Oregon Administrative Code

734-030-0010 Prohibited Activities To preserve state property and increase health and safety in Rest Areas, the following activities are prohibited by Visitors to a Rest Area: (1) Lighting a fire of any kind, other than propane or gas fueled camp stoves and grills. (2) Picking, r…

734-030-0015 Compliance (1) To preserve state property and increase health and safety in Rest Areas, a Department of Transportation or Travel Information Council employee, Police Officer, Rest Area Enforcement Officer, or the Rest Area Attendant is authorized to require complianc…

734-030-0016 Exclusion Review Process (1) A person excluded from a Rest Area may submit a written request for a review of the exclusion. Only the basis of the exclusion and the length of the exclusion may be contested. The review request must be received at the address listed on …

734-030-0020 Notice Notice of conduct consistent with OAR 734-030-0005 through 734-030-0015 shall be posted in each rest area. Statutory/Other Authority: ORS 184.616. 184.619, 366.205 & 366.493 Statutes/Other Implemented: ORS 164.805, 366.205, 366.493, 374.305, 377.030 & 810.030 …

734-030-0025 “Free Coffee” Program The “free coffee" program is a service sponsored by non-profit organizations in rest areas; permissible under federal regulations and state law; and found by the Department of Transportation (Department), in certain instances, to be in the inter…

734-030-0030 Human Trafficking Awareness Information Program (1) The purpose of the Human Trafficking Awareness program described in OAR 734-030-0030 is to provide information in Department Rest Areas for victims of human trafficking. When a Department Rest Area is managed by Tra…

734-031-0001 Purpose and Scope (1) The purpose of Division 31 rules is to establish a Rest Area Sponsorship Acknowledgement program in compliance with 23 USC 111 and the Federal Policy on Sponsorship Acknowledgement and Agreements within the Highway Right of Way that provides cit…

734-031-0005 Definitions As used in Division 31 rules, the following definitions will apply: (1) “Acknowledgment Sign” — A sign that informs the public that a Participant has provided a Contribution for the development or ongoing operation or maintenance of an Oregon Department o…

734-031-0010 Participant Eligibility (1) An individual, family group, company, business, or volunteer group is eligible to submit proposals to provide a Contribution for the development or ongoing operation or maintenance of Rest Areas. Participants must comply with all applicabl…

734-031-0015 Participant Selection (1) Solicited Contributions (a) Participants will be identified using an open, competitive solicitation process such as a request for proposal. (b) Solicitations will provide a description of the sponsorship opportunity being offered stating all…

734-031-0020 Acknowledgement Signs (1) A sign may be placed by the Rest Area Operator informing the public of the Participant’s Contribution with the Participant’s name or acronym when the Contribution meets the requirements of Division 31 rules. The Participant may be required t…

734-031-0025 Acknowledgement Sign Design and Placement (1) When an Acknowledgement Sign is used for sponsorship recognition on the mainline of the adjacent state highway or the Rest Area entrance or exit ramp, or is in a Rest Area and legible to motorists using the Rest Area, it …

734-031-0030 Sponsorship Agreement (1) The Sponsorship Agreement shall be an agreement for the Participant to provide for development, operation or maintenance of a Rest Area. When the Sponsorship Agreement is for a Rest Area within Interstate highway right of way, the Sponsorshi…

734-032-0000 Purpose of and Need for the Scenic Byway Program Administrative rules OAR 734-032-0000 through 734-032-0070 establish the Scenic Byway Program as authorized by ORS 184.617 and 184.619. The program consists of a multistep process starting with an idea (citizen, specia…

734-032-0010 Goals and Objectives of the Scenic Byway Program (1) The goals of the Scenic Byway Program are to: (a) Create a comprehensive statewide multi-agency program to identify and manage Oregon’s most outstanding scenic transportation corridors; (b) Preserve and/or enhance …

734-032-0020 Terminology The following terminology shall be used when applying the criteria in this division: (1) Agriculture/Forestry — Crops, wineries, vineyards, ranches, fisheries, old-growth and reforested lands. (2) Color — Overall color(s) of the basic components of the la…

734-032-0030 Categories of Routes There are two categories of routes in the Scenic Byways system. Scenic Byways include the most scenic routes with road standards that would accommodate most travelers. These routes encompass scenic, historic, recreational and cultural values of n…

734-032-0040 Oregon Scenic Byway Designation Process — Initial Screening of Scenic Byway Proposal (1) To be considered as a scenic byway the proponent must submit the following: (a) Written narrative statement of the route identifying items of significance or interest in relation…

734-032-0050 Oregon Scenic Byway Designation Process — Formal Proposal (1) If the proposal is recommended to proceed, the proponent must make a formal presentation to the committee presenting the following information in addition to providing additional detail of the requirements…

734-032-0060 Monitoring Designated Oregon Scenic Byways and Tour Routes The Oregon Scenic Byway Committee shall review field inventories against current conditions at least once every five years. The committee may recommend the removal of routes that no longer meet the criteria d…

734-032-0070 Scenic Byway Committee The Oregon Scenic Byway Committee shall consist of a representative from each of the entities listed below with the Oregon Department of Transportation representative chairing the committee: (1) Oregon Department of Transportation; (2) Oregon E…

734-035-0005 Property Grants to Cities and Counties for Streets and Roads (1) General Policy: The grant of property or property rights acquired by highway funds is subject to statutory and constitutional restrictions. This administrative rule is enacted in order to assure that th…

734-035-0010 Removing Personal Property from Illegal Camping on State Highway Right of Way — Purpose The purpose of OAR 734-035-0010 through 734-035-0040 is to outline a process for removing personal property from state highway rights of way by the Department of Transportation un…

734-035-0020 Removing Personal Property from Illegal Camping on State Highway Right of Way — Definitions (1) Personal property includes items which are reasonably recognizable as belonging to individual persons and which have apparent utility. Items which have no apparent utility…

734-035-0030 Removing Personal Property from Illegal Camping on State Highway Right of Way — Removal, Storage, and Retrieval (1) Personal property (as defined in OAR 734-035-0020) will be separated during cleanups from trash/debris/junk (which will be immediately discarded) and i…

734-035-0040 Removing Personal Property from Illegal Camping on State Highway Right of Way — Scheduling and Notice; Costs (1) In locations where camping or staying overnight regularly occurs, signs may be posted by the Department announcing that camping is not allowed according t…

734-035-0050 Disposition of Surplus Property; General Policy It is the general policy of the Department of Transportation to efficiently and economically dispose of real property that is determined by the agency to be surplus. Statutory/Other Authority: ORS 184 & 366 Statutes/Oth…

734-035-0060 Determination that Property is Surplus The following criteria may be used to determine real property is surplus: The property is no longer needed by the agency for public purposes. Statutory/Other Authority: ORS 184, 273 & 366 Statutes/Other Implemented: ORS 270.110 …

734-035-0070 Notice to Department of Administrative Services Upon declaring property to be surplus to its needs, the Department of Transportation shall notify the Department of Administrative Services of the intent to sell the property. Statutory/Other Authority: ORS 184 & 273 St…

734-035-0080 Appraisal of Surplus Property (1) Before offering for sale any real property or equitable interest therein owned by the Department of Transportation, the Department shall cause the property to be appraised by one or more competent appraisers. All appraisals so obtain…

734-035-0090 Publication of Notice of Sale (1) Except as provided in OAR 734-035-0110, the Department shall give notice of all sales of real property or interest therein with an asking price in excess of $5,000. (2) The notice of sale shall contain: (a) A description of the prope…

734-035-0100 Property Sales to Political Subdivisions (1) Political subdivisions, as defined in ORS 271.005, and non-profit housing providers/housing authorities, shall be afforded the first opportunity, after other state agencies, to purchase surplus real property. (2) The Depar…

734-035-0110 Exception to Appraisal Requirements and Publication of Notice of Sale (1) Purpose. The purpose of this rule is to establish criteria and procedures to exempt surplus real properties from the usual appraisal and public notice requirements prior to disposal, as allowed…

734-035-0120 Determination of Most Advantageous Bid (1) The decision of the Department on the question of the most advantageous bid shall be final and conclusive. (2) The Department shall reserve the right to accept or reject any bid. Statutory/Other Authority: ORS 184 & 366 Stat…

734-035-0130 Procedure If No Satisfactory Bid Received (1) At any time during a period of one year after the auction date from which no satisfactory bid was received, the Department may sell the property at a private negotiated sale. (2) In negotiating a private sale pursuant to …

734-035-0140 Authorization for the Use of Department Real Property in Lieu of a Lease or Easement (1) The Department may issue written authorization for the use of real property under the jurisdiction of the Department, in lieu of an easement or lease, when in the judgment of the…

734-035-0150 Notification of Hazardous Tree Removal from Private Property (1) Pursuant to ORS 366.365, when the Department determines that any tree located on private property creates an immediate and substantial risk of damage or injury by obstructing, hanging over or otherwise …

734-035-0200 Designation and Posting of Real Property as Closed to Public Entry (1) The purpose of this rule is to identify the circumstances under which the Department of Transportation will designate and post real property owned or controlled by the department as closed to publ…

734-040-0005 Definitions Definitions used in these rules and regulations shall be: (1) “Commission” means the Oregon Transportation Commission. (2) “Director” means the Director of the Department of Transportation or his duly authorized representative. (3) “Federal-Aid Primary Sy…

734-040-0010 New Junkyards No new junkyard shall be established which is visible from the main traveled way of a scenic highway or which is located within 1,100 feet of the nearest edge of the right of way of any other state highway unless: (1) The junkyard is hidden or adequatel…

734-040-0015 Existing Junkyards No existing junkyard may be maintained within 1,000 feet of the nearest edge of the right of way of any state highway except: (1) Junkyards that are hidden or adequately screened by the terrain or other natural objects, or by plantings, fences, or …

734-040-0020 Screening Regulations Screening by means of plantings, fences, or other appropriate means shall be in accordance with a design approved by the Engineer: (1) For New Junkyards: (a) Shall be located off the state highway right of way; (b) Shall be constructed and maint…

734-040-0025 State Highways Designated After June 30, 1967 These same rules and regulations will apply to junkyards located within restricted areas adjacent to state highways designated after June 30, 1967, as for those in existence prior to June 30, 1967; however, the definitive…

734-040-0030 Fencing and Screening Auto Wrecking Yards Not in a Building All auto wrecking yards in Oregon are to be screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main traveled way of a state highway or an arterial high…

734-050-0090 Procedure for Designating Highway Weight Restrictions (1) The Director may designate any highway or section of highway (including bridges and other structures) which should be subject to weight restrictions. The Director may impose such weight restrictions considered…

734-051-1010 Authority for Rules — General Provisions Division 51 rules are adopted under the director’s authority contained in ORS 374.310(1). Statutory/Other Authority: ORS 184.616, 184.619, 374.310–374.314, 374.345 & 374.355 Statutes/Other Implemented: ORS 374.300 to 374.360, …

734-051-1020 Purpose and Intent of Rules (1) Purpose. Division 51 establishes procedures, standards, and approval criteria used by the department to govern highway approach permitting and access management consistent with Oregon Revised Statutes (ORS), Oregon Administrative Rules…

734-051-1030 Administration of Rules (1) Approaches Subject to division 51. Private approaches in existence and applications for private approaches filed after June 30, 2014 are governed by the rules of division 51. Public approaches do not require an Approach Permit but are subj…

734-051-1040 Relationship to Local Jurisdiction Rules and Regulations (1) Where ODOT and Local Jurisdiction Agree on Standards or Requirements. Where ODOT and a local jurisdiction have agreed to access spacing standards, sight distance standards or channelization requirements in …

734-051-1050 Procedure to Obtain a Permit to Construct or Modify a Public Approach (1) Purpose. This rule describes the procedures to obtain a Permit to Construct a new public approach or modify an existing public approach on state highway right of way. This rule does not superse…