment of sections eliminated
when highway relocated. (1) Whenever the Department of
Transportation relocates or realigns a state highway or a section thereof, and
by reason of such relocation or realignment there is eliminated from the
original route of the highway a section thereof, the eliminated section shall,
if needed for the service of persons living thereon or for a community served
thereby, be maintained by the department at state expense, or by the county or
by the state and the county on such terms and conditions as may be agreed upon.
(2)
If such eliminated sections of old right of way, or any part thereof, in the
judgment of the department, are needed or valuable for public road use, then
the department shall, by appropriate action, declare the purpose of the
department to preserve the same for public road use.
(3)
If the department determines under subsection (2) of this section that the
eliminated sections are merely parts of the old right of way which are no
longer needed or valuable for highway right of way purposes or any other public
road use, then if such eliminated sections are not owned by the department in
fee, the department shall abandon such eliminated sections and such sections
shall, except as otherwise provided in this section, revert to and title
thereto shall vest in the abutting owner or owners.
(4)
Nothing in this section shall impair vested rights of property owners under
existing deeds, easements or contracts whereby the state or any county acquired
such rights of way. This section shall not prevent the department from
contracting for the acquisition of easements or rights of way on such terms and
conditions as to abandonment and reverter as it may consider advisable under
the conditions then existing. [Amended by 1985 c.259 §1]
366.305 Materials, supplies and equipment.
The Department of Transportation may select the materials to be used in the
construction, maintenance and operation of state highways. It may purchase or
contract for, independent of any particular job, improvement or highway
project, whether done by contract, force account or otherwise, any material,
supplies or equipment deemed necessary for carrying out the provisions and
purposes of this Act in such amounts and manner and pursuant to such method as
in the judgment of the department will be for the best interests of the state.
366.310 Buildings and structures.
The Department of Transportation may construct, equip, furnish and maintain
office accommodations, shops, equipment sheds, storage plants and warehouses,
snow fences, patrolmen quarters or accommodations and any other building,
structure or thing deemed necessary for the efficient administration of the
duties of the department and which in the opinion of the department are
required for the proper and adequate accomplishment of the purposes of this
Act.
366.315 Widths of rights of way.
The Department of Transportation may determine the widths of rights of way for
all state highways.
366.317 Removal of trees and shrubs;
notice; application. When the construction, expansion
or improvement of a state highway as defined in ORS 366.005 would otherwise
clearly and certainly cause the destruction of trees and shrubs which in the
judgment of the engineer or the designee of the engineer may be removed in
safety, the Department of Transportation shall:
(1)
Prior to their destruction, cause notice to be placed in a newspaper of general
distribution in the locality in which these trees and shrubs are located that
these trees and shrubs may be destroyed, and that application may be made to
the department at a specific time and place to remove these trees and shrubs
for transplanting; and
(2)
Permit the removal of these trees and shrubs by those making application to do
so. [1975 c.414 §1]
366.320 Acquisition of rights of way and
right of access. (1) The Department of
Transportation may acquire rights of way deemed necessary for all primary and
secondary state highways, both within and without the corporate limits of cities
and towns, except that such rights of way within the corporate limits of cities
and towns may be acquired at the sole expense of the state, at the expense of
the city or town or at the expense of the city or town and the state, as may be
mutually agreed upon.
(2)
The department may acquire by purchase, agreement, donation or by the exercise
of the power of eminent domain, real property or any right or interest therein
deemed necessary for rights of way, either for original location or for
widening, straightening or otherwise changing any highway, road or street. The
department may, when acquiring real property for right of way, acquire all
right of access from abutting property to the highway to be constructed,
relocated or widened.
(3)
All rights of way owned or held by the several counties over and along any
roads adopted as state highways are vested in the state, by and through the
department. This subsection does not apply to any rights of way owned by any
city for city streets. [Amended by 1953 c.252 §2]
366.321 Expense of relocating municipal
facilities payable by department; exceptions. (1)
When location, construction, relocation, reconstruction, maintenance or repair
of a state highway requires relocation of any facilities placed or maintained in
or on a public right of way by any municipal corporation, or a district or
authority established under ORS chapter 264, 450, 451, 523 or 545, the
Department of Transportation shall pay the municipal corporation, district or
authority whose facilities are so required to be relocated the reasonable
expenses of relocation, less any benefits and salvage of the relocation.
(2)
Subsection (1) of this section shall not apply to:
(a)
Facilities located in or on the right of way of a state highway under permits issued
by the department upon the condition that the permittee would bear the cost of
any relocation; or
(b)
Facilities located in or on the right of way of a state highway where the
municipal corporation, district or authority established under ORS chapter 264,
450, 451 or 545, has placed such facilities in or on the right of way of the
state highway without a permit from the Oregon Transportation Commission or has
refused to execute a permit as required by law or commission regulations.
However, this paragraph shall not apply where such municipal corporation,
district or authority has located facilities in or on the right of way of a
city street or county road with the permission of the governing body of such
city or county before such city street or county road was selected and
designated a state highway by the Department of Transportation pursuant to ORS
366.290 or 373.010. [1967 c.272 §1; 1975 c.587 §1; 1975 c.782 §51a]
366.323 Studies to aid in relocating
persons displaced by highway acquisition. When
plans of the Department of Transportation projected for one year involve
acquisition of properties in any city which will require removal of 25 or more
dwelling units, businesses or institutions, the Department of Transportation
shall make a study of the persons residing on or maintaining businesses or
institutions on property scheduled for highway acquisition. Such studies shall
be kept current until the premises required for highway acquisition are
vacated. The department shall obtain such other information as it finds
appropriate to aid in the relocation of persons displaced by the highway
acquisition, and may extend its studies beyond city boundaries when the highway
acquisition will involve dwellings, businesses or institutions within three
miles of a city boundary. Such information shall be made available to the
persons displaced and to other persons who may provide or assist in providing
new locations. This section shall apply whether the highway acquisitions will
be paid for in whole or in part from state funds either directly or by
reimbursement. The Department of Transportation may contract with any
governmental subdivision or agency, or with private concerns to make and
maintain such studies, or may employ necessary assistants therefor. [1959 c.648
§1; 1963 c.187 §1]
366.324 Financial assistance to persons
displaced by highway acquisition; rules. (1) When
federal funds are available for payment of direct financial assistance to
persons displaced by highway acquisition, the Department of Transportation may
match such federal funds to the extent provided by federal law and to provide
such direct financial assistance in the instances and on the conditions set
forth by federal law and regulations.
(2)
When federal funds are not available or used for payment of direct financial
assistance to persons displaced by department acquisition of property, the
department may provide direct financial assistance to such persons. Financial
assistance authorized by this subsection shall not exceed the total amount that
would have been payable under subsection (1) of this section if federal funds
had been available or used. The department may adopt rules and regulations to
carry out the provisions of this subsection. [1959 c.648 §2; 1963 c.187 §2;
1965 c.222 §1]
366.325 Rights of way through cemeteries.
The Department of Transportation may acquire by purchase, agreement, donation
or by exercise of the power of eminent domain, real property for right of way
through a cemetery, except that the department has no authority to acquire any
such real property by exercise of the power of eminent domain if within the
area sought to be taken there are graves which would be disturbed by the
location and construction of a highway. The department may acquire by purchase,
agreement, donation or exercise of the power of eminent domain, real property
contiguous to the cemetery, and may convey such real property to the cemetery
association or the owners of the cemetery in exchange for the property sought
to be acquired for right of way purposes, but such authority shall not be
exercised unless and until the owners of the cemetery agree in writing to the
exchange of lands.
366.330 Acquisition of land adjoining
right of way. The Department of Transportation may,
when acquiring real property for right of way purposes, acquire additional real
property adjoining the real property sought to be acquired for the particular
public project if such additional and adjoining real property is needed for the
purpose of moving and establishing thereon buildings or other structures then
established on real property required for right of way purposes. The
acquisition of the abutting, additional real property may be accomplished by
purchase, agreement, donation or exercise of the power of eminent domain. Such
real property can be acquired only in the event that the owner of the real
property required for right of way purposes and on which there is then located
buildings or other structures, has entered into a written agreement with the
department providing for and consenting to the removal and reestablishment of
the buildings or structures on the additional, abutting real property.
366.332 Definitions for ORS 366.332 and
366.333. As used in this section and ORS
366.333:
(1)
“Real property” includes any right, title or interest in real property.
(2)
“Utility” means any corporation, including municipal or quasi-municipal
corporation, company, individual, association of individuals, lessee, trustee
or receiver, that owns, operates, manages or controls all or part of any plant
or equipment in this state, whether or not such plant or equipment or part
thereof is wholly within or outside any city, which plant or equipment is used,
directly or indirectly:
(a)
For the conveyance of telegraph or telephone messages, with or without wires;
(b)
For the transportation of water, gas or petroleum products by pipelines;
(c)
For the production, transmission, delivery or furnishing of heat, light, water,
power, electricity or electrical impulses; or
(d)
For the transmission and delivery of television pictures and sound by cables. [1965
c.382 §2]
366.333 Acquisition of utility real
property; exchange of land for right of way. (1) If
real property upon which utility facilities are located is necessary for city
street, public road or state highway location, relocation, construction,
reconstruction, betterment or maintenance, and any portion of the real property
is likewise required by the utility for the proper operation of its business,
but the utility is willing to convey the real property to the state for city
street, public road or state highway purposes in exchange for other real
property within a reasonable distance, the state, through the Department of
Transportation, may acquire by purchase, agreement or by the exercise of the
power of eminent domain, other real property, except that of another utility,
within a reasonable distance. After having acquired such real property, the
state, through the department, may convey it to the utility in exchange for the
real property required from the utility for city street, public road or state
highway purposes. The difference in the value of the respective real properties
shall be considered by the department in making the exchange.
(2)
ORS 366.332 and this section do not vest in any utility any right, title or
interest in any city street, public road, state highway or other public
property. [1965 c.382 §§3,4]
366.335 Acquisition of railroad right of
way; exchange of land therefor. (1) Whenever
in the location, relocation, construction or betterment of any highway within
the state, it is deemed necessary to locate, relocate or construct the highway,
or any part thereof, upon the right of way of any railroad company, the state,
through the Department of Transportation, may negotiate and agree with the
railroad company for the right to use or occupy the right of way, or so much
thereof as is necessary for highway purposes.
(2)
In case no satisfactory agreement can be effected, then the state, through the
department, may acquire the right of way by exercise of the power of eminent
domain, and for that purpose may commence and prosecute condemnation
proceedings to acquire the right to the use and occupancy of sufficient of the
railroad right of way for highway purposes.
(3)
Nothing in subsection (2) of this section authorizes the use or occupancy of
the railroad right of way which would interfere with the operation of the
railroad or its necessary appurtenances, taking into consideration the use of
the railroad right of way by the company for yards, terminals, station grounds
and necessary additional trackage, or which would jeopardize the safety of the
public.
(4)
In the event that the right of way or property of any railroad company in the
state required or needed for state highway location, relocation, construction
or betterment, and any portion of the property or right of way is likewise
needed and required by the railroad company for the proper operation of its
trains and the usual and ordinary conduct of its business, but which property
or land the railroad company is willing to deed to the state for highway
purposes in exchange for a like amount of land within a reasonable distance,
the state, through the department, may acquire by purchase, agreement or by
exercise of the power of eminent domain, an equal amount of land or property
within a reasonable distance. After having acquired such land or property, the
state, through the department, may convey the same to the railroad company in
exchange for the land or property needed and required from the railroad company
for highway purposes. The difference in the value of the respective parcels of
land shall be considered by the department in making the exchange. [Amended by
1965 c.383 §1; 1999 c.59 §100]
366.337 Exchange of certain parcels of
land authorized. The Department of
Transportation, in the name of the State of Oregon, hereby is authorized to
convey to any person, firm or corporation all or parts of the real properties
described in section 1 of chapter 21, Oregon Laws 1953, in exchange for other
real properties in close proximity thereto which, in the judgment of the
department, are of equal or superior useful value for public use. [1953 c.21 §2]
366.340 Acquisition of real property
generally. The Department of Transportation may
acquire by purchase, agreement, donation or by exercise of the power of eminent
domain real property, or any right or interest therein, including any easement
or right of access, deemed necessary for:
(1)
Construction of shops, equipment sheds, office buildings, maintenance sites,
patrolmen accommodations, snow fences, quarry sites, gravel pits, storage
sites, stock pile sites, weighing stations and broadcasting stations.
(2)
Appropriation, acquisition or manufacture of road-building materials, approach
or hauling roads, connecting roads, frontage road, highway drainage and
drainage tunnels.
(3)
Maintenance of an unobstructed view of any state highway so as to provide for
the safety of the traveling public.
(4)
Any other use or purpose deemed necessary for carrying out the purposes of this
Act.
(5)
Elimination or prevention of hazardous or undesirable points of entry from
adjacent property to state highways. [Amended by 1953 c.252 §2]
366.345
[Amended by 1957 c.392 §1; 1963 c.601 §2; renumbered 390.110]
366.350
[Amended by 1959 c.611 §3; 1963 c.601 §3; renumbered 390.160]
366.355
[Renumbered 390.210]
366.360 Taking fee simple title.
In all cases where title to real property is acquired by the Department of
Transportation either by donation, agreement or exercise of the power of
eminent domain, a title in fee simple may be taken.
366.365 Going upon private property;
rules. (1) The Department of Transportation may
go upon private property in the manner provided by ORS 35.220 to determine the advisability
or practicability of locating and constructing a highway over the property or
the source, suitability or availability of road-building materials thereon.
(2)
The department may go upon private property to cut down or remove trees located
on the property without notifying the property owner if the department has
determined that the trees create 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.
(3)
Within a reasonable amount of time after the department cuts down or removes
trees in the manner provided by subsection (2) of this section, the department
shall locate the property owner and notify the property owner of the department’s
actions. The department may establish the process of notification by rule. [Amended
by 1953 c.252 §2; 2003 c.477 §5; 2005 c.22 §259; 2009 c.130 §1]
366.370
[Repealed by 1971 c.741 §38]
366.375
[Repealed by 1971 c.741 §38]
366.380
[Amended by 1957 c.656 §1; 1959 c.339 §1; 1967 c.479 §7; repealed by 1971 c.741
§38]
366.385
[Repealed by 1967 c.479 §8]
366.390
[Repealed by 1971 c.741 §38]
366.392 [1953
c.621 §1; subsection (2) enacted as 1961 c.404 §1; 1967 c.454 §36; repealed by
1971 c.741 §38]
366.393 [1953
c.621 §2; subsection (2) enacted as 1961 c.404 §2; repealed by 1971 c.741 §38]
366.394 [1967
c.479 §10; repealed by 1971 c.741 §38]
366.395 Disposition or leasing of property;
sale of forest products. (1) The Department of
Transportation may sell, lease, exchange or otherwise dispose or permit use of
real or personal property, including equipment and materials acquired by the
department, title to which real or other property may have been taken either in
the name of the department, or in the name of the state, and which real or
personal property is, in the opinion of the department, no longer needed,
required or useful for department purposes, except that real property may be
leased when, in the opinion of the department, such real property will not be
needed, required or useful for department purposes during the leasing period.
The department may exchange property as provided in subsection (3) of this
section regardless of whether the property is needed by, required by or useful
to the department if, in the judgment of the department, doing so will best
serve the interests of the state.
(2)
The department may sell, lease, exchange or otherwise dispose of such real or
personal property in such manner as, in the judgment of the department, will
best serve the interests of the state and will most adequately conserve highway
funds or the department’s account or fund for the real or personal property. In
the case of real property, interest in or title to the same may be conveyed by
deed or other instrument executed in the name of the state, by and through the
department. All funds or money derived from the sale or lease of any such
property shall be paid by the department to the State Treasurer with
instructions to the State Treasurer to credit such funds or moneys:
(a)
To the highway fund; or
(b)
To the department’s account or fund for the property. The State Treasurer shall
credit the funds and moneys so received as the department shall direct.
(3)
Property described in subsection (1) of this section may be exchanged for other
property or for services. As used in this subsection, “services” includes, but
is not limited to, public improvements as defined in ORS 279A.010.
(4)(a)
Before offering forest products for sale the department shall cause the forest
products to be appraised.
(b)
If the appraised value of the forest products exceeds $15,000, the department
shall not sell them to a private person, firm or corporation except after a
public auction to receive competitive bids. Prior to such auction, the
department shall give notice thereof not less than once a week for three
consecutive weeks by publication in one or more newspapers of general
circulation in the county in which the forest products are located and by such
other media of communication as the department deems advisable. The minimum bid
price and a brief statement of the terms and conditions of the sale shall be in
the notice.
(c)
Notice and competitive bidding under paragraph (b) of this subsection shall not
be required if the Director of Transportation declares an emergency to exist
that requires the immediate removal of the timber. If an emergency has been so
declared:
(A)
Then the timber, regardless of value, may be sold by a negotiated price; and
(B)
The director shall make available for public inspection a written statement
giving the reasons for declaring the emergency.
(5)
The department’s account or fund for the forest product shall be credited with
the proceeds of the sale. [Amended by 1953 c.252 §2; 1971 c.279 §1; 1983 c.26 §1;
1989 c.904 §60; 1993 c.741 §40; 2005 c.32 §1]
366.400 Execution of contracts.
The Department of Transportation may enter into all contracts deemed necessary
for the construction, maintenance, operation, improvement or betterment of
highways or for the accomplishment of the purposes of this Act. All contracts
executed by the department shall be made in the name of the state, by and
through the department. [Amended by 1953 c.252 §2; 1975 c.771 §24]
366.405
[Amended by 1953 c.252 §2; repealed by 1975 c.771 §33]
366.410
[Repealed by 1975 c.771 §33]
366.415
[Amended by 1967 c.454 §37; 1969 c.423 §2; repealed by 1975 c.771 §33]
366.420
[Repealed by 1975 c.771 §33]
366.425 Deposit of moneys for highway
work. (1) Any county, city or road district
of the state or any person, firm or corporation may deposit moneys in the State
Treasury or may deposit with the Department of Transportation an irrevocable
letter of credit approved by the department for laying out, surveying,
locating, grading, surfacing, repairing or doing other work upon any public
highway within the state under the direction of the department. When any money
or a letter of credit is deposited with the department under this subsection,
the department shall proceed with the proposed highway project.
(2)
Money deposited under subsection (1) of this section shall be disbursed for the
purpose for which it was deposited upon a voucher approved by the department
and a warrant. [Amended by 1967 c.454 §38; 1979 c.365 §1]
366.430
[Amended by 1953 c.252 §2; repealed by 1969 c.429 §6]
366.435 Auditing and allowing claims.
The Department of Transportation may allow all claims legally payable out of
the highway fund. The department shall, if satisfied as to the correctness and
validity of a claim, indorse approval thereon. When claims have been approved
and indorsed by the fiscal officer of the department, they shall be filed with
the fiscal officer of the department, who shall audit and pay the same out of
the highway fund. [Amended by 1953 c.252 §2; 1967 c.454 §39]
366.440 Payment of employees.
The Department of Transportation may pay employees by individual and separate
vouchers or by a payroll.
366.445 Repair of damaged highways.
The Department of Transportation may repair or cause to be repaired at once any
state highway which has been damaged by slides, flood or other catastrophe so
that the highway may be immediately reopened to traffic. To accomplish the
reopening of the highway the department may, if it is deemed for the best interests
of the state, proceed at once to remove the slide or to repair the damage with
the department’s own forces, or with other available forces. The department may
cause such work to be done by contract without calling for competitive bids.
366.450 Road signs.
The Department of Transportation may erect and maintain such directional road
and other signs on the state highways at such places and of such material and
design as it selects. [Amended by 1957 c.663 §1]
366.455 Removing unlawful signs and structures.
The Department of Transportation may take down and remove from the right of way
of any state highway any sign or other structure or thing erected or maintained
thereon contrary to law. When removing a sign or other structure or thing the
department shall follow and comply with the legal or statutory procedure
provided by law. [Amended by 2007 c.199 §23]
366.460 Construction of sidewalks within
highway right of way. The Department of Transportation
may construct and maintain within the right of way of any state highway or
section thereof sidewalks, footpaths, bicycle paths or trails for horseback
riding or to facilitate the driving of livestock. Before the construction of
any of such facilities the department must find and declare that the construction
thereof is necessary in the public interest and will contribute to the safety
of pedestrians, the motoring public or persons using the highway. Such
facilities shall be constructed to permit reasonable ingress and egress to
abutting property lawfully entitled to such rights.
366.462 Construction of fences on freeway
overpasses. (1) The Department of Transportation
shall construct fences on all freeway overpasses that are built on and after
November 4, 1993. The fences shall be designed to deter persons from throwing
objects from the overpasses onto the freeways.
(2)
Beginning in the fiscal year that starts July 1, 1993, the Department of
Transportation shall construct at least 15 fences per year on existing freeway
overpasses. The department shall develop a priority system to construct fences
first on those overpasses that involve the greatest risk factors. [1993 c.510 §§1,2;
2001 c.104 §125]
Note:
366.462 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 366 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
366.465 Gates and stock guards.
The Department of Transportation may erect and maintain gates and stock or
cattle guards in state highways at such points where the highways are crossed
by drift or stock fences, where such highways intersect state or
government-owned highways or other public highways and at other places in the
state highways as the department may deem for the best interests of the public.
The department may issue permits for the erection and maintenance of the same.
Any gates constructed under this section must be constructed and maintained
upon the right of way and not upon the traveled portion of the highway. If
gates or stock guards are constructed under this section pursuant to a permit
issued by the department, then the permit may contain such conditions,
obligations and requirements as the department may deem for the best interests
of the general public.
366.470 Agreements with railroad companies
for snow removal. (1) The Department of
Transportation may enter into agreements with a railroad company for the
removal of snow from highway and railroad whenever a state highway is in close
proximity to a railroad track and by reason thereof and in order to remove from
the highway snow and ice which has blocked or threatens to block the highway to
traffic it becomes necessary to cast such snow and ice upon the railroad
tracks, thereby impairing or interfering with train movement and tending to
block train operations. The agreement may be made during or in anticipation of
any such contingency, shall be in writing and shall fix the terms and
conditions under which and the extent to and manner in which the state may, in
removing the snow and ice from the highway, cast it upon the railroad tracks.
(2)
The department may procure or cause to be executed by a corporation authorized
to do such business in the state, a liability policy of insurance, an
irrevocable letter of credit issued by an insured institution, as defined in
ORS 706.008, or an undertaking running in favor of the state, the department,
the railroad company and their officers and such employees of such parties as
the contracting parties may designate.
(3)
The insurance, letter of credit or undertaking:
(a)
Shall be acceptable to the contracting parties.
(b)
Shall in any event indemnify, protect and hold harmless the railroad company,
its officers and employees designated, the state, the department, its officers
and employees designated, from all claims for damage occasioned by or in
connection with the removal of snow from the highway and the casting of the
snow upon the railroad tracks.
(c)
May, if so provided, reimburse either or both of the contracting parties for loss,
cost and expense incurred in connection with or resulting from such work.
(4)
The department may pay out of the highway fund the premium for the insurance or
for the fee for the letter of credit and the cost and expense incurred or
sustained by the railroad company and the state incident to the snow removal. [Amended
by 1953 c.252 §2; 1991 c.331 §58; 1997 c.631 §466]
366.475
[Amended by 1979 c.104 §1; repealed by 1983 c.324 §59]
366.480 Destruction of vouchers.
The Department of Transportation may from time to time destroy copies of
vouchers which have ceased to possess any record value or serve any purpose and
which have been in the files and custody of the department for a period of at
least 10 years.
366.485
[Repealed by 1975 c.605 §33]
ROADSIDE REST AREAS
366.486 Construction of roadside rest area
facilities for persons with disabilities. When a
new roadside rest area is established adjacent to or within the right of way of
a state highway, or when rest room facilities are constructed in an existing
roadside rest area adjacent to or within the right of way of a state highway, a
separate rest room facility for persons with disabilities of both sexes shall
be constructed. The facility shall meet all requirements of ORS 447.210 to
447.280. [1993 c.738 §1; 2007 c.70 §152]
Note:
366.486, 366.487 and 366.490 were enacted into law by the Legislative Assembly
but were not added to or made a part of ORS chapter 366 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
366.487 Use of roadside rest area rest
rooms by persons with disabilities. (1) If a
roadside rest area adjacent to or within the right of way of a state highway
does not have a separate rest room facility for persons with disabilities of
both sexes, a person with a disability and a person of the opposite sex who is
accompanying a person with a disability for the purpose of assisting the person
with a disability in using the rest room may enter any existing rest room.
Prior to entering the rest room, the assisting person shall receive permission
from anyone who is in the rest room.
(2)
A sign shall be posted outside all rest room facilities subject to the
provisions of subsection (1) of this section stating that attendants of the opposite
sex may accompany or be accompanied by persons with disabilities into any rest
room. The sign shall include appropriate graphics. [1993 c.738 §2; 2007 c.70 §153]
Note: See
note under 366.486.
366.490 Coffee and cookies at roadside
rest areas; rules. (1) The Department of
Transportation shall establish by rule a permit program allowing nonprofit
organizations to provide free coffee or other nonalcoholic beverages and
cookies at roadside rest areas. Cookies offered under the program must come
from a licensed facility. Rules adopted under this section may not restrict the
program to any particular days of the year.
(2)
An organization may apply for a permit to provide coffee, other beverages and
cookies by submitting a written request to an employee of the department
designated by the department. The request shall specify the day on which the
organization wishes to offer the beverages and cookies and the specific rest
area where they will be offered. The request shall be submitted not more than
60 days prior to the date requested.
(3)
The department shall issue a permit to the selected organization not less than
30 days in advance of the date for which the permit is issued. If there is more
than one request for the same date and the same place, the department shall
select one organization by random drawing and shall issue the permit to that
organization.
(4)
The department may not issue more than one permit for the same time and place.
(5)
An organization that receives a permit shall confine distribution of coffee,
other beverages or cookies to an area of the rest area designated in the permit
or by the rest area attendant. The organization may not obstruct access to any
building or other structure in the rest area.
(6)
An organization providing coffee, other beverages or cookies may receive
donations.
(7)
An organization may post signs identifying the organization and the activity,
provided that each sign is not more than 10 square feet in area and there are
not more than two signs. The signs may be placed only on vehicles used in
connection with the provision of beverages and cookies or located in the area
designated for the activity.
(8)
The department may revoke the permit of any organization that fails to comply
with the provisions of this section or with rules adopted by the department to
implement the provisions. [1993 c.738 §3; 2005 c.256 §1]
Note: See
note under 366.486.
366.493 Rules regarding health and safety.
The Oregon Transportation Commission may adopt rules governing health and safety
in roadside rest areas and scenic overlooks under the jurisdiction of the
Department of Transportation. [2009 c.99 §2]
Note:
Sections 32 to 34, chapter 865, Oregon Laws 2009, provide:
Sec. 32. (1)
The Department of Transportation shall enter into an intergovernmental
agreement with the Travel Information Council under which the council shall
manage, maintain and improve roadside rest areas mutually agreed upon by the
department and council and the following roadside rest areas along Interstate 5
and Interstate 84:
(a)
Interstate 5, southbound, near milepost 63.
(b)
Interstate 5, northbound, near milepost 241.
(c)
Interstate 5, southbound, near milepost 241.
(d)
Interstate 5, northbound, near milepost 281.
(e)
Interstate 5, southbound, near milepost 281.
(f)
Interstate 84, eastbound, near milepost 160.
(g)
Interstate 84, westbound, near milepost 377.
(2)
Subject to subsection (4) of this section, in carrying out the provisions of
subsection (1) of this section, the council may enter into contracts necessary
to accomplish the purposes of subsection (1) of this section.
(3)
The department shall maintain ownership of any roadside rest area the council
manages, maintains and improves under an intergovernmental agreement entered
into under subsection (1) of this section.
(4)
Under the intergovernmental agreement entered into under subsection (1) of this
section, the council shall conduct public contracting activities in accordance
with the provisions of ORS 377.836. [2009 c.865 §32]
Sec. 33. (1) Notwithstanding
ORS 366.490, the Travel Information Council shall establish by rule a permit
program allowing nonprofit organizations to provide free coffee or other
nonalcoholic beverages and cookies at roadside rest areas the council is
responsible for under section 32 of this 2009 Act. Cookies offered under the
program must come from a licensed facility. Rules adopted under this section
may not restrict the program to any particular days of the year.
(2)
In lieu of applying to the Department of Transportation for a permit under ORS
366.490, an organization may apply for a permit to provide coffee, other
nonalcoholic beverages and cookies at a rest area maintained by the council by
submitting a written request to the council. The request shall specify the day
on which the organization wishes to offer the nonalcoholic beverages and
cookies and the specific rest area where they will be offered. The request
shall be submitted not less than 60 days prior to the date requested.
(3)
The council shall issue a permit to the selected organization not less than 30
days in advance of the date for which the permit is issued. If there is more
than one request for the same date and the same place, the council shall select
one organization by random drawing and shall issue the permit to that
organization.
(4)
The council may not issue more than one permit for the same time and place.
(5)
An organization that receives a permit shall confine distribution of coffee,
other nonalcoholic beverages or cookies to an area of the rest area designated
in the permit or by the rest area attendant. The organization may not obstruct
access to any building or other structure in the rest area.
(6)
An organization providing coffee, other nonalcoholic beverages or cookies may
accept donations at the rest area while providing coffee, other nonalcoholic
beverages or cookies.
(7)
An organization may post signs identifying the organization and the activity,
provided that each sign is not more than 10 square feet in area and there are
not more than two signs. The signs may be placed only on vehicles used in
connection with the provision of nonalcoholic beverages and cookies or located
in the area designated for the activity.
(8)
The council may revoke the permit of any organization that fails to comply with
the provisions of this section or with rules adopted by the council to
implement the provisions of this section. [2009 c.865 §33]
Sec. 34.
Sections 32 and 33, chapter 865, Oregon Laws 2009, and section 1 of this 2011
Act [section 1, chapter 328, Oregon Laws 2011] are repealed January 2, 2020.
[2009 c.865 §34; 2011 c.328 §2]
Note:
Section 1, chapter 328, Oregon Laws 2011, provides:
Sec. 1. (1) In
addition to any other persons permitted to enforce violations, the director of
the Travel Information Council and any person specifically designated by the
director may issue and serve citations to any person for violation of a rule
adopted under ORS 366.493.
(2)
The authority granted under this section is limited to violations that occur at
roadside rest areas the council is responsible for managing under section 32,
chapter 865, Oregon Laws 2009.
(3)
A citation issued under this section shall substantially conform to the
requirements for a citation under ORS chapter 153. [2011 c.328 §1]
STATE HIGHWAY FUND
366.505 Composition and use of highway
fund. (1) The State Highway Fund shall
consist of:
(a)
All moneys and revenues derived under and by virtue of the sale of bonds, the
sale of which is authorized by law and the proceeds thereof to be dedicated to
highway purposes.
(b)
All moneys and revenues accruing from the licensing of motor vehicles,
operators and chauffeurs.
(c)
Moneys and revenues derived from any tax levied upon gasoline, distillate,
liberty fuel or other volatile and inflammable liquid fuels, except moneys and
revenues described in ORS 184.642 (2)(a) that become part of the Department of
Transportation Operating Fund.
(d)
Moneys and revenues derived from or made available by the federal government
for road construction, maintenance or betterment purposes.
(e)
All moneys and revenues received from all other sources which by law are
allocated or dedicated for highway purposes.
(2)
The highway fund shall be deemed and held as a trust fund, separate and
distinct from the General Fund, and may be used only for the purposes
authorized by law and is continually appropriated for such purposes.
(3)
Moneys in the State Highway Fund may be invested as provided in ORS 293.701 to
293.820. All interest earnings on any of the funds designated in subsection (1)
of this section shall be placed to the credit of the highway fund. [Amended by
1953 c.125 §5; 1989 c.966 §43; 2001 c.820 §5; 2009 c.821 §30a]
366.506 Highway cost allocation study;
purposes; design; report; use of report by Legislative Assembly.
(1) Once every two years, the Oregon Department of Administrative Services
shall conduct either a full highway cost allocation study or an examination of
data collected since the previous study. The purposes of the study or
examination of data are to determine:
(a)
The proportionate share that the users of each class of vehicle should pay for
the costs of maintenance, operation and improvement of the highways, roads and
streets in the state; and
(b)
Whether the users of each class are paying that share.
(2)
The department may use any study design it determines will best accomplish the
purposes stated in subsection (1) of this section. In designing the study the
department may make decisions that include, but are not limited to, the
methodology to be used for the study, what constitutes a class of vehicle for
purposes of collection of data under subsections (1) to (4) of this section and
the nature and scope of costs that will be included in the study.
(3)
The department may appoint a study review team to participate in the study or
examination of data required by subsection (1) of this section. The team may
perform any functions assigned by the department, including but not limited to
consulting on the design of the study.
(4)
A report on the results of the study or examination of data shall be submitted
to the legislative revenue committees and the legislative committees with
primary responsibility for transportation by January 31 of each odd-numbered
year.
(5)
The Legislative Assembly shall use the report described in subsections (1) to
(4) of this section to determine whether adjustments to revenue sources
described in section 3a (3), Article IX of the Oregon Constitution, are needed
in order to carry out the purposes of section 3a (3), Article IX of the Oregon
Constitution. If such adjustments are needed, the Legislative Assembly shall
enact whatever measures are necessary to make the adjustments. [2003 c.755 §§1,2]
Note:
366.506 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 366 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
366.507 Modernization program; funding;
conditions and criteria. The Department of Transportation
shall use an amount equal to the amount of moneys in the State Highway Fund
that becomes available for its use from the increase in tax rates created by
the amendments to ORS 319.020, 319.530, 825.476 and 825.480 by sections 1, 2
and 10 to 15, chapter 209, Oregon Laws 1985, and an amount equal to one-third
of the amount of moneys in the State Highway Fund that becomes available for
its use from any increase in tax rates created by the amendments to ORS
319.020, 319.530, 825.476 and 825.480 by sections 5, 6 and 8 to 15, chapter
899, Oregon Laws 1987, and from any increase in tax rates that results from the
provisions of sections 16 and 17, chapter 899, Oregon Laws 1987, to establish
and operate a state modernization program for highways. The program established
under this section and the use of moneys in the program are subject to the
following:
(1)
The moneys may be used by the department to retire bonds that the department
issues for the modernization program under bonding authority of the department.
(2)
The intent of the modernization program is to increase highway safety, to
accelerate improvements from the backlog of needs on the state highways and to
fund modernization of highways and local roads to support economic development
in Oregon. Projects both on and off the state highway system are eligible.
(3)
Projects to be implemented by the modernization program shall be selected by
the Oregon Transportation Commission. The criteria for selection of projects
will be established after public hearings that allow citizens an opportunity to
review the criteria. The commission may use up to one-half of moneys available
under this section for modernization projects selected by the commission from a
list of projects of statewide significance.
(4)
In developing criteria for selection of projects, the commission shall consider
the following:
(a)
Projects must be of significance to the state highway system.
(b)
Except for projects that are of statewide significance, projects must be
equitably distributed throughout Oregon.
(c)
Projects may be on county or city arterial roads connecting to or supporting a
state highway.
(d)
Priority may be given to projects that make a meaningful contribution to
increased highway safety.
(e)
Priority may also be given to projects that encourage economic development
where:
(A)
There is commitment by private industry to construct a facility.
(B)
There is support from other state agencies.
(f)
Priority may be given where there is local government or private sector
financial participation, or both, in the improvement in addition to
improvements adjacent to the project.
(g)
Priority may be given where there is strong local support.
(5)
Except as otherwise provided in this subsection, federal moneys or moneys from
the State Highway Fund other than those described in this section may be used
for the modernization program as long as the total amount used is equal to the
amount described in this section. Federal moneys that are appropriated by
Congress for specific projects and federal moneys that are allocated by the
United States Department of Transportation for specific projects may not be
used for the modernization program under this section. [1985 c.209 §9; 1987
c.899 §2; 1999 c.969 §4; 2001 c.766 §§1,2; 2003 c.618 §§14,15; 2005 c.837 §13]
366.508 Legislative findings.
(1) The Legislative Assembly finds that:
(a)
Estimated highway, road and street revenues from current sources will not
adequately meet the need for continued development of a statewide road and
bridge system that is economically efficient, provides accessibility to and
from commercial, agricultural, industrial, tourist and recreational facilities
and enhances the highway safety, environmental quality and land use goals of
this state;
(b)
Responsibility for the cost of the highway, road and street system should be
proportional and should be based on the number and types of vehicles that use
the system and on the frequency of their use; and
(c)
Expansion, modernization, maintenance, repair, reconstruction, increased capacity
and enhanced safety on all roads and bridges is crucial to the economic
revitalization of Oregon.
(2)
The Legislative Assembly declares that the purpose of this section and ORS
319.020, 319.530, 366.507, 366.739, 366.774, 366.790, 825.476 and 825.480 is:
(a)
To enhance the revenue base for the state, counties and cities for continued
development and maintenance of the road and bridge system; and
(b)
To enhance the revitalization of this state’s economy by implementing a
long-term plan for the state, counties and cities that establishes priorities
for road and bridge improvements. [1987 c.899 §1]
Note:
366.508 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 366 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
366.509 [1999
c.969 §2; repealed by 2005 c.612 §10]
366.510 Turning over highway funds to
State Treasurer. All state officials charged with
the collection of highway funds shall, upon the first of each month after
collection, unless a different time is otherwise provided, turn the same over
to the State Treasurer, who shall enter such revenues in the account of the
highway fund. [Amended by 1967 c.454 §106]
366.512 Collection of certain registration
fees for State Parks and Recreation Department Fund.
(1) The Department of Transportation shall collect all registration fees for
campers, motor homes and travel trailers. Such fees shall be paid into the
State Parks and Recreation Department Fund.
(2)
As used in this section:
(a)
“Camper” has the meaning given that term in ORS 801.180.
(b)
“Motor home” has the meaning given that term in ORS 801.350.
(c)
“Travel trailer” has the meaning given that term in ORS 801.565. [1969 c.605 §46;
1979 c.186 §13; 1983 c.338 §918; 1983 c.363 §2; 1985 c.16 §460; 1985 c.395 §6;
1989 c.904 §36; 1993 c.696 §15; 2003 c.14 §161; 2003 c.655 §72; 2005 c.22 §§260,261]
366.514 Use of highway fund for footpaths
and bicycle trails. (1) Out of the funds received by
the Department of Transportation or by any county or city from the State
Highway Fund reasonable amounts shall be expended as necessary to provide
footpaths and bicycle trails, including curb cuts or ramps as part of the
project. Footpaths and bicycle trails, including curb cuts or ramps as part of
the project, shall be provided wherever a highway, road or street is being
constructed, reconstructed or relocated. Funds received from the State Highway
Fund may also be expended to maintain footpaths and trails and to provide
footpaths and trails along other highways, roads and streets.
(2)
Footpaths and trails are not required to be established under subsection (1) of
this section:
(a)
Where the establishment of such paths and trails would be contrary to public
safety;
(b)
If the cost of establishing such paths and trails would be excessively
disproportionate to the need or probable use; or
(c)
Where sparsity of population, other available ways or other factors indicate an
absence of any need for such paths and trails.
(3)
The amount expended by the department or by a city or county as required or
permitted by this section shall never in any one fiscal year be less than one
percent of the total amount of the funds received from the highway fund. However:
(a)
This subsection does not apply to a city in any year in which the one percent
equals $250 or less, or to a county in any year in which the one percent equals
$1,500 or less.
(b)
A city or county in lieu of expending the funds each year may credit the funds
to a financial reserve fund in accordance with ORS 294.346, to be held for not
more than 10 years, and to be expended for the purposes required or permitted
by this section.
(c)
For purposes of computing amounts expended during a fiscal year under this
subsection, the department, a city or county may record the money as expended:
(A)
On the date actual construction of the facility is commenced if the facility is
constructed by the city, county or department itself; or
(B)
On the date a contract for the construction of the facilities is entered with a
private contractor or with any other governmental body.
(4)
For the purposes of this chapter, the establishment of paths, trails and curb
cuts or ramps and the expenditure of funds as authorized by this section are
for highway, road and street purposes. The department shall, when requested,
provide technical assistance and advice to cities and counties in carrying out
the purpose of this section. The department shall recommend construction
standards for footpaths and bicycle trails. Curb cuts or ramps shall comply
with the requirements of ORS 447.310 and rules adopted under ORS 447.231. The
department shall, in the manner prescribed for marking highways under ORS
810.200, provide a uniform system of signing footpaths and bicycle trails which
shall apply to paths and trails under the jurisdiction of the department and
cities and counties. The department and cities and counties may restrict the
use of footpaths and bicycle trails under their respective jurisdictions to
pedestrians and nonmotorized vehicles, except that motorized wheelchairs shall
be allowed to use footpaths and bicycle trails.
(5)
As used in this section, “bicycle trail” means a publicly owned and maintained
lane or way designated and signed for use as a bicycle route. [1971 c.376 §2;
1979 c.825 §1; 1983 c.19 §1; 1983 c.338 §919; 1991 c.417 §7; 1993 c.503 §12;
1997 c.308 §36; 2001 c.389 §1]
366.515
[Amended by 1971 c.376 §3; 1973 c.249 §39; repealed by 1975 c.436 §7]
366.516 Incurring obligations payable from
anticipated revenues. The Department of Transportation
may incur obligations to be paid from the State Highway Fund for the
construction, reconstruction, improvement, repair or maintenance of highways,
streets and bridges in excess of the amount then standing to the credit of the
State Highway Fund if in the opinion of the department there will be sufficient
funds available for the payment of such obligations when they become due and
payable and all other debts, obligations and expenses chargeable against the
State Highway Fund including those amounts that are required by law to be set
aside from the State Highway Fund for particular purposes. Obligations incurred
under the authority of this section need not be payable in the same biennial
period during which the obligation is incurred. [1953 c.125 §2]
366.517 Department may determine certain
accounting procedures. The Department of Transportation
shall determine the accounting period for which any expenditures shall be
charged against the State Highway Fund. The department may charge such
expenditures against the State Highway Fund at the time the expenditures are
actually paid even though the expenditures were obligated during a prior
accounting period. The department may keep its accounts on a calendar year
basis. [1953 c.125 §3; 1967 c.454 §40]
366.518 Expenditures from highway fund to
be reported, budgeted and limited to amounts budgeted.
The Department of Transportation shall submit a biennial statement and budget
estimate as required by law, and shall limit its expenditures from the State
Highway Fund during each biennial period to the total amount of the budget
approved according to law; provided, that the word “expenditures” shall mean
all money actually paid out or due and payable, but shall not mean liabilities
or obligations incurred but not due and payable until a subsequent biennial
period. The provisions of any law establishing a Legislative Assembly emergency
committee shall apply to expenditures from the State Highway Fund. [1953 c.125 §4]
366.520 Expenses in legalizing state
highways. The expenses incurred in any proceeding
by the Department of Transportation under ORS 368.201 to 368.221, when applied
to state highways, shall be paid out of the highway fund. [Amended by 1981
c.153 §62]
366.522 Appropriations from highway fund
for legislative interim committees. It hereby is
declared to be the policy and intent of the Legislative Assembly that the total
appropriations out of the State Highway Fund made by it for the payment of
expenses incurred by the Legislative Assembly by and through its interim
committee during any biennium shall be deemed to be the maximum amount
necessary for such purpose. Any unexpended and unobligated balance remaining in
any such appropriation heretofore or hereafter made shall, after the expiration
of the biennium for which the appropriation was made, be returned to the State
Highway Fund and may thereafter be used for any purpose authorized by law. [1953
c.84 §1]
366.523 Transportation Project Account.
(1) The Transportation Project Account is created in the State Highway Fund.
Moneys in the account are continuously appropriated to the Department of
Transportation for the purpose of making allocations described in ORS 367.617
and for the purpose of paying bond debt service on Highway User Tax Bonds
issued under ORS 367.615. Interest on the account is credited to the State
Highway Fund.
(2)
Amounts allocated by the Oregon Transportation Commission pursuant to ORS
367.617 for the purposes described in section 64, chapter 865, Oregon Laws
2009, shall be expended from the account.
(3)
If at any time the department determines that there are not sufficient funds in
the State Highway Fund to pay bond debt service on Highway User Tax Bonds issued
under ORS 367.615, moneys in the Transportation Project Account shall be
transferred to the State Highway Fund and shall be used by the department to
pay bond debt service on Highway User Tax Bonds issued under ORS 367.615.
(4)
For the purposes of this section:
(a)
“Bond” has the meaning given that term in ORS 367.010.
(b)
“Bond debt service” has the meaning given that term in ORS 367.010. [2009 c.865
§63]
Note:
366.523 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 366 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
366.524 [1985
c.209 §7; 1987 c.899 §§18,19,20; 1989 c.865 §§5,5a; 1993 c.637 §17; 1993 c.770 §7;
1995 c.440 §3; 2001 c.669 §5; 2003 c.618 §16; renumbered 366.739 in 2003]
366.525
[Amended by 1967 c.463 §3; 1971 c.376 §4; 1979 c.344 §8; 1981 s.s. c.3 §108;
1983 c.164 §3; 1983 c.338 §920; 1985 c.209 §3; renumbered 366.762 in 2003]
366.530
[Amended by 1955 c.43 §1; 1955 c.287 §23; 1967 c.454 §41; 1977 c.743 §1; 1983
c.338 §921; 1987 c.440 §7; 1991 c.407 §34; 1993 c.741 §41; 1997 c.249 §117;
renumbered 366.764 in 2003]
366.535
[Amended by 1967 c.463 §4; 1975 c.527 §2; 1979 c.344 §9; 1985 c.209 §4;
renumbered 366.766 in 2003]
366.540
[Amended by 1967 c.454 §42; 1983 c.363 §3; 2003 c.618 §45; renumbered 366.768
in 2003]
366.541 [1995
c.790 §1; 2003 c.618 §19,20; renumbered 366.772 in 2003]
366.542 [1987
c.899 §3; 1999 c.797 §1; 2003 c.201 §38; renumbered 366.774 in 2003]
366.543 [2001
c.669 §6; 2002 s.s.1 c.3 §4; renumbered 366.742 in 2003]
366.545 [1965
c.634 §3; renumbered 390.170]
HISTORIC COLUMBIA RIVER HIGHWAY
366.550 “Historic Columbia River Highway”
defined. As used in ORS 366.550 to 366.553, “Historic
Columbia River Highway” means all parts of the original Columbia River Highway,
constructed between 1913 and 1922, in Multnomah, Hood River and Wasco Counties,
that have been designated as a “Historic and Scenic Highway” under ORS 377.100
and all properties and structures that are within the Columbia River Highway
Historic District, National Register of Historic Places. [1987 c.382 §1]
Note:
366.550 to 366.553 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 366 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
366.551 Policy.
The Legislative Assembly declares that it is the public policy of the State of
Oregon to preserve and restore the continuity and historic integrity of the
remaining segments of the Historic Columbia River Highway for public use and
enjoyment and in furtherance thereof:
(1)
To reuse and manage the Historic Columbia River Highway as a continuous visitor
attraction that ties together Columbia Gorge cities and rural service centers
and contributes to their economic development.
(2)
To rehabilitate, restore, maintain and preserve all original roadway and
highway-related structures on the intact and usable highway segments.
(3)
To connect intact and usable highway segments with recreation trails, where
feasible, to create a continuous historic road route through the Columbia Gorge
which links local, state and federal recreation and historic sites.
(4)
To provide a coordinated visitor information program to identify and interpret
the significance of the highway.
(5)
To preserve and enhance the scenic qualities of the highway and its associated
corridor.
(6)
To coordinate appropriate state agency activities and funds to accomplish these
purposes. [1987 c.382 §2]
Note:
See note under 366.550.
366.552 Historic road program for Historic
Columbia River Highway; footpaths and bicycle trails; acquisition of property;
cooperation with other agencies. (1) The
Department of Transportation and the State Parks and Recreation Department
shall prepare and manage a historic road program, in consultation with the
Historic Columbia River Highway Advisory Committee and other affected entities,
consistent with the purposes of the Columbia River Gorge National Scenic Area
Act of 1986 and the public policy of this state declared in ORS 366.551.
(2)
The departments shall inform the advisory committee of those activities of the
departments which may affect the continuity, historic integrity and scenic qualities
of the Historic Columbia River Highway.
(3)
The departments shall undertake efforts to rehabilitate, restore, maintain and
preserve all intact and usable segments of the Historic Columbia River Highway
and associated state parks. The Department of Transportation may expend funds
dedicated for footpaths and bicycle trails under ORS 366.514 to construct
footpaths and bicycle trails on those portions of the Historic Columbia River
Highway that are parts of the state highway system or that are county roads or
city streets and the State Parks and Recreation Department may incorporate
those segments into the Oregon recreation trails system under the provisions of
ORS 390.950 to 390.989 and 390.995 (2).
(4)
The departments may acquire real property, or any right or interest therein,
deemed necessary for the preservation of historic, scenic or recreation
qualities of the Historic Columbia River Highway, for the connection of intact
and usable segments, or for the development and maintenance of parks along or in
close proximity to the highway. The departments shall encourage the acquisition
of lands, or interests in lands, by donation, agreement, exchange or purchase.
(5)
The departments shall assist and cooperate with other agencies and political
subdivisions of the state, state agencies, the federal government, special
purpose districts, railroads, public and private organizations and individuals
to the extent necessary to carry out the provisions of ORS 366.550 to 366.553.
The departments may enter into such contracts as are necessary to carry out
these provisions. [1987 c.382 §3; 1989 c.904 §37]
Note:
See note under 366.550.
366.553 Advisory committee; members;
duties; meetings. (1) There is created in the
Department of Transportation an advisory committee to advise the Director of
Transportation and the Oregon Transportation Commission on policy matters
pertaining to the preservation and restoration of the Historic Columbia River
Highway. The committee shall consist of 10 members, including the State Parks
and Recreation Director, State Historic Preservation Officer, Director of the
Oregon Business Development Department or their delegates, one member appointed
by the Director of Transportation and six citizen members, two residents each
from Wasco, Hood River and Multnomah Counties. The Governor shall appoint one
member from each of the three counties and each county commission shall appoint
one member respectively. Citizen members shall have knowledge or specific
interest in historic or scenic preservation, engineering design, recreation or
related disciplines.
(2)
The citizen members shall be appointed to terms of four years, commencing on
July 1 of the year of appointment. Members of the advisory committee shall be
entitled to expenses as provided by ORS 292.495 (2).
(3)
The committee shall review the department’s preparation of the historic road
program and its ongoing management and submit recommendations to the Director
of Transportation.
(4)
The committee shall review proposed highway-related activities and other public
actions, except for routine highway maintenance, which may affect the historic
integrity, continuity, scenic values, public access and public recreational
opportunities within the Columbia River Highway Historic District and submit recommendations
to the director. The committee may appoint subcommittees composed of qualified
members or other technical specialists, as required, to review plans,
construction or other subjects as designated by the committee. The director
shall provide notice to the committee of proposed activities, actions or
projects at the earliest possible opportunity.
(5)
The committee may recommend to the director that a public hearing with
appropriate public notification be held for proposed activities, actions or projects
which significantly affect the Historic Columbia River Highway.
(6)
The committee shall meet regularly a minimum of four times a year at times and
places fixed by the chairperson of the committee. The department shall provide
personnel services to assist the committee within the limits of available
funds. The committee shall adopt rules to govern its proceedings and may select
officers it considers necessary. [1987 c.382 §4; 1989 c.904 §61; 1993 c.736 §54;
1993 c.741 §42]
Note:
See note under 366.550.
INTERGOVERNMENTAL HIGHWAY COOPERATION
366.556 Acceptance of provisions of Acts
of Congress. The State of Oregon assents to the Act
of July 11, 1916, 39 Stat. 355, entitled “An act to provide that the United
States shall aid the states in the construction of rural post roads, and for
other purposes,” or Acts supplementary thereto, and accepts the provisions and
benefits of any Act of Congress having for its purpose the construction,
improvement or maintenance of public roads or highways in the State of Oregon. [Formerly
366.705]
366.558 Contracting with and submitting
programs to federal government. The
Department of Transportation may enter into all contracts and agreements with
the federal government relating to the survey, construction, improvement and
maintenance of roads and highways, including county roads and city streets,
submit such scheme or program of construction, improvement or maintenance as
may be required by the federal government, and do all other things necessary
fully to carry out the cooperation contemplated and provided for by the Acts of
Congress mentioned in ORS 366.556. [Formerly 366.710]
366.560 Pledge of state to match federal
funds. For the construction or improvement and
maintenance of rural post roads or such other roads, highways and streets as
may be eligible for federal aid funds, the good faith of the state is pledged
to make available funds which alone, or combined with funds made or to be made
available by counties and cities, will be sufficient to match funds made
available to the State of Oregon by the federal government for highway, road or
street purposes. For the purpose of evidencing such good faith the Department
of Transportation, in the name of the state, is authorized to enter into any
and all agreements with the federal government. [Formerly 366.715]
366.562 Use of highway fund to match
federal moneys. The Department of Transportation
may use, allocate or in any manner employ for the purpose of matching any sum
of money made available to the state by the federal government for road or
highway purposes any moneys credited to the highway fund, regardless of the
source from which such moneys may have been derived. [Formerly 366.720]
366.564 Borrowing to match federal moneys.
For the purpose of providing funds to match funds made available to the state
by the federal government for highway purposes and for the matching of which
federal funds there are no highway funds immediately available, the Department
of Transportation may borrow money as provided in ORS 367.105. [Formerly
366.725]
366.566 Meeting requirements of federal
aid statutes. The Department of Transportation or
officers having control of the state highways shall enter into such contracts,
appoint such officers and do any other act or thing necessary to fully meet the
requirements of the federal government and the officers acting under the
federal statutes mentioned in ORS 366.556, or of other federal aid furnished. [Formerly
366.730]
366.568 Using highway funds to comply with
federal aid statutes. The Department of Transportation
or officers having control of the state highways shall, out of the money
received in the highway funds each year from any and all sources, first set
aside, if deemed necessary or expedient, a sufficient amount to comply with the
terms of the Federal Acts mentioned in ORS 366.556, and any other aid hereafter
furnished by the federal government for the construction of roads and highways
or to match the federal aid. [Formerly 366.735]
366.570 Payments under cooperative agreement
with federal government. (1) Where state or county roads
are to be surveyed or constructed under the supervision of the federal
government with the aid of state or county funds, or both, the State Treasurer
or county treasurer, or both, may advance to the federal government, in the
manner provided in this section, the full amount set forth in the cooperative
agreement, or such portion of the amount as may be specified by the federal
government at any time after the Department of Transportation or the county
commissioners have entered into a cooperative agreement with the federal
government for the survey, construction or maintenance of a road under any such
statute, or under any appropriation statute for the federal government against
which such expenditures may be chargeable.
(2)
The advance payments shall be made to the fiscal agent of the federal
government designated by, and upon receipt of, a request for such funds from
the federal government, if the federal government agrees to refund to the state
or county treasurer, or both, as the case may be, any amount advanced in excess
of the proportionate share of the actual cost.
(3)
When the state, through the Department of Transportation has entered into any
cooperative agreement with the federal government for the survey or
construction of any state road or highway as in this section contemplated, the
department shall prepare, verify and approve a claim in favor of the federal
government for the amount of the state’s share of the cost of the work, accompanying
the claim with a copy of the agreement. The claim shall be paid by warrant on
the State Treasurer in the manner provided by law, from such funds as are
available for road purposes as shall be directed by the department. [Formerly
366.765]
366.572 State highway agreements with
local governments. (1) The Department of
Transportation may enter into a cooperative agreement with any one or more
cities, counties, road districts or other municipalities of the state for the
construction, reconstruction, improvement, repair or maintenance of any state
highway, and provide for an allocation of the cost of the project to the
contracting parties.
(2)
The Department of Transportation may enter into cooperative agreements with any
county for the survey, construction, improvement, reconstruction, repair or
maintenance of any state highway or part thereof upon such basis of
contribution as may be agreed upon between them. [Formerly 366.770]
366.574 Intergovernmental road maintenance
agreement. (1) The Legislative Assembly declares
that it is the public policy of the State of Oregon to promote cooperation
between the Department of Transportation and counties on road maintenance
projects when it results in an overall benefit to the public. Monetary savings
that result from the cooperative efforts shall primarily be retained by the
counties and the division of the department that enters into the agreement. The
participants should endeavor to cooperate regardless of the proportion of
benefit to either party.
(2)
A county and the Department of Transportation or a division of the department
may establish an intergovernmental road maintenance agreement that will govern
the maintenance of state highways and county roads within the county or other
areas described by the agreement or of a particular road project. The agreement
must be ratified by the governing body of the county and the Director of
Transportation. An agreement under this section shall require highways and
roads to be maintained in accordance with standards mutually established by the
Oregon Transportation Commission and the county governing body.
(3)
All employees and managers of the department and the county who will perform
road maintenance activities described in the agreement or who will be involved in
the road project described in the agreement must be given a reasonable
opportunity to participate with the department and the counties in establishing
the terms and provisions of the agreement.
(4)
Nothing in this section or in the agreement affects title to or ownership of
state highways or county roads.
(5)
The agreement must:
(a)
Provide for the use of state and county road maintenance equipment and
facilities by the participants.
(b)
Recognize an agreement between either participant and a state or federal agency
established to protect the environment. The intergovernmental road maintenance
agreement should contain references to applicable provisions that implement
procedures and specifications contained in the agreement between either
participant and the agency.
(c)
Establish a procedure, consistent with appropriate collective bargaining
agreements, to ensure that employees of the department and the county are
properly supervised.
(d)
Establish a procedure to determine which maintenance methods will be used by
the participants.
(e)
Establish a procedure to account for changes in operating costs due to the
establishment of the agreement and to allocate increased costs or distribute
cost savings between the county and the department.
(f)
Establish a formula, adjustment factor or procedure for the equitable
adjustment and comparison of the maintenance and equipment use rates required
of the department under federal law and the maintenance and equipment use rates
employed by the county.
(g)
Authorize the participants to use either the procurement procedures applicable
to the department or the procurement procedures applicable to the county as
long as the procurement procedures include adequate safeguards fostering
competition and are consistent with ORS 279A.015 and 279C.300. [Formerly
366.773]
Note:
366.574 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 366 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
366.576 Road, highway or street agreements
with local governments. The Department of Transportation
may enter into an agreement with any county, city, town or road district for
the construction, reconstruction, improvement, repair or maintenance of any
road, highway or street, upon terms and conditions mutually agreed to by the
contracting parties, and the department may acquire by purchase, agreement,
donation or by exercise of the power of eminent domain, any real property
necessary for rights of way therefor. [Formerly 366.775; 2005 c.22 §262]
366.578 Farm-to-market roads.
(1) The Department of Transportation and local governments shall consider the
importance of farm-to-market roads when making highway funding decisions.
(2)
As used in this section, “farm-to-market road” means a rural or urban road,
street or highway that is used to move agricultural or logging products to
market. [Formerly 366.777]
Note:
366.578 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 366 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
366.605
[Renumbered 367.105]
366.625
[Renumbered 367.202]
366.627
[Renumbered 367.204]
366.629
[Renumbered 367.206]
366.631
[Renumbered 367.208]
366.633
[Renumbered 367.210]
366.635
[Renumbered 367.212]
366.637
[Renumbered 367.214]
366.639
[Renumbered 367.216]
366.641
[Renumbered 367.218]
366.643
[Renumbered 367.220]
366.645
[Renumbered 367.226]
366.650
[Renumbered 367.228]
366.655
[Renumbered 367.230]
366.660
[Renumbered 367.232]
366.665
[Renumbered 367.234]
366.670
[Renumbered 367.236]
366.675
[Renumbered 367.238]
366.680
[Renumbered 367.240]
366.685
[Renumbered 367.242]
366.688 [1953
c.20 §2; renumbered 367.252]