Chapter 374 — Control
of Access to Public Highways
2011 EDITION
CONTROL OF ACCESS TO PUBLIC HIGHWAYS
HIGHWAYS, ROADS, BRIDGES AND FERRIES
THROUGHWAYS
374.005 Policy
and purpose of ORS 374.005 to 374.095
374.010 “Throughway”
defined
374.015 Department
of Transportation to establish and maintain throughways; highways to be
designated throughways
374.020 Interference
with railroad facilities prohibited
374.025 Change
from throughway to highway
374.030 Separation
of throughways into separate roadways; ingress and egress
374.035 Acquisition
of real property; effect of resolution
374.040 Acquisition
of land not immediately needed
374.045 Payment
for land acquired
374.050 Parties
bringing eminent domain proceedings
374.055 Evidentiary
purposes of improvement plan
374.060 Power
of Department of Transportation as to intersecting streets and roads
374.065 Intersection
of throughways and county roads
374.070 Throughways
in cities; intersecting streets
374.075 Cooperation
of municipal and county authorities with Department of Transportation
374.080 Agreements
with federal government, counties and cities
374.085 Severance
by throughway of agricultural land
374.090 Destruction
by throughway of access to agricultural property
374.095 Utility
roads where access to abutting property affected
APPROACH ROADS, PRIVATE CROSSINGS AND
OTHER FACILITIES UPON RIGHT OF WAY
\374.300 Legislative
intent
374.302 Definitions
374.305 Necessity
of permission to build on rights of way
374.307 Removal
or repair of installation constructed without permission
374.309 County
permits; rules
374.310 State
permits; rules
374.311 Permit
standards; rules
374.312 Rules
regarding permits for approach roads; intergovernmental agreements
374.313 Claim
for relief after closure of approach road; mediation; rules; appraisal
374.314 Traffic
impact analysis; rules
374.315 Construction
under permits; maintenance after construction
374.320 Removal
or repair of installation on right of way at expense of applicant
374.325 Effect
of ORS 374.305 to 374.325
374.326 Collaboration
with highway users
374.328 Highway
classification
374.329 Agreements
with cities
374.330 Prior
status preserved
374.335 Driving
certain motor vehicles across public highway not considered operation on highway
Note Access
Management Oversight Task Force--2011 c.330 §§27,28
374.340 Cattle
crossings under public road
374.345 Rules
regarding turning onto state highway from approach road
374.350 Process
for appeal of decisions regarding access to highways
374.355 Dispute
resolution procedures; rules
374.360 Access
Management Dispute Review Board
RIGHTS APPURTENANT TO PROPERTY ABUTTING
CERTAIN HIGHWAYS AND ROADS
374.405 Access
rights of property abutting on state highways
374.410 Department
of Transportation to prescribe access rights of abutting property
374.415 Action
to prevent entering or leaving state highways in manner not authorized
374.420 County
throughways; rights of abutting property owners
374.425 County
court to prescribe access rights of abutting property
374.430 Action
to prevent entering or leaving county roads in unauthorized manner
PENALTIES
374.990 Penalty
for violation of ORS 374.305 or rule adopted under ORS 374.309 or 374.310
THROUGHWAYS
374.005 Policy and purpose of ORS 374.005
to 374.095. (1) The kind, character and volume of
traffic now moving over public highways, the speed at which such traffic moves,
the prime and essential factors such as speed, safety and convenience to which
transportation of persons and property over public highways is entitled, the
relation which such transportation bears to the transportation systems of other
states and of the nation as a whole, the ever-increasing toll of injury to and
death of persons and the destruction of and damage to property caused by and
resulting from accidents on public highways constitute and are conditions and
elements which demand of highway officials a program of highway designing,
highway regulations, highway use and operation, highway controls and highway
safeguards which will make possible and insure a degree of safety and
convenience and a type and class of service not possible under existing law.
(2)
To the end that human lives may be saved, property damage minimized,
transportation by motor vehicle promoted and highway travel in general
safeguarded, the legislature finds, determines and declares that ORS 374.005 to
374.095 is necessary for the preservation of public safety, the improvement and
development of transportation facilities in the state, the protection of highway
traffic from the hazards of unrestricted and unregulated entry from adjacent
property, the elimination of hazards due to highway grade intersections and in
general the promotion of public welfare.
374.010 “Throughway” defined.
As used in ORS 374.005 to 374.095, “throughway” means a highway or street
especially designed for through traffic, over, from or to which owners or
occupants of abutting land or other persons have no easement of access or only
a limited easement of access, light, air or view, by reason of the fact that
their property abuts upon the throughway or for any other reason.
374.015 Department of Transportation to
establish and maintain throughways; highways to be designated throughways.
(1) The Department of Transportation, in addition to and without restricting,
limiting or repealing any powers and authority which it now has, may lay out,
locate, relocate, adopt, establish, construct, designate, maintain and
supervise the use and operation of new highways known as throughways.
(2)
Any relocated section of an existing highway and such portions of existing
highways, which at the time they are designated as throughways have less than
10 commercial businesses abutting thereon catering to the motoring public in
any one mile of such existing highway, may be designated and constructed as or
converted into a throughway by the department. As used in this subsection, “relocated”
means a highway or section thereof so located that for its construction an
entirely new right of way is necessary.
(3)
The authority and power of the department extends to and includes state
highways within the corporate limits of cities, and with the approval of the
municipal authorities may extend to and include city streets.
374.020 Interference with railroad facilities
prohibited. No throughway shall be established upon
or across the tracks, yards, station grounds or other operating properties of
any common carrier railroad, or upon or across any industrial or business
property served by railroad industrial trackage, or upon or across any property
at such a location as to unduly interfere with the reasonable access of
shippers, passengers or the public to railroad depots, team tracks or other
facilities for receiving or delivering freight or passengers transported by
railroad unless the Department of Transportation and the railroad agree on a
proposed throughway project. [Amended by 1995 c.733 §94]
374.025 Change from throughway to highway.
Any state highway or section thereof which has been located, established,
designated and constructed as a throughway may, in whole or in part, be changed
from a throughway to an ordinary highway by the Department of Transportation if
in its judgment such action will best serve public needs.
374.030 Separation of throughways into
separate roadways; ingress and egress. (1) The
Department of Transportation may so design a throughway and so regulate,
restrict or prohibit access thereto and use thereof as to best serve the
traffic for which the throughway is intended. In this connection and for such
purpose the department may divide and separate any throughway into separate
roadways or lanes by the construction of raised curbings, central dividing
sections or other physical separations, or by designating separate roadways or
lanes by signs, markers or stripes and the proper lanes for traffic by
appropriate signs, markers, stripes or other devices.
(2)
After any highway has been so marked or designed no person has any right of
ingress or egress to, from or across the highway to or from abutting lands,
except at such points as may be designated by the department.
374.035 Acquisition of real property;
effect of resolution. (1) The Department of
Transportation may, in the name of the state, acquire by agreement, donation or
exercise of the power of eminent domain, fee title to or any interest in any
real property, including easements of air, view, light and access, which in the
opinion or judgment of the department is deemed necessary for the construction
of any throughway, the establishment of any section of an existing state road
or highway as a throughway or the construction of a service road. The
department may accomplish such acquisition in the same manner and by the same
procedure as real property is acquired for state highway purposes, except that
in case the acquisition is by proceedings in eminent domain the resolution
required under such procedure shall specify, in addition to other provisions
and requirements of law, that the real property is required and is being
appropriated for the purpose of establishing, constructing and maintaining a
throughway.
(2)
A resolution adopted by the department stating and setting forth that a
proposed highway is to be constructed as a throughway is conclusive evidence
that the highway when constructed is a throughway with all the characteristics
and incidents prescribed by and provided for in ORS 374.005 to 374.095.
374.040 Acquisition of land not
immediately needed. Whenever it becomes necessary to
acquire any real property for use in connection with the location, relocation,
construction, reconstruction, improvement and maintenance of any throughway or
section thereof or for a service road, the Department of Transportation may, in
its discretion, acquire an entire lot, block or tract of land if by so doing
the interests of the owner and the state will be best served, even though the
entire tract is not immediately needed for the highway proper. This provision
and authority shall apply to and be effective whether the real property is
acquired by purchase, agreement or exercise of the power of eminent domain.
374.045 Payment for land acquired.
The Department of Transportation may pay the cost incident to the acquisition
of real property or any interest therein for the establishment, location and
relocation of throughways and their construction, reconstruction and
maintenance out of state highway funds in the same manner that such funds are
disbursed for other highway purposes by the department.
374.050 Parties bringing eminent domain
proceedings. In case an agreement provided for in
ORS 374.080 has been entered into, proceedings in eminent domain for the
acquisition of real property or any interest therein deemed necessary therefor,
may be brought in the name of the state by the Department of Transportation,
alone or jointly with any city, county or city and county which are parties to
the agreement.
374.055 Evidentiary purposes of
improvement plan. In any proceeding in eminent
domain evidence of the entire plan of improvement is admissible for the purpose
of determining:
(1)
Value of property taken.
(2)
All damages by reason of deprivation of right of access to any highway to be
constructed, established or maintained as a throughway.
(3)
The damages which, if the property sought to be condemned constitutes a part of
a larger parcel, will accrue to the portion not sought to be condemned by
reason of its severance from the portion sought to be condemned and by reason
of the construction of the improvement in the manner proposed.
374.060 Power of Department of
Transportation as to intersecting streets and roads.
The Department of Transportation, with the official approval of municipal
authorities of cities with respect to city streets and with the official
approval of the county court or board of county commissioners of any county
with respect to county roads, may:
(1)
Close any street, highway or road at or near the point of its intersection with
a throughway; or
(2)
Make provision for carrying the street or road over or under the throughway; or
(3)
Provide a connection with a throughway by means of a utility or service road to
a suitable point of connection; and
(4)
Do any and all work on the street, highway or road as is necessary therefor.
374.065 Intersection of throughways and
county roads. (1) The Department of Transportation
shall provide for the intersection of throughways by county roads running into
or across throughways.
(2)
Any county road may be closed at the points where it runs into or intersects
the throughway if the consent of the county court or board of county
commissioners of the county in which the road is located is first obtained.
(3)
After the establishment of a throughway, no county road shall be constructed
running into or intersecting the throughway unless its plans and specifications
have first been submitted to and approved in writing by the department. This
approval shall be made a matter of record by the department and by the county
court or board of county commissioners.
374.070 Throughways in cities; intersecting
streets. (1) Should any portion or section of a
throughway be within the corporate limits of a city, provision shall be made
for access thereto from existing streets at points designated by the municipal
authorities of the city. In the event plans and specifications are submitted to
the municipal authorities of the city by the Department of Transportation and
the municipal authorities fail to designate such points within 60 days
thereafter, the designation may be made by the department.
(2)
After establishment of any throughway in or through a municipality, no street
shall be constructed turning into or intersecting the throughway unless the
plans and specifications therefor have first been submitted to and approved in
writing by the department and made a matter of official record.
(3)
Nothing in this section prohibits the closing of any street at the point where
it runs into or intersects any throughway by the proper municipal authorities
in the manner provided by law.
374.075 Cooperation of municipal and
county authorities with Department of Transportation.
The municipal authorities of cities and the county court or board of county
commissioners of any county may do anything or all things necessary to
cooperate with the Department of Transportation for laying out, acquiring and
constructing any section or portion of any street or highway within their
respective jurisdiction as a throughway and to convert any existing street or
highway into a throughway.
374.080 Agreements with federal government,
counties and cities. The Department of Transportation
may enter into cooperative agreements with the federal government and with any
county or city for the location, adoption, construction and maintenance of a
throughway either within or without the corporate limits of any city, with
respect to highways under the exclusive jurisdiction of the department, roads
under the jurisdiction of the county court or board of county commissioners and
streets under the exclusive jurisdiction of cities, and may, in such
agreements, agree upon the allocation of costs of the project, the manner and
method of maintenance and all other relevant matters.
374.085 Severance by throughway of
agricultural land. Wherever by the location,
relocation, establishment and construction or reconstruction of a throughway
under ORS 374.005 to 374.095 real property, title to which is held under one
ownership, is severed and the land is being used for farm or other agricultural
purposes, provision shall be made by the Department of Transportation for
crossing the highway from one such tract to the other or compensation for the
severance of the tract shall be paid. Should such tracts at any time cease to
be held under one ownership, the department may terminate and discontinue the
road crossings. No such connecting-road crossing shall be used for or in
connection with the conduct of any roadside business or enterprise, but shall
be available and used solely for passage from one of the severed tracts to the
other.
374.090 Destruction by throughway of
access to agricultural property. Whenever a
throughway is located, relocated, constructed or reconstructed through or over
farm or agricultural property and thereby all reasonable ingress and egress
have been destroyed, the Department of Transportation shall provide access from
the abutting properties to the throughway by a service road or by direct
access, unless by agreement with the owners of the abutting properties access
to the throughway has been waived by the property owner or has been acquired by
the state by agreement or exercise of the power of eminent domain.
374.095 Utility roads where access to abutting
property affected. If under ORS 374.005 to 374.095
any existing highway or section of existing highway is converted into a throughway,
by reason thereof real properties then occupied and used are affected and such
abutting real properties are dependent upon the existing highway or section of
highway for ingress and egress, the Department of Transportation shall provide
a utility or service road to serve the properties. This utility or service road
shall be constructed and maintained by the state at state expense and shall
follow a location or route immediately parallel to and adjoining the
throughway. After the service or utility road has been constructed the abutting
land owner’s right of reasonable view shall not be impaired.
374.205
[Repealed by 1967 c.497 §7]
374.210
[Repealed by 1967 c.497 §7]
374.215
[Repealed by 1967 c.497 §7]
374.220
[Amended by 1957 c.459 §3; repealed by 1967 c.497 §7]
374.225
[Repealed by 1967 c.497 §7]
374.230
[Repealed by 1967 c.497 §7]
374.235
[Repealed by 1967 c.497 §7]
374.240
[Repealed by 1967 c.497 §7]
374.245
[Repealed by 1967 c.497 §7]
374.250
[Repealed by 1967 c.497 §7]
374.255 [Repealed
by 1967 c.497 §7]
374.260
[Repealed by 1967 c.497 §7]
374.265
[Renumbered 374.335]
374.270
[Renumbered 374.340]
APPROACH ROADS, PRIVATE CROSSINGS AND
OTHER FACILITIES UPON RIGHT OF WAY
374.300 Legislative intent.
It is the intent of the Legislative Assembly that the Department of
Transportation, local governments and regional governments work collaboratively
to achieve accessibility and mobility goals for a balanced transportation
system. [1999 c.972 §1]
374.302 Definitions.
As used in ORS 374.302 to 374.330:
(1)
“Approach road” includes a private road that crosses a state highway or a
county road.
(2)
“Channelization” means the roadway lane configuration necessary to safely
accommodate turning movements from the highway to an intersecting approach.
(3)
“District highway” means a state highway that has been classified by the Oregon
Transportation Commission as a district highway.
(4)
“Expressway” means a state highway that has been designated by the commission
as an expressway.
(5)
“Interstate highway” means a state highway that has been classified by the
commission as an interstate highway.
(6)
“Move in the direction of” means a change in an approach to a property abutting
the highway that would bring a property closer to conformance with existing
highway standards.
(7)
“Peak hour” means the hour during which the highest volume of traffic enters
and exits the property during a typical week.
(8)
“Private approach” means an approach that serves one or more properties and
that is not a public approach.
(9)
“Private road crossing” means a privately owned road designed for use by trucks
that are prohibited by law from using state highways, county roads or other
public highways.
(10)
“Public approach” means an existing or planned city street or county road
connection that provides vehicular access to and from a highway.
(11)
“Regional highway” means a state highway that has been classified by the
commission as a regional highway.
(12)
“Sight distance” means a length of highway that a driver can see with an
acceptable level of clarity.
(13)
“State highway” means a highway that is under the jurisdiction of the
Department of Transportation.
(14)
“Statewide highway” means a state highway that has been classified by the
commission as a statewide highway.
(15)
“Trip” means a one-way vehicular movement that consists of a motor vehicle
entering or exiting a property.
(16)
“Unincorporated community” means a settlement that is not incorporated as a
city and that lies outside the urban growth boundary of any city. [2011 c.330 §2]
374.305 Necessity of permission to build
on rights of way. (1) A person may not place,
build or construct on the right of way of any state highway or county road, any
approach road, structure, pipeline, ditch, cable or wire, or any other
facility, thing or appurtenance, or substantially alter any such facility,
thing or appurtenance or change the manner of using any such approach road
without first obtaining written permission from the Department of
Transportation with respect to state highways or the county court or board of
county commissioners with respect to county roads.
(2)
After written notice of not less than 10 days to the permittee and an
opportunity for a hearing, the department with respect to crossings over a
state highway and the county court or board of county commissioners with
respect to crossings over a county road may abolish any crossing at grade by a
private road or may alter or change any private road crossing when the public
safety, public convenience and the general welfare require the alteration or
change. [Amended by 1955 c.424 §1; 1957 c.323 §1; 1967 c.497 §1; 2011 c.330 §3]
374.307 Removal or repair of installation
constructed without permission. (1) If any
person, firm or corporation builds or constructs on the right of way of any
state highway or county road any approach road or any other facility, thing or
appurtenance without first obtaining the written permission required by ORS
374.305, the Department of Transportation or the county governing body shall,
after the expiration of 30 days following the transmittal of a written notice
to such person, firm or corporation, at the expense of such person, firm or
corporation, remove all such installations from the right of way or
reconstruct, repair or maintain any such installation in accordance with or as
required by the rules and regulations. This expense may be recovered from such
person, firm or corporation by the state or county in any court of competent
jurisdiction.
(2)
Notwithstanding subsection (1) of this section, if the Department of
Transportation, county governing body or designated agent of the department or
governing body, whichever is applicable, determines that a traffic or
pedestrian hazard is created by the construction which causes imminent danger
of personal injury, it may:
(a)
Order the construction removed, repaired or maintained to eliminate the hazard,
within 24 hours after delivery of written notice to the person, firm or
corporation which caused the construction, and to the owner of the property on
which the construction occurred.
(b)
If the hazard is not removed within the time set under paragraph (a) of this
subsection, remove the hazard and recover the expenses of any removal, repair
or maintenance from any such person, firm or corporation in any court of
competent jurisdiction. [1955 c.424 §5; 1979 c.873 §1]
374.309 County permits; rules.
(1) The county court or board of county commissioners shall adopt reasonable
rules and regulations and may issue permits, not inconsistent with law, for the
use of the rights of way of county roads for the purposes described in ORS
374.305.
(2)
Rules and regulations adopted and permits issued under subsection (1) of this
section shall include provisions, terms and conditions that in the judgment of
the granting authority are in the best interest of the public for the
protection of the road and the traveling public and may include, but need not
be limited to:
(a)
Provisions for construction of culverts under approaches, requirements as to
depth of fills over culverts and requirements for drainage facilities, curbs,
islands and other facilities for traffic channelization as may be deemed
necessary.
(b)
With respect to private road crossings, additional provisions for the angle of
intersection, crossing at grade or other than grade, sight distances, safety
measures including flaggers, crossing signs and signals, reinforcement for
protection of the road, maintenance of the crossing and for payment by the
applicant of any of the costs of complying with the provisions.
(c)
With respect to private road crossings, the granting authority may also require
the applicant to furnish:
(A)
Public liability and property damage insurance in a sum fixed by the granting
authority that indemnifies the members, officers, employees and agents of the
granting authority from any claim that might arise on account of the granting
of the permit and the crossing of the road by vehicles operating under the
permit; and
(B)
Indemnity insurance, an indemnity bond or an irrevocable letter of credit
issued by an insured institution as defined in ORS 706.008 in a sum fixed by
the granting authority, indemnifying the granting authority for any damage to
the roads that may be caused by the use of the crossing.
(3)
The powers granted by this section and ORS 374.315 may not be exercised so as
to deny any property abutting the road reasonable access. In determining what
is reasonable access, the county court or board of county commissioners shall
apply the following criteria:
(a)
The access must be sufficient to allow the authorized uses for the property
identified in the acknowledged local comprehensive plan.
(b)
The type, number, size and location of approaches must be adequate to serve the
volume and type of traffic reasonably anticipated to enter and exit the
property, based on the planned uses for the property. [2011 c.330 §8]
374.310 State permits; rules.
(1) The Department of Transportation shall adopt rules consistent with this
section and ORS 374.312 to govern the process of application for issuance of
permits for approach roads to state highways by owners of property abutting
highways. However, the department may not issue a permit for the construction
of any approach road at a location where no rights of access exist between the
highway and abutting real property.
(2)
The rules and permits shall include provisions, terms and conditions that in
the judgment of the department are in the best interest of the public for the
protection of the highway and the traveling public and may include, but need
not be limited to:
(a)
Provisions for construction of culverts under approaches, requirements as to
depth of fills over culverts and requirements for drainage facilities, curbs,
islands and other facilities for traffic channelization as may be deemed
necessary.
(b)
With respect to private road crossings, additional provisions for the angle of
intersection, crossing at grade or other than grade, sight distances, safety
measures including flaggers, crossing signs and signals, reinforcement for
protection of the highway, maintenance of the crossing and for payment by the
applicant of any of the costs of complying with the provisions.
(c)
With respect to private road crossings, the department may also require the
applicant to furnish:
(A)
Public liability and property damage insurance in a sum fixed by the department
that indemnifies the officers, employees and agents of the department from any
claim that might arise on account of the granting of the permit and the crossing
of the highway by vehicles operating under the permit; and
(B)
Indemnity insurance, an indemnity bond or an irrevocable letter of credit
issued by an insured institution as defined in ORS 706.008 in a sum fixed by
the department that indemnifies the department for any damage to the highways
that may be caused by the use of the crossing.
(3)
The powers granted by this section and ORS 374.315 may not be exercised so as
to deny any property abutting the highway reasonable access. In determining
what is reasonable, the department shall apply the following criteria:
(a)
The access must be sufficient to allow the authorized uses for the property
identified in the acknowledged local comprehensive plan.
(b)
The type, number, size and location of approaches must be adequate to serve the
volume and type of traffic reasonably anticipated to enter and exit the
property, based on the planned uses for the property.
(4)
The department’s determination that the access is sufficient to allow the
authorized uses for the property identified in the acknowledged local
comprehensive plan under subsection (3)(a) of this section, or that the type,
number, size and location of approaches is adequate to serve the volume and
type of traffic reasonably anticipated to enter and exit the property, based on
the planned uses for the property, under subsection (3)(b) of this section,
shall be based on the economic development needs of the property abutting the
highway for its authorized and planned uses, subject only to consideration of
safety and highway operations. The department shall have the burden of
establishing safety and highway operations concerns.
(5)
An approach permit is not required for a public approach.
(6)
The department may not charge any fee for issuance of a permit under this
section for construction of an approach road. [Amended by 1955 c.424 §2; 1957
c.323 §2; 1967 c.497 §2; 1991 c.331 §59; 1997 c.249 §119; 1997 c.631 §467; 1999
c.974 §3; 2003 c.371 §1; 2005 c.837 §15; 2010 c.31 §1; 2011 c.330 §§4,5]
______________________________________________________________________________
374.311 Permit standards; rules.
The objective standards for spacing, channelization and sight distance for
decisions to approve, modify or deny an approach permit are as follows:
(1)
When making a decision to approve or deny an application for an approach permit
under ORS 374.312, the Department of Transportation shall apply, as one of the
standards, the standards in Table 1 for spacing between approaches on highway
segments where the annual average daily traffic is 5,000 or fewer motor
vehicles:
______________________________________________________________________________
TABLE 1
Regional
Highways Statewide
District Highways
Highways Statewide Statewide Unincorporated
Rural and Highways Highways Communities
Speed Urban Rural Areas Urban Areas Rural
Areas
(miles per (distance (distance (distance (distance
hour) in feet) in feet) in feet) in
feet)
55 or higher 650 1,320 1,320 1,320
50 425 1,100 1,100 1,100
40 & 45 360 990 360 750
30 & 35 250 770 250 425
25 or lower 150 550 150 350
______________________________________________________________________________
(a) For spacing between private
approaches, the spacing standards described in Table 1 apply to the distance
measured along the highway from the center of an existing or proposed private
approach to the center of the nearest existing or proposed private approach on
the same side of the highway in both directions. For spacing between a private
and a public approach, the standard applies to the distance measured in both
directions along the highway from the center of an existing or proposed private
approach to the center of the nearest intersection of the highway with a public
approach or another state highway.
(b) The spacing standards for approaches
on one-way highways or highways with a raised or depressed nontraversable
median where only a right-hand or left-hand turn into and from the approach is
allowed are one-half the spacing standards for highways where the annual average
daily traffic is more than 5,000 motor vehicles as described in Table 2.
(c) Special transportation areas, access
management plans, corridor plans, interchange area management plans or
interchange management areas, as designated by the Oregon Transportation
Commission, may have spacing standards that take precedence over the spacing
standards described in Table 1.
(d) For a signalized private approach,
signal spacing standards established by the department by rule supersede the
spacing standards described in Table 1.
(e) The spacing standards in Table 1 do
not apply to approaches in existence prior to January 1, 2012, except when:
(A) A new or change of use of an approach
permit is required under ORS 374.312.
(B) Infill development or infill redevelopment
occurs and spacing or safety will be improved by moving in the direction of the
spacing standards described in Table 1.
(C) A highway or interchange project
occurs and spacing or safety will be improved by moving in the direction of the
spacing standards described in Table 1.
(f) The spacing standards for a statewide
highway, regional highway or district highway that is designated as an
expressway by the commission where the annual average daily traffic is 5,000 or
fewer motor vehicles are described in Tables 2 to 4.
(2) When making a decision to approve or
deny an application for an approach permit, the department shall apply, as one
of the standards, the standards in Table 2 for spacing between approaches on
statewide highways where the annual average daily traffic is more than 5,000
motor vehicles:
______________________________________________________________________________
TABLE 2
Expressway Expressway
Speed Rural Areas Urban Areas Rural Areas Urban
Areas
(miles (distance (distance (distance (distance
per hour) in feet) in feet) in feet) in
feet)
55 or higher 5,280 2,640 1,320 1,320
50 5,280 2,640 1,100 1,100
40 & 45 5,280 2,640 990 800
30 & 35 - - 770 500
25 & lower - - 550 350
______________________________________________________________________________
(a) For spacing between private
approaches, the spacing standards described in Table 2 apply to the distance
measured along the highway from the center of an existing or proposed private
approach to the center of the nearest existing or proposed private approach on
the same side of the highway in both directions. For spacing between a private
and a public approach, the standard applies to the distance measured in both
directions along the highway from the center of an existing or proposed private
approach to the center of the nearest intersection of the highway with a public
approach or another state highway.
(b) The spacing standards for approaches
on one-way highways or highways with a raised or depressed nontraversable
median where only a right-hand or left-hand turn into and from the approach is
allowed are one-half the spacing standards described in Table 2.
(c) Special transportation areas, access
management plans, corridor plans, interchange area management plans or interchange
management areas, as designated by the commission, may have spacing standards
that take precedence over the spacing standards described in Table 2.
(d) For a signalized private approach,
signal spacing standards established by the department by rule supersede the
spacing standards described in Table 2.
(e) The spacing standards in Table 2 do
not apply to approaches in existence prior to January 1, 2012, except when:
(A) A new or change of use of an approach
permit is required under ORS 374.312.
(B) Infill development or infill
redevelopment occurs and spacing and safety will be improved by moving in the
direction of the spacing standards described in Table 2.
(C) A highway or interchange project
occurs and spacing and safety will be improved by moving in the direction of
the spacing standards described in Table 2.
(f) The spacing standards described in
Table 2 for a statewide highway that is designated as an expressway by the
commission also apply to an expressway where the annual average daily traffic
is 5,000 or fewer motor vehicles.
(3) When making a decision to approve or
deny an application for an approach permit, the department shall apply, as one
of the standards, the standards in Table 3 for the spacing between approaches
on regional highways where the annual average daily traffic is more than 5,000
motor vehicles:
______________________________________________________________________________
TABLE 3
Expressway Expressway
Speed Rural Areas Urban Areas Rural Areas Urban
Areas
(miles (distance (distance (distance (distance
per hour) in feet) in feet) in feet) in
feet)
55 or higher 5,280 2,640 990 990
50 5,280 2,640 830 830
40 & 45 5,280 2,640 750 500
30 & 35 - - 600 350
25 & lower - - 450 250
______________________________________________________________________________
(a) For spacing between private
approaches, the spacing standards described in Table 3 apply to the distance
measured along the highway from the center of an existing or proposed private
approach to the center of the nearest existing or proposed private approach on
the same side of the highway in both directions. For spacing between a private
and a public approach, the standard applies to the distance measured in both
directions along the highway from the center of an existing or proposed private
approach to the center of the nearest intersection of the highway with a public
approach or another state highway.
(b) The spacing standards for approaches
on one-way highways or highways with a raised or depressed nontraversable
median where only a right-hand or left-hand turn into and from the approach is
allowed are one-half the spacing standards described in Table 3.
(c) Special transportation areas, access
management plans, corridor plans, interchange area management plans or
interchange management areas, as designated by the commission, may have spacing
standards that take precedence over the spacing standards described in Table 3.
(d) For a signalized private approach,
signal spacing standards established by the department by rule supersede the
spacing standards described in Table 3.
(e) The spacing standards in Table 3 do
not apply to approaches in existence prior to January 1, 2012, except when:
(A) A new or change of use of an approach
permit is required under ORS 374.312.
(B) Infill development or infill
redevelopment occurs and spacing and safety will be improved by moving in the
direction of the spacing standards described in Table 3.
(C) A highway or interchange project
occurs and spacing and safety will be improved by moving in the direction of
the spacing standards described in Table 3.
(f) The spacing standards described in
Table 3 for a regional highway that is designated as an expressway by the
commission also applies to an expressway where the annual average daily traffic
is 5,000 or fewer motor vehicles.
(4) When making a decision to approve or
deny an application for an approach permit, the department shall apply, as one
of the standards, the standards in Table 4 for the spacing between approaches
on district highways where the annual average daily traffic is more than 5,000
motor vehicles:
______________________________________________________________________________
TABLE 4
Expressway Expressway
Speed Rural Areas Urban Areas Rural Areas Urban
Areas
(miles (distance (distance (distance (distance
per hour) in feet) in feet) in feet) in
feet)
55 or higher 5,280 2,640 700 700
50 5,280 2,640 550 550
40 & 45 5,280 2,640 500 500
30 & 35 - - 400 350
25 & lower - - 400 250
______________________________________________________________________________
(a) For spacing between private
approaches, the spacing standards described in Table 4 apply to the distance
measured along the highway from the center of an existing or proposed private
approach to the center of the nearest existing or proposed private approach on
the same side of the highway in both directions. For spacing between a private
and a public approach, the standard applies to the distance measured in both
directions along the highway from the center of an existing or proposed private
approach to the center of the nearest intersection of the highway with a public
approach or another state highway.
(b) The spacing standards for approaches
on one-way highways or highways with a raised or depressed nontraversable
median where only a right-hand or left-hand turn into and from the approach is
allowed are one-half the spacing standards described in Table 4.
(c) Special transportation areas, access
management plans, corridor plans, interchange area management plans or
interchange management areas, as designated by the commission, may have spacing
standards that take precedence over the spacing standards described in Table 4.
(d) For a signalized private approach,
signal spacing standards established by the department by rule supersede the
spacing standards described in Table 4.
(e) The spacing standards in Table 4 do
not apply to approaches in existence prior to January 1, 2012, except when:
(A) A new or change of use of an approach
permit is required under ORS 374.312.
(B) Infill development or infill
redevelopment occurs and spacing and safety will be improved by moving in the
direction of the spacing standards described in Table 4.
(C) A highway or interchange project
occurs and spacing and safety will be improved by moving in the direction of
the spacing standards described in Table 4.
(f) The spacing standards described in
Table 4 for a district highway that is designated as an expressway by the
commission also apply to an expressway where the annual average daily traffic
is 5,000 or fewer motor vehicles.
(5)(a) The department may require
channelization on the highway as a condition for the approval of an approach
permit if any of the following conditions exist:
(A) The number of average daily trips at
the property exceeds 400 when the property is located on a two-lane highway
with an annual average daily traffic of 5,000 or more motor vehicles.
(B) The number of average daily trips at
the property exceeds 400 when the property is located on a four-lane highway
with an annual average daily traffic of 10,000 or more motor vehicles.
(C) The product of the number of average
daily trips at the property multiplied by the annual average daily traffic on
the highway is equal to or greater than the products listed in the table below:
______________________________________________________________________________
TABLE 5
Product of Property’s Average Daily Trips
Multiplied by the
Abutting Highway’s Annual Average Daily Traffic
(Millions)
Number of Speed Speed Speed Speed
highway 25 mph 30-35 40-45 50
mph
lanes or lower mph mph or
higher
2 lanes 5.1 3.9 1.8 1.3
4 lanes 10.2 7.8 3.6 2.6
______________________________________________________________________________
(b) The number of average daily trips at a
property may be determined by a traffic impact analysis or from national
standards, as determined by the department. A vehicle that enters and exits a
property has made two trips.
(c) The annual average daily traffic for a
state highway may be determined from the most recent edition of the
transportation volume tables published annually by the department. The
department shall post the transportation volume tables on the department’s
website.
(6) The department may adopt by rule a
standard for sight distance based on nationally accepted standards.
(7) As used in this section:
(a) “Infill development” means the
development of vacant or remnant land that has been passed over by previous
development and that is consistent with zoning. Infill occurs in urban areas.
It may also occur in rural areas on commercially or industrially zoned land
where the land has been developed into an urban block pattern including a local
street network where the highway speed is 45 miles per hour or less.
(b) “Infill redevelopment” means changing
an existing development including replacement, remodeling or reuse of existing
structures to accommodate new development that is consistent with current
zoning. Redevelopment occurs in urban areas. It may also occur in rural areas
on commercially or industrially zoned land where the land has been developed
into an urban block pattern including a local street network and where the
highway speed is 45 miles per hour or less.
(c) “Rural” means the area outside an
urban growth boundary, the area outside a special transportation area in an
unincorporated community or the area outside an urban unincorporated community.
(d) “Speed” means the speed limit
established in ORS 811.111 or the designated speed posted under ORS 810.180.
(e) “Urban” means the area within an urban
growth boundary, the area within a special transportation area of an
unincorporated community or the area within an urban unincorporated community. [2011
c.330 §17]
Note:
374.311 and 374.314 were added to and made a part of 374.302 to 374.330 by
legislative action but were not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.
______________________________________________________________________________
374.312
Rules regarding permits for approach roads; intergovernmental agreements.
(1) It is the intent of the Legislative Assembly to develop a highway access
management system based on objective standards that will balance the economic
development objectives of properties abutting state highways with the
transportation safety and access management objectives of state highways, in a
manner consistent with local transportation system plans and the land uses
permitted in the local comprehensive plans acknowledged under ORS chapter 197.
The Department of Transportation shall comply with the legislative directives,
objective standards and procedures established in this section for the
governance of the process for application by and the issuance of approach
permits to owners of property abutting the highway and shall adopt rules
consistent with this section.
(2) The department shall make its final
decision, including resolution of all internal appeals, to grant or deny an
approach permit within 120 days of the date the department deems an application
for an approach permit complete, unless the applicant and the department agree
to an extension.
(3) The department shall make its decision
to grant or deny an approach permit based on the provisions of this section,
the spacing, channelization and sight distance standards described in ORS
374.311 or the standards and criteria in effect on the date that the
application was filed.
(4) A new approach permit for a change of
use of an approach is required for a private approach if:
(a)(A)(i) The number of peak hour trips
increases by 50 trips or more from that of the property’s prior use; or
(ii) The number of trips on a typical day
increases by 500 trips or more from that of the property’s prior use; and
(B) The increase described in subparagraph
(A)(i) or (ii) of this paragraph represents a 20 percent or greater increase in
the number of peak hour trips or the number of trips on a typical day from that
of the property’s prior use;
(b) The daily use of a private approach
increases by 10 or more vehicles with a gross vehicle weight rating of 26,000
pounds or greater;
(c) The department demonstrates that
safety or operational problems related to the approach are occurring on a
highway as provided in subsection (10)(g) of this section. Any required
mitigation measures shall be limited to addressing the identified safety or
operational problems; or
(d) The approach does not meet the
stopping sight distance standards of this section, as measured in feet, of 10
times the speed limit established in ORS 811.111 or the designated speed posted
under ORS 810.180 for the highway as measured in miles per hour, or 10 times
the 85th percentile speed of the highway where the 85th percentile speed is
higher or lower than the speed limit established in ORS 811.111 or the
designated speed posted under ORS 810.180. The permit holder may perform a
study to determine if the 85th percentile speed is higher or lower than the
speed limit established in ORS 811.111 or the designated speed posted under ORS
810.180. The sight distance measurement and the study to determine the 85th
percentile speed shall be performed according to published department
procedures by or under the supervision of an engineer registered in Oregon.
(5)(a) When a change of use of an approach
permit is required under subsection (4) of this section, the department shall
approve an application if the application proposes an approach that moves in
the direction of conforming with the spacing, channelization and sight distance
standards described in ORS 374.311, subject to consideration of safety and
highway operations.
(b) Whether the application moves in the
direction of conforming with the spacing, channelization and sight distance
standards described in ORS 374.311, while not posing safety or highway
operations concerns, shall be established by the department and the applicant
using a collaborative process, as established by department by rule, that is
made available to the applicant within 30 days of the date the department
determines an application to be complete.
(c) Applications that are deemed to be
moving in the direction of conforming with the spacing, channelization and
sight distance standards described in ORS 374.311 do not require separate
deviations from those standards.
(d) For the purposes of this subsection,
an approach moves in the direction of conforming with the spacing,
channelization or sight distance standards described under ORS 374.311 if one
or more changes are made to the approach that include, but are not limited to:
(A) Eliminating or combining existing
approaches to the highway resulting in a net reduction in the number of
approaches to the highway.
(B) Improving the distance between
approaches.
(C) Improving the sight distance between
approaches.
(D) Widening the existing driveways to
accommodate truck turning radius requirements.
(E) Widening the existing driveways to
accommodate additional exit lanes.
(F) Narrowing the existing driveways to
provide the appropriate number of entry and exit lanes as required for the
property.
(G) Developing a throat on the approach
entrance to allow for more efficient movement of motorists from the highway.
(6) The department shall approve
applications that meet the spacing, channelization or sight distance standards
described in ORS 374.311 subject only to consideration of safety and highway
operations concerns as provided in subsection (10)(g) of this section and the
traffic impact analysis requirements described in ORS 374.314.
(7) Applications that do not meet the spacing,
channelization or sight distance standards described in ORS 374.311 may be
approved with deviations from those standards as follows:
(a) A request for one or more deviations
from the spacing, channelization or sight distance standards described in ORS
374.311 may be included in an application for one or more private approaches
that do not meet the standards.
(b) Unless waived by the department, a
request for a deviation must include a traffic impact analysis provided by the
applicant that addresses a request for deviations from the spacing,
channelization or sight distance standards described in ORS 374.311 for safety
and highway operations.
(c) A request for a deviation may be
approved based upon a determination by the engineer assigned by the department
to analyze the request for a deviation that the approach adequately addresses
the safety and highway operations concerns identified by the department as
provided in subsection (10)(g) of this section.
(d) Where a speed study prepared by an
applicant and agreed to by the department determines that the 85th percentile
speed is lower than the current posted speed, the department may grant a
deviation from sight distance standards based upon the lower speed
determination.
(8) If a property has a right of access
and there is no means of access to the property other than the state highway,
an approach that does not meet the spacing, channelization or sight distance
standards described in ORS 374.311 does not need a deviation from the standards
if the department and the applicant agree on a location of the approach that
optimizes safety, highway operations and site design.
(9) Except as otherwise provided in this
section, the following procedures apply to all applications for an approach
permit:
(a) The department shall determine whether
an application for an approach permit is complete within 30 days of receipt of
the application.
(b) The department shall approve an
application, approve an application with conditions or deny an application:
(A) Within 30 days of the date that the
department determines the application to be complete, for applications that
meet spacing, channelization or sight distance standards described in ORS
374.311; or
(B) Within 60 days of the date that the
department determines the application to be complete for all other types of
applications.
(c) The department may impose reasonable
conditions to mitigate safety or highway operations concerns identified by the
department in its review of the application, as provided in subsection (10)(g)
of this section.
(d) When the department proposes to deny
an approach permit application or approve an application with conditions, the
department shall notify the applicant of its intent and offer the applicant a
collaborative process established by the department by rule.
(e) If the offer of a collaborative
process is declined, the department shall issue its decision in writing with
sufficient specificity regarding any safety or highway operations concerns upon
which the department’s decision is based to allow the applicant to respond.
(f) The department’s decision shall advise
the applicant of the applicant’s rights for dispute resolution processes to
resolve issues relating to the department’s decision as set forth in ORS
374.355.
(10) The following directives apply to all
applications for an approach permit:
(a) All applications are required to meet
sight distance standards described in ORS 374.311 (6) except as otherwise
provided in this section or unless a deviation is otherwise approved by the
department.
(b) Except for highways classified as
interstate highways and highways designated as expressways by the Oregon
Transportation Commission, the department may not use the presence of alternate
access to a property abutting a highway as a basis for denying an approach
permit application, except in rural areas where the presence of alternative
access is a consideration in determining whether to approve or deny a second or
subsequent approach permit application.
(c) The department may not impose
nontraversable medians as a mitigation measure for approach permit applications
unless the department first establishes that no other mitigation measures are
effective or available under the circumstances.
(d) Mobility standards, established by the
department by rule, are not applicable to turning movements from private
approaches during the department’s review of approach permit applications,
except when the ratio of volume to capacity on the proposed private approach is
1.0 or greater.
(e) The department may not require an
applicant to submit a traffic impact analysis except as provided in ORS
374.314.
(f) The department shall utilize an
engineer with relevant experience to review and respond to evidence from a
qualified expert that is submitted by the applicant.
(g) The department shall have the burden
of proving any safety or highway operations concerns relied upon in the
department’s decision to approve an application with conditions or deny an
application. Safety or highway operations concerns that may be applied to the
department’s permit decisions on applications submitted under this section are
limited to one or more of the following unique safety and highway operations
concerns:
(A) Regular queuing on the highway that
impedes turning movements associated with the proposed approach.
(B) Offset approaches that may create the
potential for overlapping left turn movements or competing use of a center turn
lane.
(C) Insufficient distance for weave
movements made by vehicles exiting an approach across multiple lanes in the
vicinity of signalized intersections, roads classified by the Oregon
Transportation Commission as collectors or arterials and on-ramps or off-ramps.
(D) Location of the proposed approach
within a highway segment with a crash rate that is 20 percent higher than the
statewide average for similar highways.
(E) Location of the proposed approach
within a highway segment listed in the top five percent of locations identified
by the safety priority index system developed by the department.
(F) Inadequate sight distance from an
intersection to the nearest driveway on district highways and regional highways
where the speed limit established in ORS 811.111 or the designated speed posted
under ORS 810.180 is 50 miles per hour or higher.
(11) The department shall use the criteria
for determining what constitutes reasonable access as specified in ORS 374.310.
(12) The department shall make its
decision to grant or deny an approach permit on the record. When the department
denies an application or approves an application with conditions, the
department shall issue findings specifying the basis of the decision for the
record. The department shall adopt rules specifying the form of the record.
(13) The department and a local government
may enter into an intergovernmental agreement setting provisions for and
allowing the local government to issue approach permits for regional and
district state highways. The agreement must provide that permits issued by
local governments will be consistent with the highway plan and administrative
rules adopted by the department, with state statutes and with the local
transportation system plan acknowledged under ORS chapter 197. The department
shall adopt rules specifying the circumstances under which authority will be
delegated to a local government.
(14) The department shall develop a
program that allows a person that might be affected by the issuance of the
permit, but that is not the owner of the property subject to the permit, to
express concerns to the department prior to the issuance of the permit. For
purposes of this subsection, persons that might be affected by the issuance of
the permit are the city or county in which the road is located and any person
that owns property adjacent to the proposed access. Nothing in this subsection
gives a city, county or other person that might be affected standing to appeal
any decision of the department regarding granting of the permit. [1999 c.974 §2;
2003 c.371 §2; 2011 c.330 §13]
Note:
374.312 was added to and made a part of 374.302 to 374.330 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
374.313
Claim for relief after closure of approach road; mediation; rules; appraisal.
(1) If the Department of Transportation closes an approach road for which a
permit was issued under ORS 374.310 or that was allowed by law prior to
enactment of statutory permit requirements for approach roads, or if the
department denies an application for an approach road permit submitted pursuant
to a grant or reservation of access contained in a contract, condemnation
judgment or recorded deed, and the closure or denial is not the result of
conditions contained in a contract, condemnation judgment, recorded deed or
permit, a person holding an interest in the real property benefited by the
access or proposed access may file a claim for relief as a contested case under
ORS 183.415 to 183.500.
(2) Prior to issuing a final order in a
contested case under subsection (1) of this section, the Director of
Transportation may provide the opportunity for the parties to participate in
mediation consistent with the applicable provisions of ORS 36.185 to 36.210. In
any alternative dispute resolution proceeding, the director may authorize
administrative remedies, including monetary damages or other relief, as
determined by the department by rule, to address issues related to real
property value, utility or use.
(3) In any proceeding under this section,
any party may cause an appraisal of the subject property to be conducted. If
the difference in value between a property owner’s claim and an offer of
monetary compensation by the department is less than $30,000, the director
shall provide a simplified procedure for resolving the claim. The cost of
conducting an appraisal may be shared by the parties when a mutually acceptable
appraiser can be identified. [1999 c.972 §3; 2005 c.149 §1]
Note:
374.313 was added to and made a part of 374.302 to 374.330 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
374.314
Traffic impact analysis; rules. (1) Except as
provided in subsection (2) of this section, the Department of Transportation
may require a person applying for an approach permit under ORS 374.312 to
submit a traffic impact analysis in conjunction with the application for an
approach permit.
(2) The department may not require a
person applying for an approach permit to submit a traffic impact analysis
when:
(a) The average daily volume of trips at
the property is 400 or fewer trips.
(b) The average daily volume of trips at
the property is more than 400 but fewer than 1,001 trips if:
(A) The highway is a two-lane highway with
fewer than 5,000 motor vehicles in annual average daily traffic;
(B) The highway is a three-lane highway
with fewer than 15,000 motor vehicles in annual average daily traffic;
(C) The highway is a four-lane highway
with fewer than 10,000 motor vehicles in annual average daily traffic; or
(D) The highway is a five-lane highway
with fewer than 25,000 motor vehicles in annual average daily traffic.
(3) The average daily trips at a property
may be determined using nationally recognized standards, as adopted by the
department by rule.
(4) The number of motor vehicles in annual
average daily traffic for a state highway may be determined from the most
recent edition of the transportation volume tables published annually by the
department. The department shall post the transportation volume tables on the
department’s website. [2011 c.330 §18]
Note:
See note under 374.311.
374.315
Construction under permits; maintenance after construction.
All construction under the permits issued under ORS 374.309 and 374.310 shall
be under the supervision of the granting authority and at the expense of the
applicant. After completion of the construction of the particular approach
road, facility, thing or appurtenance, they shall be maintained at the expense
of the applicant and in accordance with the rules and regulations adopted
pursuant to ORS 374.309 and 374.310. [Amended by 2011 c.330 §9]
374.320
Removal or repair of installation on right of way at expense of applicant.
(1) Upon failure of the applicant to construct or maintain the particular
approach road, facility, thing or appurtenance in accordance with the rules and
regulations and the conditions of the permit, the Department of Transportation
or the county governing body shall, after the expiration of 30 days following
the transmittal of a written notice to the applicant, at applicant’s expense,
remove all such installations from the right of way or reconstruct, repair or
maintain any such installation in accordance with or as required by such rules
and regulations and the conditions of such permit. This expense may be
recovered from the applicant by the state or county in any court of competent
jurisdiction.
(2) Notwithstanding subsection (1) of this
section, if the Department of Transportation, county governing body or designated
agent of the department or governing body, whichever is applicable, determines
that a traffic or pedestrian hazard is created by the noncompliance which
causes imminent danger of personal injury, it may:
(a) Order the construction removed,
repaired or maintained to eliminate the hazard, within 24 hours after delivery
of written notice to the applicant, and to the owner of the property on which
the noncompliance occurred.
(b) If the hazard is not removed within
the time set under paragraph (a) of this subsection, remove the hazard and
recover the expenses of any removal, repair or maintenance from the applicant
in any court of competent jurisdiction. [Amended by 1955 c.424 §3; 1979 c.873 §2]
374.325
Effect of ORS 374.305 to 374.325. Nothing in
ORS 374.305 to 374.325 shall:
(1) Limit or affect any of the powers
granted to, or duties imposed upon, the county courts or boards of county
commissioners, the Department of Transportation or the Public Utility
Commission by ORS 758.010 and 758.020, or any rights granted or authorized
under those statutes.
(2) Grant any right for the construction
or placing of an approach road, structure, pipeline, ditch, cable or wire, or
other facility, thing or appurtenance on the right of way of any highway. [Amended
by 1957 c.323 §3]
374.326
Collaboration with highway users. (1) The
Department of Transportation shall work collaboratively with highway users on
all proposals to install a raised or depressed barrier on two-lane segments of
state highways.
(2) As used in this section “highway users”
includes representatives of the freight industry and automobile users and may
include representatives of local government and other transportation
stakeholders, as appropriate. [2011 c.330 §19]
374.328
Highway classification. The Oregon Transportation
Commission shall periodically review, not less often than every six years, the
classification of state highways, including the designation of highway segments
as expressways, as a part of its comprehensive, long-range transportation plan
developed pursuant to ORS 184.618 to ensure that the classifications for the
highways and designations of expressways are appropriate to their uses. [2011
c.330 §20]
374.329
Agreements with cities. (1) When it is determined by the
Department of Transportation and a city that it is in the best interest of
highway users to abandon a segment of the state highway, the department and the
city may enter into an agreement to transfer jurisdiction and ownership of the
segment of state highway to the city.
(2) In addition to funds provided to the
city under ORS 366.800, the department may agree to provide funds annually to
the city for the continued construction, repair, maintenance and improvement of
the abandoned state highway from the State Highway Fund.
(3) The agreement between the department
and the city 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 city, concludes that the restriction is
necessary for the safety of the highway users. Nothing in this section prevents
a city from taking emergency action to protect safety or place weight
restrictions on a structure that is failing or otherwise damaged. [2011 c.330 §23]
374.330
Prior status preserved. (1) ORS 374.305, 374.310 and
374.325, as those sections were amended by chapter 323, Oregon Laws 1957, and
ORS 374.309 do not affect any approach road, structure, pipeline, ditch, cable
or wire, or other facility, thing or appurtenance lawfully placed or
constructed upon the right of way of any highway prior to August 20, 1957.
(2)(a) ORS 374.305 and 374.310, as those
sections were amended by chapter 497, Oregon Laws 1967, and ORS 374.309 do not
affect any approach road, structure, pipeline, ditch, cable or wire, or other
facility, thing or appurtenance lawfully placed or constructed upon the right
of way of any state highway or county road prior to September 13, 1967.
(b) Except as provided in paragraph (a) of
this subsection, private road crossings authorized by the Public Utility
Commission under ORS 374.205 to 374.260 (1965 Replacement Part) are subject to
ORS 374.302 to 374.330 after September 13, 1967. [1957 c.323 §4; 1967 c.497 §3;
2011 c.330 §10]
374.335
Driving certain motor vehicles across public highway not considered operation
on highway. Where any private road crosses or is
crossed by a public highway the driving of a motor vehicle across the public
highway or upon the public highway for a distance of not to exceed 1,200 feet
in the use of the private road is not subject to ORS 811.450, 815.155, 815.160,
815.170, 818.020, 818.060, 818.090, 818.110, 818.160, 818.300, 818.320,
818.340, 818.350, 818.400 and ORS chapter 825, provided such vehicle or vehicle
use is:
(1) Subject to a permit issued pursuant to
ORS 374.309 or 374.310 or a person authorized by such permittee; or
(2) A farm tractor or implement of
husbandry. [Formerly 374.265; 1971 c.391 §1; 1983 c.338 §923; 1987 c.158 §66;
2011 c.330 §11]
Note:
Section 2, chapter 31, Oregon Laws 2010, provides:
Sec.
2. The Department of Transportation, in
cooperation with stakeholders, shall develop proposed legislation to codify,
clarify and bring consistency to issuance of approach permits based on
objective standards. [2010 c.31 §2; 2011 c.330 §26]
Note:
Sections 27 and 28, chapter 330, Oregon Laws 2011, provide:
Sec.
27. Access Management Oversight Task Force. (1)
The Access Management Oversight Task Force is established, consisting of 11
members appointed as follows:
(a) The President of the Senate shall
appoint two members from among members of the Senate.
(b) The Speaker of the House of
Representatives shall appoint three members from among members of the House of
Representatives.
(c) The Governor shall appoint six members
as follows:
(A) One member who is the Director of
Transportation or the director’s designee;
(B) One member who is a representative of
the development community;
(C) Two members who are representatives of
local governments; and
(D) Two members who represent highway
users.
(2) In selecting the legislative members
of the task force, the Senate President and the Speaker of the House of
Representatives shall work together to ensure that each of the five geographic
regions of the Department of Transportation, as described in section 10,
chapter 865, Oregon Laws 2009, are represented.
(3) The task force shall provide oversight
and monitor the department’s:
(a) Ongoing progress in proposing
legislation to codify, clarify and bring consistency to issuance of approach
permits based on objective standards as required under section 2, chapter 31,
Oregon Laws 2010, and in adopting consistent administrative rules.
(b) Implementation of this section and
sections 2, 14 to 20 and 23 of this 2011 Act and the amendments to ORS 366.290,
373.015, 374.305, 374.312 and 811.430 by sections 3, 13, 21, 24 and 25 of this
2011 Act.
(4) The task force may recommend
legislation to the Legislative Assembly as necessary.
(5) A majority of the members of the task
force constitutes a quorum for the transaction of business.
(6) Official action by the task force
requires the approval of a majority of the members of the task force.
(7) The task force shall elect one of its
members to serve as chairperson.
(8) If there is a vacancy for any cause,
the appointing authority shall make an appointment to become immediately
effective.
(9) The task force shall meet at times and
places specified by the call of the chairperson or of a majority of the members
of the task force.
(10) The task force may adopt rules
necessary for the operation of the task force.
(11) The department shall provide staff
support to the task force.
(12) Notwithstanding ORS 171.072, members
of the task force who are members of the Legislative Assembly are not entitled
to mileage expenses or a per diem and serve as volunteers on the task force.
Other members of the task force are not entitled to compensation or
reimbursement for expenses and serve as volunteers on the task force.
(13) The task force shall report its
findings and recommendations on access management to the interim committees
related to transportation each year in the manner provided by ORS 192.245 no
later than December 1. [2011 c.330 §27]
Sec.
28. Section 2, chapter 31, Oregon Laws
2010, as amended by section 26 of this 2011 Act, and section 27 of this 2011
Act are repealed on January 2, 2016. [2011 c.330 §28]
374.340
Cattle crossings under public road. Any person owning,
using or occupying lands on both sides of any public road is entitled to the
privilege of making a crossing under the road for the purpose of letting the
person’s cattle and other domestic animals cross the road. A crossing may be
installed as provided under ORS 374.302 to 374.330. [Formerly 374.270; 1981
c.153 §74]
374.345
Rules regarding turning onto state highway from approach road.
The Department of Transportation shall adopt rules regulating the procedures
and circumstances under which the department may restrict turning movements
onto a state highway from an approach road for which a permit was issued under
ORS 374.310 when the restriction is not required by contract, condemnation
judgment, recorded deed or permit. [1999 c.972 §4]
374.350
Process for appeal of decisions regarding access to highways.
The Department of Transportation shall establish a process through which
persons affected by decisions of the department regarding access to highways
may appeal the decisions. [1999 c.686 §3]
374.355
Dispute resolution procedures; rules. There is
created a set of dispute resolution procedures governing an appeal of the
Department of Transportation’s decision regarding an approach permit or the
removal or modification of an approach. The procedures described in this
section include but are not necessarily limited to notice, guarantee of an
impartial tribunal, burden of proof and admission and weight of evidence, as
follows:
(1) Decisions by the department to deny an
application, to deny a deviation or to approve an application with mitigation
measures are appealable by the applicant or permit holder. An applicant or
permit holder may request a hearing. A hearing conducted under this subsection
shall be conducted as a contested case hearing in accordance with ORS chapter
183.
(2) In addition to requesting a hearing
under subsection (1) of this section, an applicant or permit holder may request
the following dispute resolution procedures to resolve issues relating to the
department’s decision:
(a) Collaborative discussion, as
established by the department by rule;
(b) Review by an Access Management Dispute
Review Board established under ORS 374.360; or
(c) Both.
(3) The time required for a collaborative
discussion or review by an Access Management Dispute Review Board process is in
addition to the 120 days required for the department’s final decision under ORS
374.312.
(4)(a) The department shall conduct a
collaborative discussion within 45 days of the date the department receives a
request from an applicant or permit holder for collaborative discussion unless
the applicant or permit holder and the department agree to a longer amount of
time.
(b) The department shall conduct a review
by an Access Management Dispute Review Board within 45 days of the date the
department receives a request for a review by an Access Management Dispute
Review Board from an applicant or permit holder unless the applicant or permit
holder and the department agree to a longer amount of time.
(5) A request for a dispute resolution
procedure shall stay the time in which the department must issue a final
decision for a concurrent contested case hearing.
(6) If an agreement between the parties is
reached using collaborative discussion, the Director of Transportation shall issue
the written decision. The written decision is a binding agreement for the
department and for the applicant or permit holder.
(7) The decision pursuant to the
collaborative discussion or the Access Management Dispute Review Board to
approve, modify or reverse the department’s decision to approve an application
for an approach permit with conditions, to modify or require mitigation
measures of an existing approach permit, to deny an approach permit or to
remove or modify an approach is a settlement offer and is not a decision that
may be appealed.
(8) The department may adopt rules for the
dispute resolution procedures described under this section. [2011 c.330 §14]
374.360
Access Management Dispute Review Board. (1) If the
applicant or permit holder of an approach permit requests a review by an Access
Management Dispute Review Board under ORS 374.355, the Department of
Transportation shall appoint an Access Management Dispute Review Board by
selecting members for a board consisting of any or all of following:
(a) The Director of Transportation or a
designee of the director who is familiar with the location in which the
disputed approach is located.
(b) A representative of the local
jurisdiction in which the disputed approach is located.
(c) A traffic engineer who practices
engineering in Oregon.
(d) A representative from the economic or
business sector.
(2) The Access Management Dispute Review
Board shall consider information presented by the parties and shall notify the
applicant or permit holder and the director of its findings regarding the
department’s original decision.
(3) The director shall review the Access
Management Dispute Review Board’s findings and may approve, modify or reverse
the department’s original decision to approve an application for an approach
permit with conditions, to modify or require mitigation measures for an
existing approach permit, to deny the approach permit or to remove or modify an
approach.
(4) The director shall notify the
applicant or permit holder in writing of the department’s determination
following a review by an Access Management Dispute Review Board appointed under
this section. [2011 c.330 §15]
RIGHTS
APPURTENANT TO PROPERTY ABUTTING CERTAIN HIGHWAYS AND ROADS
374.405
Access rights of property abutting on state highways.
No rights in or to any state highway, including what is known as right of
access, shall accrue to any real property abutting upon any portion of any
state highway constructed, relocated or reconstructed after May 12, 1951, upon
right of way, no part of the width of which was acquired prior to May 12, 1951,
for public use as a highway, by reason of the real property abutting upon the
state highway.
374.410
Department of Transportation to prescribe access rights of abutting property.
In connection with any acquisition of real property for right of way of any
state highway, the Department of Transportation shall prescribe and define the
location, width, nature and extent of any right of access that may be permitted
by the department to pertain to real property described in ORS 374.405.
374.415
Action to prevent entering or leaving state highways in manner not authorized.
The Department of Transportation may commence and prosecute to final
determination any suit, action or proceeding in the name of the state by and
through the department, which in its judgment is necessary to enjoin and
prevent any person, whether acting individually or by agent, from entering upon
or departing from any state highway mentioned in ORS 374.405, at any location,
for any use or in any manner not authorized by any grant of a right of access,
as provided in ORS 374.410.
374.420
County throughways; rights of abutting property owners.
(1) The county court or board of county commissioners may acquire by purchase,
agreement, donation or exercise of the power of eminent domain, fee title or
any interest in real property, including easements of air, view, light and
access, which is necessary for the construction of a throughway or the
establishment of a section of an existing county road as a throughway.
(2) When right of way is acquired for a
throughway after August 13, 1965, no rights in or to the throughway, including
what is known as right of access, accrue to real property merely because the
property abuts upon that part of the right of way so acquired. This subsection
also applies to right of way acquired, prior to August 13, 1965, pursuant to
ORS 374.420 to 374.430 (1963 Replacement Parts).
(3) “Throughway,” as used in this section,
means a proposed or existing county road especially designed for through
traffic, which has been designated by resolution of the county court or board
of county commissioners as a throughway, over, from or to which owners or
occupants of abutting land or other persons have no easement of access or only
a limited easement of access, light, air or view, merely because of the fact
that their property abuts upon the throughway or for any other reason. [Amended
by 1965 c.364 §1]
374.425
County court to prescribe access rights of abutting property.
In connection with the acquisition of real property for right of way for a
throughway described in ORS 374.420, the county court or board of county
commissioners may prescribe the location, width, nature and extent of any right
of access that pertains to such real property. [Amended by 1965 c.364 §2]
374.430
Action to prevent entering or leaving county roads in unauthorized manner.
The county court or board of county commissioners may commence and prosecute to
final determination any suit, action or proceeding which in its judgment is
necessary to enjoin and prevent any person, whether acting individually or by
agent, from entering upon or departing from any throughway under its
jurisdiction, mentioned in ORS 374.420, at any location, for any use or in any
manner not authorized by any grant of a right of access, as provided in ORS
374.425. [Amended by 1965 c.364 §3]
PENALTIES
374.990
Penalty for violation of ORS 374.305 or rule adopted under ORS 374.309 or
374.310. In addition to the liability for
expenses under ORS 374.307 and 374.320, violation of ORS 374.305 or of any rule
or regulation adopted under ORS 374.309 or 374.310 is a misdemeanor. [1955
c.424 §6; 2011 c.330 §12]
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