Oregon Administrative Code

731-012-0090 Proposed Actions for Safety (1) After reviewing the Safety Considerations of a Proposed Action that has the potential to result in a Reduction of Vehicle-Carrying Capacity, Department staff may recommend a determination that the reduction is required by the Departmen…

731-012-0100 Director Determination of Reduction of Vehicle-Carrying Capacity (1) If a Proposed Action has a potential for a Reduction of Vehicle-Carrying Capacity that cannot be resolved through the Stakeholder Forum, including affected local agencies, and is not needed for Acce…

731-012-0110 Chief Engineer Certification (1) If the Department staff has recommended that a Proposed Action should be required by the Department for Safety purposes and the Director determines there is a reduction of vehicle-carrying capacity, then the Chief Engineer will review…

731-012-0120 Local Agency Exemption from Restrictions Prohibiting Reduction of Vehicle-Carrying Capacity (1) At the request of an affected local agency, the Department region manager must direct Department staff to prepare a Commission agenda item for an exemption request. The lo…

731-012-0130 Commission Decision (1) When there has been a determination by the Director that a Proposed Action results in a Reduction of Vehicle-Carrying Capacity, and there has been a determination that the Proposed Action is needed or required for Safety Considerations, or a l…

731-012-0140 Record Keeping (1) The Department will publish on a website and maintain for least ten years, a record of all Department, Director and Commission determinations regarding a Reduction of Vehicle-Carrying Capacity and of all Commission approved Reductions of Vehicle-Ca…

731-015-0005 Purpose The purpose of this division is to establish the procedures used by the Department of Transportation to implement the provisions of its State Agency Coordination Program which assure that Department land use programs are carried out in compliance with the sta…

731-015-0015 Definitions For the purposes of OAR 731-015-0005 through 731-015-0135: (1) “Accessory Facility” means a facility which assists the Department in administering, managing, maintaining and operating a transportation facility. Examples include office buildings, weigh sta…

731-015-0025 Applicability The provisions of OAR 731-015-0005 through 731-015-0135 apply the following programs and activities: (1) Adoption of the Transportation Policy Plan. (2) Adoption of modal systems plans. (3) Adoption of transportation facility plans. (4) Adoption of proj…

731-015-0035 Activities Which Significantly Affect Land Use The following activities undertaken by the Department significantly affect land use: (1) Enlarging an existing transportation facility to increase the level of transportation service provided, relocating an existing tran…

731-015-0045 Coordination Procedures for Adopting the Final Transportation Policy Plan (1) Except in the case of minor amendments, the Department shall involve DLCD, metropolitan planning organizations, and interested cities, counties, state and federal agencies, special district…

731-015-0055 Coordination Procedures for Adopting Final Modal Systems Plans (1) Except in the case of minor amendments, the Department shall involve DLCD, metropolitan planning organizations, and interested cities, counties, state and federal agencies, special districts and other…

731-015-0065 Coordination Procedures for Adopting Final Facility Plans (1) Except in the case of minor amendments, the Department shall involve DLCD and affected metropolitan planning organizations, cities, counties, state and federal agencies, special districts and other interes…

731-015-0075 Coordination Procedures for Adopting Plans for Class 1 and 3 Projects (1) The Department shall involve affected cities, counties, metropolitan planning organizations, state and federal agencies, special districts and other interested parties in the development of pro…

731-015-0085 Coordination Procedures for Adopting Plans for Class 2 Projects Determined to Significantly Affect Land Use The procedures in this section shall be followed when the Department determines that a Class 2 project would significantly affect land use in accordance with O…

731-015-0095 Coordination Procedures for Constructing or Improving Buildings in Salem Area The Department shall satisfy its goal compliance and plan compatibility responsibilities for constructing or improving buildings in areas subject to the jurisdiction of the Capitol Planning…

731-015-0105 Coordination Procedures for Operations, Maintenance and Modernization Activities The procedures in this section shall be followed when the Department determines that an operations, maintenance or modernization activity would significantly affect land use in accordanc…

731-015-0110 Coordination Procedures for the Disposal of Surplus Right of Way (1) The Department shall apply LCDC Goal 17 implementation requirement number 6 as well as applicable statutes when determining whether to declare right of way as surplus. (2) The Department shall notif…

731-015-0115 Permit Program Procedures (1) The Department shall notify applicants for permits or licenses or renewals of permits or licenses listed in OAR 731-015-0025 of their responsibility to demonstrate compliance and compatibility. (2) The Department shall not issue a permit…

731-015-0125 Referral of Compatibility Disputes to the Land Conservation and Development Commission If a compatibility conflict persists after pursuing the compatibility procedures listed in OAR 731-015-0045 through 731-015-0115, the Department shall request that the Land Conserv…

731-015-0135 Statewide Goal Compliance and Acknowledged Plan Com-paibility for New or Amended Rules and Programs Significantly Affecting Land Use (1) The Commission and Department shall follow the procedures in OAR 660-030-0075 to assure that new or amended rules and programs com…

731-017-0005 Purpose This division is intended to carry out the state policy outlined in ORS 367.850 to facilitate projects that support local economic development and job creation but cannot meet the funding or timing requirements of the Land Conservation and Development Commiss…

731-017-0010 Definitions For the purposes of this division, the following definitions shall apply: (1) “Amendment” means a proposed amendment to a comprehensive plan, transportation system plan or land use regulation. (2) “Commission” means the Oregon Transportation Commission. (…

731-017-0015 Applications for Time Extensions, Alternative Funding Plans, or Adjustments or Alternatives to Traffic Performance Measures (1) When a local government amendment needed to authorize an economic development project cannot meet the funding requirements of the Transport…

731-017-0020 Application Submittal Requirements (1) An application submitted pursuant to section 0015 of this division shall be filed with the Region Manager or designee of the ODOT Region within which the economic development project would be located. (2) Prior to filing an appl…

731-017-0025 Additional Requirements for Time Extensions to Meet Funding Requirements (1) In addition to the requirements of section 0020 of this division, an application requesting an extension of time to meet the requirements of OAR 660-012-0060(4)(b)(D) or 660-012-0060(4)(c)(A…

731-017-0030 Additional Requirements for Alternative Funding Plans (1) In addition to the requirements of section 0020 of this division, an application requesting approval of an alternative funding plan shall include the following additional information: (a) An estimate of the ad…

731-017-0035 Additional Requirements for Adjustments or Alternatives to ODOT Traffic Performance Measures (1) In addition to the requirements of section 0020 of this division, an application to adjust traffic performance measures or to allow use of alternative traffic performance…

731-017-0040 ODOT Review and Report to Commission (1) Within 30 days following receipt of a complete application or an incomplete application presented as written, the Director shall submit to the Commission a report and recommendation on the application. (2) The Director’s repor…

731-017-0045 Commission Review and Decision on Applications (1) Within 45 days following receipt of the Director’s report, the Commission shall review the Director’s report and issue a written decision approving or denying the application. Commission approval or denial of an appl…

731-017-0050 Land Use Decisions (1) Commission determinations made pursuant to this division concerning the financing of transportation facilities and improvements are not considered land use decisions. (2) Commission actions made pursuant to this division to extend the time beyo…

731-017-0055 Review and Update Beginning two years following the adoption of this division, the Commission shall commence a review to evaluate implementation of and consider possible modifications to this division. This evaluation shall include considerations of the cumulative ef…

731-020-0000 Purpose and Scope Establishing methods of determining gross weights for the Oregon Vehicle Code. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619 & 801.055 Statutes/Other Implemented: ORS 801.055 H…

731-020-0010 Weighing of Vehicles (1) For the purpose of determining any gross weight, actual scale weights shall govern. In the absence of information as to scale weights or of convenient facilities for ascertaining scale weights, the weights furnished by dealers, manufactures o…

731-030-0010 Purpose of the Rules OAR 731-030-0010 to 731-030-0170 establish the procedures and requirements for the administration of the Oregon Transportation Infrastructure Fund and for the creation and operation of the Oregon Transportation Infrastructure Bank. Statutory/Othe…

731-030-0020 Statutory Authority Oregon Revised Statutes (ORS) 367.010 to 367.060 provide authority for the Department to operate the Oregon Transportation Infrastructure Fund. Statutory/Other Authority: ORS 184.616, 184.619, 367.015 & 367.020 Statutes/Other Implemented: ORS 367.…

731-030-0030 Definitions For the purposes of OAR 731-030-0010 through 731-030-0170, the following definitions apply, unless the context clearly indicates otherwise: (1) “Applicant” means a Municipality or any other entity authorized by law to obtain an Infrastructure Loan or Infr…

731-030-0040 Purpose of the Oregon Transportation Infrastructure Fund (1) The purpose of the Oregon Transportation Infrastructure Fund is to fund transportation solutions, leverage additional funds into Infrastructure, and encourage innovative financing techniques in order to fur…

731-030-0050 Administration of Funds (1) Authority for administration of the OTIB and the OTIF may be delegated to the OTIF Manager by the Director. (2) The Department may expend funds from the Infrastructure Fund for the purposes set forth in ORS 367.015. Statutory/Other Authori…

731-030-0090 Application Procedures (1) An Applicant may submit an Application for an Infrastructure Loan or Infrastructure Assistance at any time, subject to deadlines, if any, established by the Department. (2) An Application must be submitted in the manner and form approved by…

731-030-0100 Application Evaluation Procedures (1) Evaluation of an Application will include an examination to determine the extent to which an Applicant and the proposed Transportation Project meet the following criteria: (a) The Transportation Project complies with the local tr…

731-030-0110 Approval Procedures (1) The Department will evaluate the application for conformity with all applicable laws, rules, and regulations; as well as the established criteria under OAR 731-030-0100(1), and appropriate technical, engineering, and planning criteria. While a…

731-030-0120 Project Agreements, Interest Rates and Charges (1) For an Application approved under OAR 731-030-0110, and for which a commitment letter has been accepted under OAR 731-030-0110(6)(a), the Department will make an Infrastructure Loan or provide Infrastructure Assistan…

731-030-0130 Accounting, Reporting and Auditing Requirements (1) The Department will maintain an accounting system for the Infrastructure Fund that complies with generally accepted accounting principles and practices. (2) A Recipient must separately account for all moneys receive…

731-030-0160 Protests (1) If the Chief Financial Officer denies an Application for an Infrastructure Loan or Infrastructure Assistance, the Applicant may protest the decision to the Director. The protest must be in writing and must be filed within 30 calendar days of notification…

731-030-0170 Interagency and Intra-agency Loans (1) For purposes of OAR 731-030-0170, capitalized terms shall have the respective meanings given in ORS Chapter 367 and OAR 731-030-0030, unless the context clearly indicates otherwise. (2) An Agency may apply for an Infrastructure …

731-035-0010 Competitive Grant Application Purpose ORS 367.080 to 367.086 creates the Connect Oregon Fund, established for the purpose of financing grants to fund Transportation Projects that involve air, marine and rail modes. The purpose of OAR 731-035-0010 through OAR 731-035-…

731-035-0020 Definitions For the purposes of division 35 rules, the following terms have the following definitions, unless the context clearly indicates otherwise: (1) “Agreement” means a legally binding contract between the Department and Recipient that contains the terms and co…

731-035-0030 Competitive Grant Application Submission Periods (1) The Department will announce time periods for submitting applications for funding from the Connect Oregon Fund. Announcements for submitting applications shall denote if the Department is taking applications for th…

731-035-0040 Competitive Grant Application Requirements Applicants interested in receiving funds from the Connect Oregon Fund must submit a written application to the Department. The application must be in a format prescribed by the Department and contain or be accompanied by suc…