Oregon Administrative Code

734-051-1060 Delegation of Permit Authority to Local Jurisdiction (1) Delegation of Permit Authority. 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 private…

734-051-1065 Restriction of Turning Movements for Existing Private Approaches (1) Applicability The department may restrict turning movements onto a state highway from an approach for which a permit was issued under OAR 734-051-3010 or that is deemed to have written permission un…

734-051-1070 Definitions (1) “Access Control” means that the right of access between a property abutting the highway and the highway has been acquired by the department or eliminated by law. (2) “Access Management Strategy” means a project delivery strategy developed by the Depar…

734-051-2010 Rights of Access — General Provisions (1) Right of Access Required for Private Approach. In order for the department to approve an application requesting a private approach, the property for which application is made must have a right of access to the state highway a…

734-051-2020 Grants of Access (1) Grant of Access. The department may approve an application for a grant of access only when the provisions in sections (2) through (6) below are fully complied with. (2) Restricted Areas. (a) The department shall not approve an application for a g…

734-051-2030 Indentures of Access (1) General Provisions. Abutting property owners with a reservation of access must apply to the department to indenture or change the location, width or use restrictions of the reservation. (2) Criteria for Approval of Indenture of Access. The de…

734-051-3010 Administration of Private Approaches — Permit for Private Approach (1) Applicability. This rule applies to applications for state highway approach permits for private approaches. (2) Restricted Areas. The department shall not issue an approach permit to a freeway, a …

734-051-3015 Presumption of Written Permission for an Existing Private Connection (1) Applicability. This rule applies to those existing private connections for which the department has not: (a) Issued a Permit to Operate in accordance with OAR 734-051-3010 (Permit for Private Ap…

734-051-3020 Change of Use of a Private Connection (1) Applicability. (a) This rule sets forth procedures and requirements for a change of use of an existing private connection to a state highway. (b) A new application is required for the purpose of permitting all connections to …

734-051-3030 Application Requirements for State Highway Private Approach (1) Purpose. This rule sets forth the requirements for an application for state highway approach. (2) Pre-Application Meetings. (a) The department or applicant may request a pre-application meeting for any a…

734-051-3040 Private Approach Permit Application Review, Approvals and Timelines (1) Complete Application Required. The department shall not process an application for state highway approach that is incomplete or contains insufficient information for the department to find that i…

734-051-3050 Deviations from Approach Spacing, Sight Distance, and Channelization Standards for a Private Approach (1) Purpose. The purpose of this rule is to establish criteria for the region access management engineer to approve; approve with mitigation; or deny requests for de…

734-051-3060 Pre-Decision Collaborative Discussion for Highway Approach Permit Applications (1) Offer of Pre-Decision Collaborative Discussion. When the department intends to deny an application or approve an application with mitigation, it shall notify the applicant of its inten…

734-051-3070 Mitigation Measures (1) Mitigation Authorized. The department may require mitigation measures to address adverse impacts associated with a proposed approach on the state highway or the subject property that is not prohibited by statute or division 51 rules. (2) Cost …

734-051-3080 Post-Decision Review Processes (1) Types of Post-Decision Review Processes. Three types of post-decision review processes are available to an applicant under division 51: (a) Post-decision collaborative discussion (OAR 734-051-3090); (b) Dispute review board (OAR 734…

734-051-3090 Post-Decision Collaborative Discussion (1) Purpose. An applicant or permit holder may request a collaborative discussion pursuant to this rule. The post-decision collaborative discussion process is an optional dispute resolution process that falls outside the 120-day…

734-051-3100 Access Management Dispute Review Board (1) Dispute Review Board. In addition to requesting a contested case hearing under OAR 734-051-3110 or a post-decision collaborative discussion with the department under OAR 734-051-3090, an applicant or permittee may request re…

734-051-3110 Contested Case Hearing Process (1) Right to a Contested Case Hearing. Pursuant to ORS 374.313, a person holding an interest in real property, which is or would be served by an approach, may appeal a decision of the department by filing a request for a contested case …

734-051-4010 Access Management Standards for Approaches — General Provisions (1) Applicability. Access management standards for approaches to state highways: (a) Are based on the classification of the highway and highway designation, type of area, and posted speed; (b) Apply to p…

734-051-4020 Standards and Criteria for Approval of Private Approaches (1) Applicability. This rule describes standards and criteria that the department applies to the review of an Application for State Highway Approach that has been deemed complete as set forth in OAR 734-051-30…

734-051-4030 Benefit to the State Highway System (1) General Requirements. A benefit to the state highway system is a determination requiring the professional judgment of a professional engineer employed by the department and: (a) Will be found only where the department determine…

734-051-4040 Temporary Approaches (1) Procedure and Criteria. The region manager may approve an application for a temporary approach where: (a) The department determines that a complete application has been submitted pursuant to OAR 734-051-3030 and that the approach can be opera…

734-051-4050 Special Use Approaches (1) Procedure. The region manager shall approve an application for a special use approach where the department determines that a complete application has been submitted pursuant to OAR 734-051-3030 and that the approach can be operated safely. …

734-051-5010 Approach Design and Construction — Design of Approaches (1) Design. Approach design must conform to design standards in the Oregon Highway Design Manual and provide for the safe movement of vehicles reasonably expected to utilize the approach to and/or from the highw…

734-051-5020 Issuance of Construction Permits (1) General Requirements. The region manager shall issue a construction permit when construction plans, if required, and all other required documents are received and approved. (2) Procedure. Prior to issuing a construction permit the…

734-051-5030 Construction of Approaches (1) Notice of Intent to Begin Construction. A permittee must notify the region manager at least two workdays prior to beginning construction. (2) Construction. Construction must conform to the terms of the construction permit including any …

734-051-5040 Effective Period of Construction Permits (1) Effective Period. A construction permit is effective for the time period specified on the permit. The region manager shall extend the time period of a construction permit for good cause shown. (2) Revocation of Permit. The…

734-051-5050 Responsibility for Costs of Construction of Approaches (1) Costs the Permittee Bears. Except as otherwise provided in the division 51 rules, the permittee is responsible for the cost of mitigation measures and the cost of construction of an approach, including the co…

734-051-5060 Liability, Insurance and Bonding Requirements (1) Liability. A permittee assumes responsibility for damage or injury to any person or property resulting from the construction, maintenance, repair, operation, or use of an approach for which a construction permit or a …

734-051-5070 Review Procedure for Modifying a Construction Permit (1) Review. An applicant may request a review to modify a construction permit if: (a) Ambiguities or conflicts exist in the construction permit; (b) New and relevant information concerning the approach or the const…

734-051-5080 Issuance of a Permit to Operate, Maintain and Use an Approach (1) Permit to Operate. The department shall issue a permit to operate for a private approach upon approval of an application, where no construction permit is required, or upon notification by the applicant…

734-051-5090 Maintenance of Approaches (1) Approvals. To perform maintenance on a public or private approach, the permittee or owner must obtain the department’s approval and any necessary permits prior to performing maintenance on an approach on highway right of way. (2) Mainten…

734-051-5100 Effective Period of Permit to Operate, Maintain and Use an Approach (1) General Provisions. A permit to operate, maintain and use (“permit to operate”) an approach runs with the land. Except as otherwise provided, a permit to operate is effective until: (a) Revoked b…

734-051-5110 Revocation of Permits and Removal of Approaches (1) Revocation of a Permit to Operate. The department may revoke a permit to operate and may remove an approach: (a) If there are current or potential safety or operational conditions identified that are verified by an …

734-051-5120 Access Management in Project Delivery (1) Applicability: (a) This rule applies to access management in the project delivery process for modernization and highway improvement projects included in the Statewide Transportation Improvement Program. (b) For purposes of th…

734-051-6010 Remedies in Closure of Approaches — Authority and Purpose of OAR 734-051-6010 through 734-051-6060 (1) Pursuant to ORS 374.313, a person holding an interest in real property which is or would be served by an approach may file a claim for relief when: (a) The departme…

734-051-6020 Definitions For purposes of subsection 734-051-6020 the following definitions apply: (1) “Claim for relief,” means a request for an administrative remedy for the denial of an approach application at the location of a grant or reservation of access, or the closure of …

734-051-6030 Offer of Remedies (1) The department shall make a determination of whether closure of the approach or denial of an application would create issues related to real property value, utility and use, and what remedies would address those issues. (2) The department will p…

734-051-6040 Procedure for Resolving Claims (1) Parties may agree to participate in mediation consistent with the applicable provisions of ORS 36.180 to 36.210 at any time during the process of determining the appropriate remedies, but prior to the final order in any contested ca…

734-051-6050 Appraisals (1) Either the department or the property owner, at their own cost, may at any time before or during the appeal of the closure or denial under OAR 734-051-3110 have an appraisal performed to assist in determining the remedies that would address the real pr…

734-051-6060 Conditions of Agreement Reaching agreement on the appropriate remedies is contingent upon: (1) Receipt by the department of a recordable document relinquishing any grant or reservation of access at the location of the approach closure or approach application; and (2)…

734-051-6070 Delegation (1) For OAR 734-051-6010 through 734-051-6070, the director delegates authority to the department’s right of way manager or the manager’s designee to: (a) Determine the department’s offer of remedies, and (b) Agree to any settlement that includes providing…

734-051-7010 Access Management in Highway Facility Plans (1) General Provisions. (a) Highway facility plans must be consistent with the Oregon Transportation Plan, the Oregon Highway Plan, and other transportation modal plans adopted by Oregon Transportation Commission. Where a p…

734-054-0005 Purpose The purpose of Oregon Administrative Rules 734-054-0005 through 734-054-0035 is to identify the criteria by which the Oregon Department of Transportation will select STIP projects that may accommodate a broadband facility of a third party; the process by whic…

734-054-0010 Definitions As used in these rules, unless otherwise required by context: (1) “Broadband” means wide bandwidth transmissions over optical fiber, with an ability to simultaneously transport multiple signals and traffic types at a minimum transmission speed of 25 megab…

734-054-0015 Identification of STIP Projects for Broadband Coordination and Notice (1) On at least an annual basis, the department will identify STIP projects that may accommodate a broadband facility based on the following criteria: (a) A STIP project that is for the contruction…

734-054-0020 Review of Statement of Interest and Selection Criteria (1) Upon receipt of a completed statement of interest, the broadband coordinator shall notify the applicant that review of the statement of interest has been initiated. The broadband coordinator may request addit…

734-054-0025 Final Determination on Statement of Interest and Protest Procedures (1) The department will make a final determination of whether a broadband facility is selected to be added to a STIP project. (2) The final determination will be made based on the criteria set forth …

734-054-0030 Limitations and Conditions (1) The department will accommodate a broadband facility in a STIP project only as determined appropriate by the department in accordance with the criteria and procedures set forth in these rules, Oregon Administrative Rule Chapter 734, Div…

734-054-0035 Permits and Agreements (1) A selected applicant will be required to apply for and receive a permit to operate on the state highway pursuant to OAR 734, division 55. (2) The department may also require a selected applicant to enter into an agreement with the departmen…