HomeMy WebLinkAboutMiscellaneous PLANNER 8/4/2008
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DIVISION 51
HIGHWAY APPROACHES, ACCESS CONTROL, SPACING
STANDARDS AND MEDIANS
734-051-0010
Authority for Rules
Division 51 rules are adopted under the Director's authority contained in ORS
374.3]0(1).
Stat. Auth.: ORS 184.616, 184.619,374.310,374.345; Ch. 972 and Ch. 974, Oregon Laws 1999
Stat. Implemented: OKS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999; Chapter 371,
Oregon Laws 2003
His\: TO 4-2000, f. 2-14-00, cert. ef. 4.1.00; HWD 2-2004, f. 2.18-04, cert. ef. 3.1-04
734-051-0020
Purpose and Applicability of Rules
(1) The purpose of division 51 rules is to provide a safe and efficient transportation
system through the preservation of public safety, the improvement and development of
transportation facilities, the p.v;..v;ion of highway traffic from the hazards of unrestricted
and unregulated entry from adjacent property, and the elimination of hazards due to
highway grade intersections. These rules establish procedures and criteria used by the
Department to govern highway approaches, access control, spacing standards, medians
and restriction of turning movements in compliance with statewide planning goals and in
a manner compatible with acknowledged comprehensive plans and consistent with
Oregon Revised Statutes (ORS), Oregon Administrative Rules (OAR), and the 1999
Oregon Highway Plan (OHP).
(2) The 1999 Oregon Highway Plan dated March] 8, 1999 and all amendments
approved by the Oregon Transportation Commission as of the adoption of this rule are
hereby adopted by reference as the policy framework and investment priorities for
implementing access management.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 & 374.345
Stats, Implemented: ORS 374.305 - 374.350 & 374.990
Hist: TO 4.2000, f. 2.14.00, cert. ef. 4.1.00; HWD 2-2004, f. 2-18-04, cer\. ef. 3.1-04, 734.051.0030
Renumbered into 734-051-0020; HWD 2-2007, f. & cert. ef. 1-26-07
734-051-0030
Applicability of Rules
[TO 4-2000, f. 2- 1 4-00, cert. ef. 4-1-00; Renumbered to 734-051-0020 by HWD 2.2004, f. 2.18-04,
cert. ef. 3.1-04]
Div. 51, 01/29/07
Date Received:-4'/~''''o,
Planner: AL
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734-051-0035
Administration of Rules
(1) Approaches in existence and applications filed after March I, 2004 are governed
by these rules.
(2) Division 51 rules do not affect existing rights of owners of grandfathered
approaches, except where these rules specifically state their application to grandfathered
approaches, as in OAR 734-051-0045, Change of Use of an Approach. An approach no
longer qualifies as grandfathered once the Department issues a Permit to Operate under
Division 51 rules or the Department acquires access control, as defined in these rules.
(3) Consistent with ORS 374.312 the Department and local governments may enter
into intergovernmental agreements allowing local governments to process applications
and issue Construction Permits and Permits to Operate for private approaches to regional
and district highways, including highways routed over city streets where the local
government owns the right of way.
(4) Approval of a property for a particular use is the responsibility of city, county, or
other governmental agencies, and an applicant must obtain appropriate approval from
city, county, or other governmental agencies having authority to regulate land use.
Approval of an application or issuance of a Construction Permit or a Permit to Operate is
not a finding of compliance with statewide planning goals or an acknowledged
comprehensive plan.
(5) Any notice or other communication by the Department is sufficient if mailed by
first class mail to the person at the address on the application or where property tax
statements for the property are sent. Any notice of an appealable decision is sufficient if
sent by certified mail to the person at the address on the application or where property tax
statements for the property are sent. The notice date is the date of mailing.
(6) Pursuant to ORS 374.310(3), the division 51 rules may not be exercised so as to
deny any ....vp~.;j adjoining the highway reasonable access and ORS 374.3l2(])(c)
requires adoption of rules establishing criteria for reasonable access consistent with ORS
374.310(3) criteria. These rules address "reasonable access" solely in the context of the
issuance of approach permits. "Reasonable access" under these rules does not affect
whether access may be reasonable for other purposes or under other reviews.
Stat. Auth.: ORS 184,616, 184.619,374,310,374.312 & 374.345
Slats. Implemented: ORS 374.305 - 347.350 & 374.990
His\: HWD 2-2004, f. 2.18-04, cert. ef. 3-1-04, Renumbered from 734-051-0050 and 734-051-0060;
HWD 2-2007, f. & cert. ef. 1-26-07
734-051-0040
Definitions
The following definitions apply to division 5] rules:
(1) "1999 Oregon Highway Plan" means the 1999 Oregon Highway Plan and all
amendments approved by the Oregon Transportation Commission as adopted by OAR
734-05] -0020.
(2) "Access Control" means no right of access exists between a property abutting the
highway and the highway. The right of access may have been acquired by the
Department or eliminated by law.
Div. 51, 01/29/07
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Date Received:. ~~"J' _
Planner: AL
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(3) "Access Management Strategy" means a project delivery strategy that identifies
the location and type of approaches and other necessary improvements that will occur
primarily within the highway right of way and that is intended to improve current
conditions of the section of highway by moving in the direction of the access
management spacing standards.
(4) "Access Management Plan" means a plan for managing a designated section of
highway or the influence area of an interchange to maintain and improve highway
performance and safety. It is intended to improve current and future conditions on a
section of highway or interchange by moving in the direction of the access management
spacing standards and may address local street connectivity, local street improvements
and local plans and land use regulations. An Access Management Plan may be developed
independent of or in conjunction with a highway or interchange project, however an
Access Management Plan is not a highway or interchange project.
(5) "Access Mitigation Proposal" means a proposal offered by an applicant that
identifies the location and type of approaches and necessary improvements to the
highway and that is intended to improve current conditions of the section of highway by
moving in the direction of the access management spacing standards by combining or
removing approaches resulting in a net reduction of approaches to that section of
highway. An Access Mitigation Proposal must be approved by the Department, agreed to
by all affected property owners, and real property interests must be recorded.
(6) "Alternate Access" means the physical existence of other means to access a
property than the proposed approach, such as an existing public right of way, another
location on the subject state highway, an easement across adjoining property, a different
highway, a service road, or an alley, including singularly or as ajoint approach, but
without a conclusive determination that the alternate access is "reasonable" as defined in
section (51) of this rule.
(7) "Appealable decision" means a decision by the Department that may be appealed
through a Region Review as set forth in OAR 734-051-0345 or a Contested Case Hearing
as set forth in OAR 734-05] -0355. An appealable decision includes a decision to deny an
application or to deny a deviation or approval of an application with mitigation measures.
(8) "Applicant" means a person, firm or corporation, or other legal entity that applies
for an approach or deviation including an owner or lessee, or an option holder of a
property abutting the highway, or their designated agent.
(9) "Application" means a compJeled form Application for State Highway Approach
including any required documentation and attachments necessary for the Department to
determine if the application can be deemed complete.
(10) "Approach" means a legally constructed, approach road or private road crossing,
recognized by the Department as grandfathered or existing under a valid Permit to
Operate.
(11) "Approach road" means a legally constructed, public or private connection,
providing vehicular access to and/or from a highway and an adjoining property.
(12) "Classification of highways" means the Department's state highway
classifications defined in the 1999 Oregon Highway Plan.
(13) "Commission" means the Oregon Transportation Commission.
(14) "Construction Permit" means a Permit to Construct a State Highway Approach
including all attachments, required signatures, and conditions and terms.
Div. 51, 01/29/07
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Date: Received: ~/~);<,J'
Planner: AL
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(15) "Crash history" means at least the three most recent years of crash data recorded
by the Department's Crash Analysis and Reporting Unit.
(16) "Day" means calendar day, unless specifically stated otherwise.
(17) "Deemed complete" means an application and all required supplemental
documentation necessary for the Department to review and assess the application and
determine if a Construction Permit or a Permit to Operate may be issued.
(18) "Department" or "ODOT" means the Oregon Department of Transportation.
(19) "Deviation" means a departure from the access management spacing standards.
(20) "Division 5 I" means Oregon Administrative Rules (OAR) 734-051-00 I 0
through 734-051-0560 and Tables 1,2,3,4,5,6 and 7 adopted and made a part of
division 5] rules and Figures 1,2,3 and 4 adopted and made a part of division 51 rules.
(21) "Double-Frontage Property" means a property with a right of access to more
than one state highway.
(22) "Executive Deputy Director" means the Executive Deputy Director for Highway
Division of the Oregon Department of Transportation.
(23) "Expressway" means a segment of highway defined in the 1999 Oregon
Highway Plan and classified by the Oregon Transportation Commission.
(24) "Fair Market Value" means the amount in cash, or on terms reasonably
equivalent to cash, for which in all probability the property would be sold by a
knowledgeable owner willing but not obligated to sell to a knowledgeable purchaser who
desired but is not obligated to buy.
(25) "Freeway or Expressway ramp" means all types, arrangements, and sizes of
turning roadways for right or left turning vehicles that connect two or more legs at an
interchange and the components of a ramp area terminal at each leg and a connection
road, usually with some curvature and on a grade.
(26) "Grandfathered approach" means a legally constructed approach existing prior
to 1949. A property owner has the burden to prove an approach is grandfathered based
upon existence prior to 1949. For purposes of this Division, grandfathered approaches
also include approaches presumed in compliance as set forth in OAR 734-05 I -0285(7)
and approaches intended to remain open that were improved in conjunction with a
Department project prior to April I, 2000, as set forth in OAR 734-05 1-0285(9).
(27) "Grant of Access" means the conveyance or evidence of the conveyance from
the Department of a specific right of access at a location where an abutting property
currently does not have that specific right of access.
(28) "Highway mobility standards" mean the established standards for maintaining
mobility as defined in the 1999 Oregon Highway Plan.
(29) "Highway segment designations" mean the four categories of designations,
Special Transportation Area, Commercial Centers, Urban Business Areas, and Urban,
defined in the 1999 Oregon Highway Plan.
(30) "Indenture of Access" means a deeded conveyance that changes the location,
width, or use restrictions of an existing reservation of access.
(31) "]nfill" means development of vacant or remnant land passed over by previous
development and that is consistent with zoning. ]nfill occurs in urban areas. It may also
occur in rural areas on commercial or industrial zoned land where the land has been
developed into an urban block pattern including a local street network, and the posted
highway speed is at or below 45 miles per hour.
Div. 51, 01/29/07
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Date: Received: 0~!
Planner: AL
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(32) "Influence area of an interchange" means the area 1320 feet from an interchange
ramp terminal measured on the crossroad away from the mainline.
(33) "Interchange" means a system of interconnecting roadways in conjunction with
one or more grade separations that provides for the movement of traffic between two or
more roadways or highways on different levels.
(34) "Interchange Area Management Plan" means a plan for managing a grade-
separated interchange area to ensure safe and efficient operation between connecting
roadways and to protect the functional integrity, operations, and sa'fety of the interchange.
An Interchange Area Management Plan may be developed independent of or in
conjunction with an interchange project and may address local street connectivity, local
street improvements and local plans and land use regulations. An Interchange Area
Management Plan is not an interchange project.
(35) "Intersection" means an area where two or more highways or an approach and a
highway join or cross at grade.
(36) "Land Use Action" means an action by a local government or special district
concerning the adoption, amendment or application of the statewide planning goals, a
comprehensive plan provision, or a land use regulation including zoning or subdivision
codes.
(37) "Median" means the portion of the roadway separating opposing traffic streams.
(38) "Mitigation Measures" mean conditions, improvements, modifications, and
restrictions set forth in OAR 734.05]-0145 and required by the Department or initiated
by an applicant for approval of a deviation or an application.
(39) "Move in the direction of' means that changes in the approach( es) to a property
abutting the highway would bring a site closer to conformance with existing highway
standards including where existing approaches to the highway or expressway are
combined or eliminated resulting in a net reduction in the number of approaches to the
highway or expressway, improvements in spacing of private approaches or public
approaches, or improvements to intersection sight distance.
(40) "Peak hour" means the highest one-hour volume observed on an urban roadway
during a typical or average week or the 30th highest hourly traffic volume on a rural
roadway typically observed during a year.
(41) "Permit to Construct" means a Permit to Construct a State Highway Approach
including all attachments, required signatures, conditions and terms, and performance
bonds or insurance.
(42) "Permit to Operate" means a Permit to Operate, Maintain and Use a State
Highway Approach including all required signatures and attachments, and conditions and
terms.
(43) "Permitee" means a person, firm or corporation, or other entity holding a valid
Permit to Operate including the owner or lessee of the property abutting the highway or
their designated agent.
(44) "Permitted approach" means a legally constructed approach existing under a
valid Permit to Operate.
(45) "Planned" means not currently existing but anticipated for the future when
referring to items such as a roadway or utility connection shown in a corridor plan, or
comprehensive plan, or transportation system plan.
Div. 51, 01/29/07
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Date Received: f ,0/ /,;..cr
Planner: AL II
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(46) "Private approach" means an approach serving one or more properties and is not
a public approach as defined in section (50) of this rule.
(47) "Private road crossing" means a legally constructed, privately owned road
designed for use by trucks which are prohibited by law from using state highways, county
roads, or other public highways.
(48) "Professional Engineer" means a person registered and holding a valid
certificate to practice engineering in the State of Oregon, as provided in ORS 672.002
through 672.325, with expertise in traffic engineering, as provided in OAR 820-040-
0030.
(49) "Project Delivery" means the allocation of resources to plan and construct new
highways or modifY and improve existing highways.
(50) "Public approach" means an approach serving multiple properties, owned and
operated by a public entity, and providing connectivity to the local road system.
(51) "Reasonable Access" means the ability to access a property in a manner that
meets the criteria under ORS 374.310(3).
(52) "Redevelopment" means the act or process of changing existing development
including replacement, remodeling, or reuse of existing structures to accommodate new
deveL....u~..t that is consistent with current zoning. Redevelopment occurs in urban areas.
It may also occur in rural areas on commercial or industrial zoned land where the land
has been developed into an urban block pattern including a local street network, and the
posted highway speed is at or below 45 miles per hour.
(53) "Region Access Management Engineer" means a professional engineer
employed by the Department who by training and experience has comprehensive
knowledge of the Department's access management rules, policies, and procedures, or as
specified in an Intergovernmental Agreement delegating permitting authority as set forth
in OAR 734-051-0035(3).
(54) "Region Manager" means the person in charge of one of the Department's
Transportation Regions or designated representative.
(55) "Reservation of Access" means a limitation of a common law right of access to
a specific location where the Department has acquired access control subject to
restrictions that are designated in a deed. A reservation of access may include a use
restriction limiting the right of access to a specified use or restriction against a specified
use. A use restriction included in a reservation of access does not restrict turning
movements nor does the absence of a use restriction allow unrestricted turning
movements. A reservation of access affords the right to apply for an approach but does
not guarantee approval of an Application for State Highway Approach or the location of
an approach.
(56) "Restricted Use Approach" means an approach that is intended to provide
vehicular access for a specific use and for a limited volume of traffic. Such uses are
determined by the Department and may include emergency services, government, and
utility uses. A mitigation required as a part of approach permit approval or a condition on
a construction permit does not by itself create a "restricted use approach."
(57) "Right of access" means the right of ingress and egress to the roadway and
includes a common law right of access, reservation of access, or grant of access.
(58) "Right of way" means real property or an interest in real property owned by the
Department as defined in the 1999 Oregon Highway Plan.
Div. 51, 01/29/07
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Date Received: f/I~.r
Planner: AL
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(59) "Rural" means the area outside the urban growth boundary, the area outside a
Special Transportation Area in an unincorporated community, or the area outside an
Urban Unincorporated Community defined in OAR 660-022-00] 0(9).
(60) "Safety factors" include the factors identified in OAR 734-051-0080(9).
(61) "Signature" means the signature of the specific individual or an authorized
officer of the corporation or partnership and must include the name of the corporation or
partnership licensed as set forth in ORS 60.] ] I, and which maintains a registered agent
and registered office in this state.
(62) "Spacing Standards" mean Access Management Spacing Standards as set forth
in OAR 734.05 ]-0] ] 5 and specified in Tables 1,2 and 3 adopted and made a part of
division 51 rules and Access Management Spacing Standards for Approaches in an
Interchange Area as set forth in OAR 734-05]-0125 and specified in Tables 4, 5, 6 aDd 7
and Figures 1, 2,3 and 4, adopted and made a part of division 5] rules.
(63) "Temporary approach" means an approach that is constructed, maintained, and
operated for a specified period oftime not exceeding two years, and removed at the end
of that period of time.
(64) "Traffic Impact Study" means a report prepared by a professional engineer that
analyzes existing and future roadway conditions resulting from the applicant's
development.
(65) "Trip" means a one-way vehicular movement. A vehicle entering a t'.vt'~';J and
later exiting that property has made two trips.
(66) "Urban" means the area within the urban growth boundary, within a Special
Transportation Area of an unincv. t'v. "led community, or within an Urban
Unincorporated Community defined in OAR 660-022-00 I 0(9).
(67) "Vehicle trips per day" means the total of all one-direction vehicle movements
with either the origin or destination inside the study site that includes existing, primary,
pass by, and diverted linked trips and is calculated in accordance with the procedures
contained in the current edition of the Institute of Transportation Engineers (ITE)
publications Trip Generation and Trip Generation Handbook. Adjustments to the
standard rates in the ITE publications for mode split may be allowed if calculated in
accordance with Transportation Planning Rule and the ITE procedures. Adjustments to
the standard rates for multi-use internal site trips may be allowed if calculated in
accordance with ITE procedures and if the internal trips do not add vehicle movements to
the approaches to the highway.
(68) "Vehicular Access" means access by motorized vehicles to a property from a
street, roadway, highway, easement, service road, or alley including singular or joint
access.
(69) "Work Day" means Monday through Friday and excludes holidays.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312,374.313 & 374.345
Stats, Implemented: ORS 374.305 . 374.350 & 374.990
Hist: TO 4-2000, f. 2-14-00, cert. ef. 4-1-00, Renumbered from 734-050-00]0; HWD 2-2004, f. 2.)8.
04, cert. ef. 3-1-04; HWD 8-2005, f. & cert. ef. 9-16-05; HWD 2.2007, f. & cert. ef. )-26-07
Div. 51, 01/29/07
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Date Received: ffo.r
Planner: AL
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734-051-0045
Change of Use of an Approach
(1) This rule applies to private approaches existing under a valid Permit to Operate
and private grandfathered approaches.
(2) A change of use of an approach occurs, and an application must be submitted,
when an action or event identified in subsection (a) of this section, results in an effect
identified in subsection (b) of this section.
(a) The Department may review an approach at the time of an action such as:
(A) Zoning or plan amendment designation changes;
(B) Construction of new buildings;
(C) Floor space of existing buildings increase;
(0) Division or consolidation of property boundaries;
(E) Changes in the character of traffic using the approach;
(F) Internal site circulation design or inter-parcel circulation changes; or
(G) Reestablishment ofa property's use after discontinuance for two years or more.
(b) An application must be submitted when an action in subsection (a) of this section
may result in any of the following:
(A) Site traffic volume generation increases by more than 250 average daily trips or
25 peak hour trips (external trip generation for multi-use developments).
(B) Operational problems occur or are anticipated.
(C) The approach does not meet sight distance requirements.
(D) The approach is not consistent with the safety factors set forth in OAR 734-05]-
0080(9).
(E) Use of the approach by vehicles exceeding 20,000 pound gross vehicle weight
increases by 10 vehicles or more per day.
(c) An effect in subsection (b) of this section may be determined by:
(A) Field counts;
(B) Site observation;
(C) Traffic Impact Study;
(D) Field measurement;
(E) Crash history;
(F) Institute of Transportation Engineer Trip Generation Manual; or
(G) Information and studies provided by the local jurisdiction.
(3) The following actions do not constitute a change of use:
(a) Modifications in advertising, landscaping, general maintenance, or aesthetics not
affecting internal or external traffic flow or safety; or
(b) Buildout or redevelopment of an approved site plan or multi-phased development
within the parameters of a Traffic Impact Study that is less than five years old or where
within parameters of the future year analysis of the Traffic Impact Study, whichever is
greater, and that is certified by a Professional Engineer.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 and 374.345; Ch, 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: OKS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist: HWD 2-2004, f. 2.18-04, cert. ef. 3-1-04, Renumbered from 734-051.0110
Div. 51, 01/29/07
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Date Received:
Planner: AL
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734-051-0050
General Policy
[Hist: TO 4-2000, f. 2-14-00, cert. ef. 4.1-00; Renumbered to 734-051.0035 by HWD 2-2004, f. 2-18-
04, cert, ef. 3-1-04]
734-051-0060
General Administration
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734.051-0035 by HWD 2.2004, f.2-18--04,
cert. ef. 3-1.04]
734-051-0070
Application Procedure and Timelines
(1) The D.y~_".... shall document decisions made under Division 51 rules with
written findings and shall provide written notice to applicants:
(a) Written findings shall be provided to the applican(upon request;.-J
(b) Materials submitted by the applicant become the property of the D~~,-_I.-.~nt;
(c) The Region Manager may waive requirements for information and
documentation required from an applicant depending on the nature of the application and
on the sufficiency of other information available to the Department for its evaluation of
an application;
(d) Where necessary to comply with the p.....:..:"g criteria under Division 51 rules,
"."},u,,.,,) of an application may be conf~'. .: upon significant changes to a proposed
site plan including relocation of buildings, y~:.:.,g, circulation, reduction of:__:"u.L; of
use, or . ". :~.ces from local jurisdictions; and
(e) Approval of an application may require miti6,.:'. . measures set forth in OAR
734-051-0]45.
(2) The D.y"._uent, applicant, or local government may ."..__0: a pre-application
meeting to discuss the "'n' ."..h appl1 .".:." y'__"O'.
(3) An application is ...._:.,,'::
(a) For a new "n' _....:_ to a state highway;
(b) When a change of use v~~UI, as set forth in OAR 734-051-0045;
(c) For a temporary approach to a state highway; or
(d) For a ..0..:....J use approach to a state highway.
(4) An appli.,,::_u '-_._u_r'-__ied by a site plan must be submitted for each approach
requested. All of the following apply to an application:
(a) The D"r,-.:"uent shall not accept an application for an aN .",.h to a f,"_""j, a
freeway ramp, or an expressway ramp, or where an approach would be aligned -n-o::" a
freeway or ""'y' "osway ramp ,.,..__._ al.
(b) The Department shall require .....,.:_ evidence of concurrence by the owner
where an applicant is not the prop...) "..u_..
(c) The Department may refuse to accept an application that is incomplete or
contains insufficient information to allow the Department to do:"....:.." if supplemental
docum _ ~,,:'. _ is required or _ ..:,__ .. :". determine that the application may be deemed
complete.
(5) The C .r,..__ent shall d,..,..... ,:... if an application is deemed complete:
Div. 51, 01/29/07
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Date: Received: r/1;;JqtJf
Planner: AL
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(a) Within 30 days of accepting an application when section (6) of this rule does not
require supplemental documentation; or
(b) When the supplemental documentation is received and the Department
determines that the supplemental documentation is sufficient to evaluate the application,
if section (6) of this rule requires supplemental documentation.
(6) The Department may require supplemental documentation before an application
is deemed complete, and the Region Manager:
(a) May conduct an on-site review to determine the need for supplemental
documentation before an application is deemed complete. The on-site review area
includes both sides of the highway in the vicinity of the proposed approach including:
(A) The site frontage;
(B) All approaches; and
(C) The nearest public intersections within a distance less than the applicable spacing
standard distance.
(b) May meet with the applicant to discuss the supplemental documentation
including definition and degree of specification;
(c) Shall notify an applicant, within 30 days of accepting an application, of the
supplemental documentation necessary for an application to be deemed complete;
(d) Shall notify an applicant, within 30 days of accepting an application,-that an
application may not be deemed complete where no right of access exists; and
(A) An applicant may apply for an Application for a Grant of Access or App]ication
for an Indenture of Access;
(B) An application for a Grant of Access or Application for an Indenture of Access
must be submitted concurrently with an Application for State Highway Approach;
(C) OAR 734-051-0295 through 734.051-0335 govern modification of access rights:
(i) To state highways and other public roads from property where the Department has
access control; and
(ii) To state highways from property owned or controlled by cities or counties where
the Department has access control where a public road connection is requested.
(D) Submittal of an Application for a Grant of Access or Application for an
Indenture of Access stays the l20-day timeline in section (8) of this rule;
(E) The timeline for processing an Application for a Grant of Access and completing
the appraisals and p.vp~,;/ transactions may be up to 365 days depending on the
complexity of the request; and
(F) The timeline for processing an Application for an Indenture of Access may be up
to 60 days depending on the complexity of the request.
(e) May require a Traffic Impact Study for:
(A) Proposed developments generating vehicle trips that equal or exceed 600 daily
trips or 100 hourly trips; or
(8) Proposed zone changes or comprehensive plan changes;
(f) Shall require a Traffic Impact Study for proposed developments or land use
actions where the on-site review indicates that operational or safety problems exist or are
anticipated; and
(g) Shall notify the applicant that required supplemental documentation, including an
application for a grant of access or indenture of access, must be submitted within 60 days
of the date of notice of supplemental documentation or the application expires.
Div. 51, 01129/07
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Date Received:_lli.2.<"'tf
Planner: AL
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(7) All of the following apply when a Traffic Impact Study is required:
(a) A Professional Engineer employed by the Department shall ~.._....:..e the scope
of the study and shall review and ..___ :nt on the study.
(b) Future year analyses apply to both public and ,.,:,":" '.-.-' ." ches and include
year of each phase opening and future year \ -J'. ..d build out, based on vehicle trips per
day and type ofland use action, but not b' _~:". than the year of pL...,..: '''' horizon for
transportation OJ 0..... plans or]5 years, whichever is ".".1..
(c) A Professional Engineer must~. .,.~," the study in acw.~~._~ with ...~!...~o and
input parameters approved by the Department.
(d) The scope and detail of the study must be sufficient to allow the Dep"" ." ...: to
evaluate the'.. ,"'" of the , . "."al and the need for , ."~"~'J capacity, _,.~....::onal, and
safety:...,.". .~ments resulting from the ".-.-' ." _h.
(e) The study must identify the data and the a,.!.:~....:~.. of data in the analysis.
(f) The study may be sufficient to satisfy the req\!..c.....,,-,- of this rule without being
adequate to satisfy local gO'. _.." . -e../.,.., ents or the Tra",,. .' ,.,,:on P:"",~.., '" Rule.
(8) When necessary to comply with the permitting criteria of division 51 Rules the
Department shall evaluate an application that is deemed complete and shall approve or
deny that application within 120 days including a final order as set forth in OAR 734-
051-0355:
(a) The final 60 days of the 120 days are reserved for the Contested Case Hearing
process set forth in OAR 734-051-0355;
(b) The r:: .,.,'''''''''''' ,I shall use division 5] and ORS Chapter 374 and may use other
applicable ~~":"':"" admin:,...,..:,: rules, or ." ." Is to e\ ",:..,.... and act on an application;
(c) ]f an application is "u" , .d, the D _,'" __ ent shall issue a C..",., .ction Permit or
a Permit to O,.~.~:. as set forth in sections (10) through (13) of this rule; and
(d) Denial of an application is an appealable decision.
(9) If approval of an approach requires a deviation from access management spacing
standards or access management spacing standards for approaches in an interchange area,
a Traffic Impact Study may be required and the Department may approve or deny the
deviation as set forth in OAR 734-051-0135:
(a) Approval of a deviation may be _J.d\(oned upon changes to a proposed site plan
including reI. _,,:',.. of buildings, c: ".. .,;., to <",:':", g or circulation, reduction of the
:. _....:./ of use, or variances from local J ...'" t: ction regulations; and
(b) Denial ofa deviation from spacing standards is an appealable decision.
(10) If a land use action is pending, including an appeal of a final land use decision
or a limited land use decision, for a property for which an ...,./Ac...::on has been ".. \. .:::d,
the application may be a.....__d and processed:
(a) Approval will be conditioned on the D.,.~, ....ent . ..~:. :..g notice of.,.-.-". :al of
the land use action shown on the application.
(b) A Co..,......:on Permit may be issued while the local land use ~.::_.. is pending.
A deposit may be . ..,_:. .1, to be determined in the manner used for a 11....,. --~'J
Approach in OAR 734-051-0095(2), to ensure that the'u..".h will be removed if the
land use is not ,',' ,.' ,oed.
(c) A Permit to Operate shall not be issued until the applicant provides the
Department with written proof of final land use decision.
Div. 51, 01/29/07
11
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(11) To obtain a Construction Permit an applicant must submit construction drawings
and plans within 60 days of notice of approval of an application when use of the
Department's standard drawings is not appropriate. The Region Manager determines the
acceptability of submitted construction plans. If plans are not submitted within the 60
days and no request for extension is received within that time, the approval will be void.
(12) The Department shall issue a Construction Permit as set forth in OAR 734-051-
0175 upon approval of an application and approval of construction drawings and plans
where required; and
(a) An approach approved by a Construction Permit must be constructed as required
by OAR 734-051-0175 through 734-051-0245; and
(b) An applicant must have insurance, bonds, and deposits in place before
construction begins and must provide 30 days written notice of cancellation or intent not
to renew insurance coverage as set forth in OAR 734-05]-0215.
(13) The Department shall issue a Permit to Operate as set forth in OAR 734-051-
0245.
(14) An applicant may request a Region Review of an appealable decision within 2]
days of notice of that decision as set forth in OAR 734.051-0345:
(a) An applicant may request a collaborative discussion within the Region Review
process; and
(b) The Region Review process stays the 120.day time line for approval or denial of
an application.
(c) An applicant may request a Contested Case Hearing following a Region Review
and the hearing will be on the original decision.
(15) An applicant may request a Contested Case Hearing of an appealable decision
within 21 days of notice of that decision, or within 21 days of notice ofa Region Review
decision, as set forth in OAR 734-051-0355.
(16) Division 51 time lines may be extended if the applicant and the Department
agree in writing before the applicable deadline, as specified in these rules. Any agreement
to extend a time line shall include a new deadline date and shall state the reason for the
extension. Applications for which an extension of time has been issued will expire on the
deadline date specified in the extension letter if no new extension has been agreed to and
the activities for which the deadline was extended have not been completed.
(17) An application will expire after 120 days of inactivity on the part of the
applicant if the Department sends a reminder letter to notifY the applicant that 90 days
have passed with no activity, and advising that the application will expire in 30 days if
the application continues to be inactive. Submittal of any information after the date of
expiration will require a new application.
Stat. Auth.: ORS 184,616, 184.619,374.310,374.312 & 374.345
Stats, Implemented: ORS 374.305 - 374.350 & 374.990
Hist: TO 4.2000, f. 2.14-00, cert. ef, 4-1-00; HWD 2-2004, f. 2.18-04, cert. ef. 3-1-04, 734-051-0090
and 734-051-0100 renumbered into 734.051-0070; HWD 2-2007, f. & cert. ef. 1-26-07
Div. 51, 01/29/07
12
Date Received:, 1~J"
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734-051-0080
Criteria for Approving aD Application for an Approach
(1) The following apply to all applications:
(a) Existence of a recorded L,--,_._____: does not by itself establish a right of access and
does not gu.... .....:.. the approval of an application or the location of an approach.
(b) ]fan application is for a double-frontage "",",,,_.:) the "u..".h must be located
on the lower classification hi",:, ",,) except where the Region Access Mana",_" ...:
Engineer determines that an ",_" ..,:h to the higher clas,:::_~.\:ln : " d ",'/ would better
meet the "n' ,'al criteria in sections (2) through (I ]) of this rule.
(c) Where a development includes multiple parcels, the development is evaluated in
its entirety, regardless of the number of individual parcels or ownership .. ,,' ;,.',ned within
the development, and applications will not be accepted for individual parcels or
ownership.
(2) For a ".: . ~:" approach with no alternate access to the Y' u"....:/ the Region
Manager shall ~r'r.,.:e an application if the applicant ~_",.__-,:'~,.-, that section (10) of
this rule is met.
(3) For a private ". r' '. "..ch in a rural area and on a statewide, regional, or district
highway or an vAp,_""uj or within the influence area of an expressway interchange or
~L~,,~/ :..:..J..ange, with alternate access to the ". ",,":J> the Region Manager shall
approve an application if the applicant demonstrates that:
(a) Either:
(A) The alternate ~_._"o cannot be made reasonable as set forth in section (8) of this
rule; or
(8) The proposal is for infill or redevelopment and "n" "ll of the proposal will
result in a net reduction oL'rr'" ;.,.s on the hi",:. ,,~) or the net result", 'r-'" es safety
for any remaining "'rr ' . '" .hes; and
(b) Section (10) of this rule is met.
(4) For a private approach in an urban area and on a statewide, regional, or district
highway or within the influence area of an expressway interchange or freeway
interchange, with alternate access to the property, the Region Manager shall approve an
application, even where the Department has evidence that the alternate access is
reasonable, if the applicant provides substantial evidence that demonstrates that:
(a) The alternate access is not reasonable as set forth in section (8) of this rule; and
(b) Section (10) of this rule is met.
(5) For a r ,.., ,,',:~ approach in an urban area and on a 0...:,,, :de, . .",:...al, or district
highway or within the influence area of an expressway interchange or freeway
interchange, with alternate access to the "." r..:J> the Region Manager shall ~""." ,~ an
application if the applicant demo _,..",.." that:
(a) The al.......~.. access is reasonable as set forth in section (8) of this rule; and
(b) Section (10) and 0..::.__ (] 1) of this rule are met.
(6) For a public or private approach in an urban area and on an expressway, with
alternate access to the property, the Region Manager shall approve an application if the
applicant demonstrates that:
(a) The alternate access ~annot be made reasonable as set forth in section (8) of this
rule, and section (10) and sectIon (J 1) of this rule are met; or
Div. 51, 01/29/07
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(b) The approach provides an immediate and long-term benefit to the state highway
system, as set forth in OAR 734-051-0085, regardless of any required safety or
operations mitigation measures, and section (10) of this rule is met.
(7) For a public approach on a statewide, regional, or district highway or an
expressway the Region Manager shall ~"t'" v.'e an application if:
(a) The applicant demonstrates that the approach enhances connectivity consistent
with, and is included in, the jurisdiction's adopted comprehensive plan, corridor plan, or
transportation system plan unless the jurisdiction is exempt from transportation system
planning requirements under OAR 660-0]2-0055;
(b) The applicant demonstrates that section (10) and subsections (1 ])(a) and (b) of
this rule are met; and
(c) The Permit to Operate is issued to the local jurisdiction.
(8) Which approval criteria will be applied to an application (sections (2) through (7)
of this rule) depends in part upon whether alternate access to the site is or can be made
reasonable, which is determined based upon the following:' .
ta) t ne Department determines that alternate access to the property is sufficient to
allow the authorized uses for the property identified in the acknowledged local
comprehensive plan.
(b) The Department determines that the type, number, size and location of
approaches are 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.
(c) The Department may require mitigation measures are set forth in OAR 734.051-
0]45:
(A) Including where the applicant or the local jurisdiction commits proportional
shares for the cost of removal or mitigation of geographic, safety, or physical restrictions
on the property or local street network; and
(B) Neither a lack of commitment by a local government to share the cost of
mitigation nor the cost of mitigation alone is determinative in evaluating whether the
access is or could be made reasonable.
(d) Consideration off actors including:
(A) Legal restrictions;
(B) Geographic restrictions;
(C) Historical or cultural resources;
(0) Safety factors; and
(E) Physical considerations such as planned streets, roadway width, and weight and
size restrictions.
(e) Where a significant difference exists between an existing and planned local road
network, a phased method addressing access may be considered:
(A) Where a planned public street or road network cannot be provided at the time of
development, an application may be approved with conditions requiring connection when
such connection becomes available;
(B) The approach permit may be revoked and the approach removed, or the approach
permit may be modified and mitigation required when the planned street or road network
becomes available; and
(C) An agreement with the local government regarding the planned street or road
network may be an intergovernmental agreement.
Div. 51, 01/29/07
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(9) For purposes of Division 5], safety factors include:
(a) Roadway character;
(b) Tmffic character;
(c) Geometric character;
(d) Environmental character; and
(e) Operational character.
(10) As required by sections (2) through (7) of this rule an applicant must
demonstrate, consistent with Division 51 rules, that:
(a) The approach is consistent with safety factors in section (9) of this rule;
(b) Spacing standards are met or a deviation is approved as set forth in OAR 734-
051-0135; and
(c) The effect of the approach meets traffic operations standards, signals, or signal
systems standards in OAR 734-020-0400 through 734-020-0500 and OAR 734-051-0115
and 734-051-0125.
(11) As required by sections (5) through (7) of this rule the Department may require
an applicant to demonstrate that:
(a) Highway mobility standards are met on state highways;
(b) The approach is consistent with an Access Mitigation Proposal, Access
Management Strategy, or Access Management Plan for the segment of highway abutting
the property, if applicable;
(c) The site plan shows that the site circulation does not require vehicles, once on
site, to reenter the highway to access parking or other portions of the development; and
(d) More than one approach to the highway is necessary to accommodate traffic
reasonably anticipated to the site if multiple approaches are requested.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 and 374.345; Ch. 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: OKS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
His\: TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04
734-051-0085
Benefit to the State Highway System
(1) For the purposes of this rule a benefit to the state highway system:
(a) Will be found only where an applicant demonstrates that an approach will
provide an immediate and long-term benefit to the state highway system;
(b) Is evaluated for no less than 20 years;
(c) For an Application for a Grant of Access, must exceed any mitigation of impacts
related to the development regarding safety and operations; and
(d) Is a determination requiring the professional judgment of a professional engineer
employed by the Department.
(2) For an Application for State Highway Approach or for an Application for a Grant
of Access the Department may determine a benefit to the state highway system exists if
the requirements of subsections (a) and (b) of this section are met:
(a) The applicant demonstrates better management of access as a result of either
controlling or combining approach locations, or eliminating existing or planned
approaches by improving:
Div, 51, 01/29/07
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Date Received:~~.f
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(A) Access management spacing standards;
(B) Public approach spacing; or '
(C) Intersection sight distance.
(b) The applicant demonstrates with no degradation of the criteria in paragraphs (A)
through (E) of this subsection, that any of the following occur:
(A) Highway mobility standards improve.
(B) Safety improves on the section of highway where the approach is located.
(C) Safety problems in the general vicinity are eliminated because of closure of an
existing approach.
(D) Operations in the general vicinity improve as a result of connectivity, traffic
diversions, or other traffic engineering techniques.
(E) The applicant demonstrates that off-system connectivity improves and reduces
demand to the state highway system without creating operational or safety problems
elsewhere:
(i) Off-system connectivity must occur immediately; or
(ii) Off. system connectivity must be committed for construction as evidenced by the
local government's adopted Capital Improvement Plan.
(F) The Department determines that other circumstances result in a benefit to the
state highway system.
(3) For an Application for State Highway Approach, for a private or public approach
in an urban area and to an expressway, the Department may presume that a benefit to the
state highway system exists if the requirements of subsection (a) of this section are met,
or the requirements of subsections (b) and (c) of this section are met:
(a) Where a change of use occurs, approaches to the expressway are combined or
eliminated resulting in a net reduction in the number of approaches to the expressway,
and the applicant demonstrates an improvement of:
(A) Access management spacing standards;
(B) Public road intersection spacing; or
(C) Intersection sight distance.
(b) The Department determines that an improvement in safety occurs on the section
of expressway where an approach is requested and both paragraphs (A) and (B) of this
subsection are met:
(A) Only one approach to the expressway is requested and:
(i) Where a new approach is requested, no approach to the site currently exists; or
(ii) Where a change of use occurs, only one private approach to the site currently
exists; and
(B) An improvement in safety occurs on the expressway primarily and on other state
highways secondarily and includes:
(i) A decrease in the number of existing conflict points;
(ii) Elimination of existing left turns;
(iii) Elimination of an existing overlap of left turn movements;
(iv) The addition of a left turn lane where existing conditions meet the Department's
installation criteria; or
(v) Provision of adequate sight distance at the alternate approach or the subject
approach where existing sight distance is deficient.
Div. 51, 01/29/07
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(c) The Region Access Management Engineer determines that the approach results in
a benefit to the state highway system due to other circumstances.
(4) A benefit to the state highway system is determined by:
(a) The Region Access Management Engineer when an Application for State
Highway Approach is submitted for a private approach in an urban area and on an
expressway; or
(b) The Department's Technical Services Manager when an Application for a Grant
of Access is submitted.
Stat. Auth.: ORS 184,616. 184,619,374.310,374.312 and 374.345; Ch. 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: OKS 374.305 to 347.345 and 374.990; Ch. 974, Oregon Laws 1999; Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04
734-051-0090
Application Submittal Requirements
[Hist: TO 4-2000, f. 2.14-00, cert. ef. 4-1-00, Renumbered from 734-050.0015; Renumbered to 734-
051-0070 by HWD 2.2004, f. 2-18-04, cert. ef. 3-1-04]
734-051-0095
Temporary Approaches
(1) The Region Manager may approve an application for a temporary approach
where:
(a) The approach is consistent with safety factors;
(b) Conditions such as signing or flagging are identified on the Construction Permit
and the Permit to Operate and are enforced during construction and operation; and
(c) A closure date is specified on the Permit to Operate.
(2) A deposit of not less than $] 000 per temporary approach is required prior to
issuance of a Construction Permit and a Permit to Operate a Temporary Approach to
guarantee its removal by the applicant:
(a) The appropriate District office will determine the amount of the deposit;
(b) ]fthe Department incurs no expense in the removal of the temporary approach,
the entire deposit is refunded to the applicant; and
(c) ]f the Department incurs any expenses in the removal of the approach, the
applicant will be billed for the amount in excess of the amount deposited or refunded the
difference if the expense is less than the amount deposited.
(3) The Region Manager may extend the time period for a temporary approach where
extenuating circumstances beyond the control of the applicant or permitee exist.
(4) Existence of a recorded easement does not by itself establish a right of access and
does not guarantee the approval of an application for a temporary approach or the
location of a temporary approach.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 and 374.345; Ch. 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: ORS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Div. 51, 01/29/07
17
Date Received:~&..1 -
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Hist.: HWD 2.2004, f. 2.18-04, cert. ef. 3-1-04, Renumbered from 734-051-0120
734-051-0100
Application Procedure
(Hist: TO 4-2000, f. 2-14-00, cert. ef. 4.1-00; Renumbered to 734.051-0070 by HWD 2.2004, f. 2-18-
04, cert. ef. 3-1.04]
734-051-0105
Restricted Use Approaches
(1) The Region Manager may approve an application for a restricted use approach
where the approach is consistent with safety factors.
(2) The Department shall require restricted use approaches:
(a) To be restricted from general use by physical means such as a gate or other
design approved by the Department; and
(b) May require special design considerations such as reinforced sidewalks, curb
design options, and landscaping considerations.
(3) The Region Manager may require mitigation measures to be incorporated into a
Construction Permit and a Permit to Operate a Restricted Use Approach.
(4) Existence of a recorded easement does not by itself establish a right of access and
does not guarantee the approval of an application for a restricted use approach or the
location of a restricted use approach.
Stat. Auth.: ORS 184,616,814.619,374.310,374.312 and 374.345; Ch. 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: ORS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2.18-04, cert. ef. 3.1-04
734-051-0110
Change in Use of an Approach
[His\: TO 4-2000, f. 2.14-00, cert. ef. 4-1.00, Renumbered from 734-050-0065; Renumbered to 734.
051-0045 by HWD 2-2004, f. 2.18-04, cert. ef. 3.1-04]
734-051-0115
Access Management Spacing Standards for Approaches
(1) Access management spacing standards for approaches to state highways:
(a) Are based on the classification of the highway and highway segment designation,
type of area, and posted speed;
(b) Apply to properties abutting state highways, highway or interchange construction
and modernization projects, and planning processes involving state highways or other
projects determined by the Region Manager; and
(c) Do not apply to approaches in existence prior to April ], 2000 except where any
of the following occur:
(A) These standards will apply to private approaches at the time ofa change of use.
Div. 51, 01/29/07
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Date ~eceived:. ~ ~o
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(B) If infill development or redevelopment occurs, spacing and safety factors will
improve by moving in the direction of the access management spacing standards, with the
goal of meeting or improving compliance with the access management spacing standards.
(C) For a highway or interchange construction or modernization project or other
roadway or interchange project determined by the Region Manager, the project will
improve spacing and safety factors by moving in the direction of the access management
spacing standards, with the goal of meeting or improving compliance with the access
management spacing standards.
(2) Spacing standards in Tables 1, 2 and 3 adopted and made a part of this rule,
identifY the spacing standards. The Region Access Management Engineer may apply the
'urban' standards to infill or redevelopment projects in a rural area on commercial or
industrial zoned land where the land has been developed into an urban block pattern
including a local street network, and the posted highway speed is at or below 45 miles per
hour.
(3) An applicant may provide evidence to support a determination that an approach is
located in a commercially zoned area that has the characteristics established in the
Oregon Highway Plan for a Special Transportation Area (ST A) or for an Urban
Business Area (UBA), in which case the spacing standards for such segment designation
may be applied to the application. A decision by local government or by the Oregon
Transportation Commission to either designate or not designate an ST A and/or UBA
makes this provision unavailable. This provision may not be applied where a
management plan would be required for an ST A or a UBA under the provisions of the
Oregon Highway Plan.
(4) Deviations must meet the criteria in OAR 734-051-0135.
(5) Location of traffic signals on state highways must meet the criteria of OAR 734-
020-0400 through 734-020-0500.
Stat. Auth.: ORS 184,616, 184.619,374.310,374.312,374.313 & 374.345
Stats, Implemented: ORS 374.305 - 374.350 & 374.990
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0190; HWD 8-2005, f. &
cert. ef. 9-16-05; HWD 2-2007, f. & cert. ef. (-26-07
734-051-0120
Temporary Approaches
[TO 4-2000, f. 2-14-00, cert. ef, 4-1-00, Renumbered from 734-050-0060; Renumbered to 734-051-
0095 by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
734-051-0125
Access Management Spacing Standards for Approaches in an Interchange Area
(1) Tables 4, 5, 6 and 7 identifY the spacing standards for approaches in the area of
an interchange, which are shown in Figures 1, 2, 3 and 4. These tables and figures are
adopted and made a part of this rule. The spacing standards:
(a) Are based on classification of highway and highway segment designation, type of
area, and posted speed;
Div. 51, 01129/07
19
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(b) Apply to properties abutting state highways, highway or interchange construction
and modernization projects, planning processes involving state highways, or other
projects determined by the Region Manager; and
(c) Do not apply to approaches in existence prior to April ],2000 except where any
of the following occur;
(A) These standards will apply to private approaches at the time of a change of use.
(B) If infill development or redevelopment occurs, spacing and safety factors will
improve by moving in the direction of the access management spacing standards, with the
goal of meeting or improving compliance with the access management spacing standards.
(C) For a highway or interchange construction or modernization project or other
roadway or interchange project determined by the Region Manager, the project will
improve spacing and safety factors by moving in the direction of the access management
spacing standards, with the goal of meeting or improving compliance with the access
management spacing standards.
(2) When the Department approves an application:
(a) Access spacing standards for approaches in the area of an interchange shown in
Figures 1,2,3 and 4 must be met or approaches must be combined or eliminated to
result in a net reduction of approaches to the state highway and improve compliance with
spacing standards; and
(b) The approach must be consistent with any applicable Access Management Plan
or Interchange Area Management Plan.
(3) Deviations must meet the criteria in OAR 734-051-0135.
(4) Location of traffic signals within an interchange area illustrated in Figures 1,2,3
and 4 must meet the criteria of OAR 734-020-0400 through 734-020-0500.
(5) The Department should acquire access control on crossroads around interchanges
for a distance of 1320 feet. ]n some cases it may be appropriate to acquire access control
beyond 1320 feet.
Stat. Auth,: ORS 184.616, 184.619,374.310,374.312 & 374.345
Stats. Implemented: ORS 374.305 -374.350 & 374.990
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0200; HWD 2-2007, f. &
cert. ef. 1-26-07
734-051-0130
Application for an Approach
[TO 4-2000, f. 2-14-00, cert, ef, 4-1-00; Repealed by HWD 2-2004, f. 2.18-04, cert. ef. 3-1-04]
734-051-0135
Deviations from Access Management Spacing Standards
(1) A deviation will be considered when an approach does not meet spacing
standards and the approach is consistent with safety factors in OAR 734-051-0080(9).
The information necessary to support a deviation must be submitted with an application
or with the supplemental documentation as set forth in OAR 734-05 I -0070(5) and (6).
(2) For a private approach with no reasonable alternate access to the property, as
identified in OAR 734-051-0080(2), spacing standards are met if property frontage
allows or a deviation is approved as set forth in this section. The Region Manager shall
Div. 51, 01/29/07
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Date Received: r/-;/.)oir-
Planner: AL
approve a deviation for a property with no reasonable alternate access if the approach is
located:
(a) To maximize the spacing between adjacent approaches; or
(b) At a differenllocation if the maximized approach location:
(A) Causes safety or operational problems; or
(B) Would be in conflict with a significant natural or historic feature including trees
and unique vegetation, a bridge, waterway, park, archaeological area, or cemetery.
(3) The Region Access Management Engineer shall approve a deviation if:
(a) Adherence to spacing standards creates safety or traffic operation problems;
(b) The applicant provides a joint approach that serves two or more properties and
results in a net reduction of approaches to the highway;
(c) The applicant demonstrates that existing development patterns or land holdings
make joint use approaches impossible;
(d) Adherence to spacing standards will cause the approach to conflict with a
significant natural or historic feature including trees and unique vegetation, a bridge,
waterway, park, archaeological area, or cemetery;
(e) The highway segment functions as a service road;
(f) On a couplet with directional traffic separated by a city block or more, the request
is for an approach at mid-block with no other existing approaches in the block or the
proposal consolidates existing approaches at mid-block; or
(g) Based on the Region Access Management Engineer's determination that:
(A) Safety factors and spacing significantly improve as a result of the approach; and
(B) Approval does not compromise the intent of these rules as set forth in OAR 734-
051-0020.
(4) When a deviation is considered, as set forth in section (I) of this rule, and the
application results from infill or redevelopment:
(a) The Region Access Management Engineer may waive the requirements for a
Traffic Impact Study and may propose an alternative solution where:
(A) The requirements of either section (2) or section (3) of this rule are met; or
(B) Safety factors and spacing improve and approaches are removed or combined
resulting in a net reduction of approaches to the highway; and
(b) Applicant may accept the proposed alternative solution or may choose to proceed
through the standard application review process.
(5) The Region Access Management Engineer shall require any deviation for an
approach located in an interchange access management area, as defined in the Oregon
Highway Plan, to be evaluated over a 20-year horizon from the date of application and
may approve a deviation for an approach located in an interchange access management
area if:
(a) A condition of approval, included in the Permit to Operate, is removal of the
approach when reasonable alternate access becomes available;
(b) The approach is consistent with an access management plan for an interchange
that includes plans to combine or remove approaches resulting in a net reduction of
approaches to the highway;
(c) The applicant provides a joint approach that serves two or more P' vp~, ;ies and
results in a net reduction of approaches to the highway; or
Div. 51, 01/29/07
21
Date Received: ~4-~r
Planner: AL
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(d) The applicant demonstrates that existing development patterns or land holdings
make utilization of a joint approach impracticable.
(6) The Region Access Management Engineer may approve a deviation for a public
approach that is identified in a local comprehensive plan and provides access to a public
roadway if:
(a) Existing public approaches are combined or removed; or
(b) Adherence to the spacing standards will cause the approach to conflict with a
significant natural or historic feature including trees and unique vegetation, a bridge,
waterway, park, archaeological area, or cemetery.
(7) The Region Access Management Engineer may require that an access
management plan, corridor plan, transportation system plan, or comprehensive plan
identifies measures to reduce the number of approaches to the highway to approve a
deviation for a public approach.
(8) The Region Access Management Engineer shall not approve a deviation for an
approach if any of the following apply:
(a) Spacing standards can be met even though adherence to spacing standards results
in higher site development costs.
(b) The deviation results from a self-created hardship including:
(A) Conditions created by the proposed site plan, building footprint or location, on-
site parking, or circulation; or
(8) Conditions created by lease af>.v.....ents or other voluntary legal obligations.
(c) The deviation creates a significant safety or traffic operation problem.
(9) The Region Access Management Engineer shall not approve a deviation for an
approach in an interchange access management area where reasonable alternate access is
available and the approach would increase the number of approaches to the highway.
(10) Where section (2), (3), (4), (5) or (6) of this rule cannot be met, the Region
Manager, not a designee, may approve a deviation where:
(a) The approach is consistent with safety factors; and
(b) The Region Manager identifies and documents conditions or circumstances
unique to the site or the area that support the development
(11) Approval of a deviation may be conditioned upon mitigation measures set forth
in OAR 734-051-0145.
(12) Denial of a deviation is an appealable decision.
Stat. Auth.: ORS 184,616, 184.619,374.310,374.312 and 374.345; Ch, 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: ORS 374.305 to 374.345 and 374.990; Ch, 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051.0320
734-051-0140
Supplemental Documentation for Application
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Repealed by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
Div. 51, 01/29/07
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Date Received:J,4/.tnf
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734-051-0145
Mitigation Measures
(1) The Department may require mitigation measures on the state highway or the
subject property to comply or improve compliance with the division 51 rules for
continued operation of an existing approach or construction of a new approach.
(2) Unless otherwise set forth in division 51 rules, the cost of mitigation measures is
the responsibility of the applicant, permitee, or property owner as set forth in OAR 734-
051-0205.
(3) Mitigation measures may include:
(a) Modifications to an approach;
(b) Modifications of on-site storage of queued vehicles;
(c) Installation ofleft turn or right turn channelization or deceleration lanes;
(d) Modifications to left turn or right turn channelization or deceleration lanes;
(e) Modifications required to maintain intersection sight distance;
(f) Modification or installation of traffic signals or other traffic control devices;
(g) Modification of the highway;
(h) Modification or installation of curbing;
(i) Consolidation of existing approaches or provisions for joint use accesses;
G) Installation of raised medians;
(k) Restriction of turn movements for circumstances including:
(A) The proximity of existing approaches or offset of opposing approaches;
(B) Approaches within an Interchange Management Area;
(C) Approaches along an Expressway;
(0) Areas of insufficient decision sight distance for speed;
(E) The proximity of railroad grade crossings;
(F) Approaches with a crash history involving turning movements;
(0) The functional area of an intersection; and
(H) Areas where safety or traffic operation problems exist.
(I) Installations of sidewalks, bicycle lanes, or transit turnouts;
(m) Development of reasonable alternate access; and
(n) Modifications oflocal streets or roads along the frontage of the site.
(4) Mitigation measures are directly related to the impacts of the particular approach
on the highway and the scale of the mitigation measures will be directly proportional to
those impacts, as follows:
(a) Where safety standards can be met by mitigation measures located entirely within
the property controlled by the applicant or within existing state right of way, that will be
the preferred means of mitigation.
(b) Where safety standards cannot be met with measures located entirely within the
p,vp~';l controlled by the applicant or within existing state right of way, ODOT will
make an effort to participate in negotiations between the applicant and other affected
property owners or assist the applicant to take necessary actions.
(c) When cumulative effects of existing and planned development create a situation
where approval of an application would require mitigation measures that are not directly
proportional to the impacts of the proposed approach, the Region Manager may allow
mitigation measures to mitigate impacts as of the day of opening and defer mitigation of
Div, 51, 01/29/07
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Date Received:-44'/.",..,
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future impacts to ODOT project development provided the applicant conveys any
necessary right of way to ODOT prior to development of the subject approach.
(5) Mitigation to an alternate access may be more significant where the property
fronts a higher classification of highway than where the property fronts a lower
classification of highway.
(6) An applicant may propose an Access Mitigation Proposal or an Access
Management Plan to be implemented by the applicant or the local jurisdiction.
(7) The Department will work with the local jurisdiction and the applicant to
establish mitigation measures and alternative solutions including:
(a) Changes to on-site circulation;
(b) On-site improvements; and
(c) Modifications to the local street network.
(8) Where mitigation measures include traffic controls:
(a) The applicant bears the cost of the controls and constructs required traffic
controls within a timeframe identified by the Department or reimburses the Department
for the cost of designing, constructing, or installing traffic controls; and
(b) An applicant that is a lessee must provide evidence of compliance with required
traffic controls and must identify the party responsible for construction or installation of
traffic controls during and after the effective period of the lease.
(9) Traffic signals are approved in the following priority:
(a) Traffic signals for public approaches.
(b) Private approaches identified in a transportation system plan to become public.
(c) Private approaches.
(10) Traffic signals are approved with the following requirements:
(a) A signalized private approach must meet spacing standards for signalization
relative to all planned future signalized public road intersections; and
(b) The effect of the private approach must meet traffic operations standards, signals,
or signal systems standards in OAR 734-020-0400 through 734-020-0500 and 734-05]-
0115 and 734-051-0125.
(11) All highway improvements within the right of way resulting from mitigation
constructed by the permitee, and inspected and accepted by the Department, become the
property of the Department.
(12) Approval of an application with mitigation measures is an appealable decision.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 & 374.345
Stats. Implemented: ORS 374.305 - 374.350 & 374,990
Hist.: HWD 2-2004, f. 2-18.04, cert. ef. 3-1-04, Renumbered from 734-051-0210; HWD 2-2007, f. &
ecrt. ef. 1-26-07
734-051-0150
Vicinity Map
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Repealed by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
Div. 51, 01129/07
24
Date Received:~~.t
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734-051-0155
Access Management Plans and Interchange Area Management Plans
(1) The Department encourages the development of Access Management Plans and
Interchange Area Management Plans to maintain and improve highway performance and
safety by improving system efficiency and management before adding capacity. Access
Management Plans and Interchange Area Management Plans:
(a) Must be consistent with Oregon Highway Plan;
(b) Must be used to evaluate development proposals; and
(c) May be used to determine mitigation for development proposals.
(2) Access Management Plans and Interchange Area Management Plans must be
adopted by the Oregon Transportation Commission as a transportation facility plan
consistent with the provisions of OAR 731-0] 5-0065. Prior to adoption by the Oregon
Transportation Commission, the Department will work with local governments on any
amendments to local comprehensive plans and transportation system plans and local land
use and subdivision codes to ensure the proposed Access Management Plan and
Interchange Area Management Plan is consistent with the local plan and codes.
(3) The priority for developing Access Management Plans should be placed on
facilities with high traffic volumes or facilities that provide important statewide or
regional connectivity where:
(a) Existing developments do not meet spacing standards;
(b) Existing development patterns, land ownership patterns, and land use plans are
likely to result in a need for deviations; or
(c) An Access Management Plan would preserve or enhance the safe and efficient
operation of a state highway or interchange.
(4) An Access Management Plan may be developed:
(a) By the Department;
(b) By local jurisdictions; or
(c) By consultants.
(5) An Access Management Plan must comply with all of the following criteria,
unless the Plan documents why a criterion is not applicable:
(a)lnclude sufficient area to address highway operation and safety issues and
development of adjoining properties including local access and circulation.
(b) Describe the roadway network, right-of-way, access control, and land parcels in
the analysis area.
(c) Be developed in coordination with local governments and property owners in the
affected area.
(d) Be consistent with any applicable Interchange Area Management Plan, corridor
plan, or other facility plan adopted by the Oregon Transportation Commission.
(e) Include polices, provisions and standards from local comprehensive plans,
transportation system plans, and land use and subdivision codes that are relied upon for
consistency and that are relied upon to implement the Access Management Plan.
(I) Contain short, medium, and long-range actions to improve operations and safety
and preserve the functional integrity of the highway system.
(g) Consider whether improvements to local street networks are feasible.
(h) Promote safe and efficient operation of the state highway consistent with the
highway classification and the highway segment designation.
Div. 51, 01/29/07
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Date Received:~k
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(i) Consider the use of the adjoining property consistent with the comprehensive plan
designation and zoning of the area.
G) Provide a comprehensive, area-wide solution for local access and circulation that
minimizes use of the state highway for local access and circulation.
(6) The Department encourages the development of an Interchange Area
Management Plan to plan for and manage grade-separated interchange areas to ensure
safe and efficient operation between connecting roadways:
(a) Interchange Area Management Plans are developed by the Department and local
governmental agencies to protect the function of interchanges by maximizing the
capacity of the interchanges for safe movement from the mainline facility, to provide safe
and efficient operations between connecting roadways, and to minimize the need for
major improvements of existing interchanges;
(b) The Department will work with local governments to prioritize the development
oflnterchange Area Management Plans to maximize the operational life and preserve and
improve safety of existing interchanges not scheduled for significant improvements; and
(c) Priority should be placed on those facilities on the Interstate system with cross
roads carrying high volumes or providing important statewide or regional connectivity.
(7) An Interchange Area Management Plan is required for new interchanges and
should be developed for significant modifications to existing interchanges. An
Interchange Area Management Plan must comply with the following criteria, unless the
Plan documents why compliance with a criterion is not applicable:
(a) Be developed no later than the time an interchange is designed or is being
redesigned.
(b) Identify opportunities to improve operations and safety in conjunction with
roadway projects and property development or redevelopment and adopt policies,
provisions, and development standards to capture those opportunities.
(c) ]nclude short, medium, and long-range actions to improve operations and safety
within the designated study area.
(d) Consider current and future traffic volumes and flows, roadway geometry, traffic
control devices, current and planned land uses and zoning, and the location of all current
and planned approaches.
(e) Provide adequate assurance of the safe operation of the facility through the design
traffic forecast period, typically 20 years.
(f) Consider existing and proposed uses of all the property within the designated
study area consistent with its comprehensive plan designations and zoning.
(g) Be consistent with any applicable Access Management Plan, corridor plan or
other facility plan adopted by the Oregon Transportation Commission.
(h) Include polices, provisions and standards from local comprehensive plans,
transportation system plans, and land use and subdivision codes that are relied upon for
consistency and that are relied upon to implement the Interchange Area Management
Plan.
Stat. Auth.: ORS 184.616, 184,619,374.310,374.312 & 374.345
Stats. Implemented: OKS 374.305 to 374.350 & 374,990
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0360; HWD 2-2007, f. &
celt. ef. 1-26-07
Div. 51,01/29/07
26
Date Received:
Planner: AL
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734-051-0160
Drainage Plan
[TO 4-2000, f. 2-14.00, cert. ef. 4-1-00; Repealed by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
734-051-0165
Design of Approaches
(1) Approach design must conform to standards in the 2002 Oregon Highway Design
Manual and allow movement to and from the highway of vehicles reasonably expected to
utilize the approach without undue conflict with other traffic.
(2) Design of an approach may require mitigation measures as set forth in OAR 734-
051-0]45.
(3) No person may place curbs, posts, signs, or other structures on the highway right
of way without written approval of the Region Manager.
(4) An applicant is responsible for the cost of accommodating drainage from the
property .
(5) Approaches that are private road crossings must be constructed by grade
separation except where the Technical Services Manager determines that grade separation
is not economically feasible. Where no grade separation is required, the applicant shall
install signing, signalization, or other traffic safety devices the Technical Services
Manager determines necessary:
(a) The Department may construct the approach and additional facilities in
accordance with the plans and specifications approved by the Department; or
(b) The applicant may be required to install the approach and additional facilities,
other than signalization, in accordance with plans and specifications approved by the
Region Manager, where installation can be completed adequately and safely.
Stat. Auth.: ORS 184.616, 184.619,374.305,374.310,374.312 and 374.345; Ch. 972 and Ch, 974,
Oregon Laws 1999
Stat. Implemented: ORS 374.305 to 374.345 and 374,990; Ch. 974, Oregon Law 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0260
734-051-0170
Site Plan
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Repealed by HWD 2-2004, f. 2-18-04, cert, ef. 3-1-04]
734-051-0175
Issuance of Construction Permits
(1) The Region Manager shall issue a Construction Permit when construction plans,
if required, and all other required documents are received and approved.
(2) Receipt of the Construction Permit by the applicant constitutes acceptance of the
special provisions, mitigation measures, conditions, or agreements, consistent with and
identified and approved through the application process, unless the applicant provides
written notification to the Department that the special provisions, mitigation measures,
Div. 51, 01/29/07
27
Date Received: ~~~/
Planner: AL
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conditions, or agreements are not accepted within 21 days of the date of mailing
Construction Permit.
(3) If the applicant does not accept the special provisions, mitigation measures,
conditions, or a5, ~....,ents the Construction Permit will be void.
(4) The applicant must provide the Department with proof of liability insurance and
bond or deposit in lieu of bond as required by OAR 734-05] -02] 5 within 60 days from
the date oftransmittal or the Construction Permit and approval of the application are
void.
(5) No work on highway right of way may begin until an applicant obtains a valid
Construction Permit, approved and signed by the Region Manager.
Stat. Auth.: ORS 184,616, 184.619,374.3]0,374.312 and 374.345; Ch. 972 and Ch. 974, Orego~
Laws 1999
Stat. Implemented: OKS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0230
734-051-0180
Transportation Impact Study
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Repealed by HWD 2-2004, f. 2-18-04, cert, ef. 3-1-04]
734-051-0185
Construction of Approaches
(1) An applicant must notify the Region Manager at least two work days prior to
beginning construction.
(2) Construction must conform to the terms of the Construction Permit including any
special provisions, mitigation measures, conditions, or agreements, and the applicant
must notify the Region Manager when construction is complete.
(3) Upon inspection of the approach the Department shall notify the applicant if
construction deficiencies exist:
(a) The applicant must correct all deficiencies within 60 days of notification that
deficiencies exist and notify the Region Manager; and
(b) The Region Manager shall re-inspect the approach.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 and 374.345; Ch. 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: OKS 374.305 to 374.345 and 374.990; Ch, 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0250
734-051-0190
Access Management Spacing Standards for Approaches
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0115 by HWD 2-2004, f, 2-18-04,
cert. ef. 3-1-04]
Div. 51, 01/29/07
28
Date Received:~ _
Planner: AL
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734-051-0195
Err...~;:,... Period of Construction Permits
(1) 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) ]f an applicant fails to comply with the terms and conditions of the Construction
Permit the Department may, at the applicant's expense:
(a) Reconstruct or repair the approach; or
(b) Cancel the Construction Permit and remove the approach.
Stat. Auth.: ORS 184,616, 184.619,374.310,374.312 and 374.345; Ch, 972 and Ch, 974, Oregon
Laws 1999
Stat. Implemented: ORS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2. I 8-04, cert. ef. 3-1-04, Renumbered from 734-051-0240
734-051-0200
Interchange Access Management Area Spacing Standards for Approaches
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0125 by HWD 2-2004, f.2-18-04;
cert. ef. 3-1-04]
734-051-0205
Allocation of Costs for Construction and Maintenance of Approaches
(1) Except as otherwise provided in the Division 5] rules, the applicant or permitee
is responsible for the cost of mitigation measures and the cost of construction of an
approach including the cost of materials, labor, signing, signals, structures, equipment,
traffic channelization, and other permit requirements.
(2) The Department may be responsible for the cost of mitigation measures and the
cost of construction of an approach where the costs are a part of the terms and conditions
ofa right of way acquisition obligation or other contractual agreement.
(3) The Department is responsible for the cost of removal or relocation of a
permitted or grandfathered approach during project delivery unless the removal or
relocation is at the request of a permitee or owner of a grandfathered approach.
(4) The applicant, permitee, or owner ofa grandfathered approach is responsible for
the cost of maintenance of an approach from the outside edge of the highway pavement,
shoulder, or curb-line to the right of way line, and any portion of the approach on the
applicant's property required to be maintained as part of the permit.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 and 374.345; Ch, 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: OKS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0270
Div. 51, 01/29/07
29
Date Received: rfr~!'
Planner: AL
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734-051-0210
Mitigation Measures
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0145 by HWD 2-2004, f. 2-18-04,
cert. ef. 3-1-40]
734-051-0215
Liability and Control for Construction and Maintenance, Repair, Operation and
Use of Approaches
(1) An applicant or permitee 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 Permit to Operate is issued and
where the applicant may be legally liable,
(2) An applicant or permitee indemnifies and holds harmless the State of Oregon, the
Commission, the Department, and all officers, employees or agents of the Department
against damages, claims, demands, actions, causes of action, costs, and expenses of
whatsoever nature which may be sustained by reasons of the acts, conduct, or operation
of the applicant, his agents, or employees in connection with the construction,
maintenance, repair, operation, or use of an approach.
(3) Construction of an approach may not begin until the applicant provides the
Department with evidence of insurance in the following minimum amounts:
(a) $50,000 for property damage resulting from any single occurrence, or $500,000
combined single limit; and
(b) $200,000 for the death or injury of any person, subject to a limit of $500,000 for
any single occurrence.
(4) Insurance policies must include as named as insured the State of Oregon, the
Commission, and the Department, its officers, agents and employees, except as to claims
against the applicant, for personal injury to any members of the Commission or the
Department and its officers, agents, and employees or damage to any of its or their
property .
(5) Construction of an approach may not begin until a copy of the insurance policy or
a certificate showing evidence of insurance is filed with the Department
(6) An applicant or permitee shall provide 30 days written notice to the Department
of intent to cancel or intent not to renew insurance coverage. Failure to comply with
notice provisions does not affect coverage provided to the State of Oregon, the
Commission, or the Department, its officers, agents and employees.
(7) If the highway surface or highway facilities are damaged by the applicant or the
applicant's contractor, the applicant must replace or restore the highway or highway
facilities to a condition satisfactory to the Department.
(8) The applicant or permitee must furnish, in an amount specified by the Region
Manager and for the time period necessary to install the approach, a cash deposit or a
bond issued by a surety company licensed to do business in the State of Oregon to ensure
that any damage to the highway has been corrected to the Department's satisfaction; and
no construction is performed until a deposit or bond is filed with the Department
(9) The applicant or permitee is responsible for relocating or adjusting any utilities
located on highway right of way when required for accommodation of the approach, and
no construction may be p~l1v....ed until the applicant furnishes evidence to the
Div. 51, 01/29/07
30
Date Received:_~~
Planner: AL
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Department that satisfactory arrangements have been made with the owner of the affected
utility facility.
(10) The applicant or permitee is responsible for erosion control during construction
of the approach.
(11) Where warning signs are required by the Construction Permit, other regulations,
or the Region Manager, the Department furnishes, places, and maintains the signs at the
applicant's or permitee' s expense, and unauthorized signs are not allowed on any portion
of the right of way.
(12) The work area during any construction or maintenance performed under a
Construction Permit or a Permit to Operate is protected in accordance with the Manual on
Uniform Traffic Control Devices adopted under OAR 734-020-0005.
(13) An applicant or permitee shall provide true and complete information, and if
any required fact that is material to the assessment of the approach's impact upon traffic
safety, convenience or the legal or property rights of any person (including the State of
Oregon) is false, incorrect or omitted, the Region Manager may:
(a) Deny or revoke the Construction Permit; and
(b) At the applicant's or permitee's expense:
(A) Require the applicant or permitee to remove the approach and restore the area to
a condition acceptable to the Region Manager;
(B) Require the applicant or permitee to provide additional safeguards to protect the
safety, convenience, and rights of the traveling public and persons (including the State), if
such safeguards are adequate to achieve these purposes, as a condition of the continued
validity of the Permit to Operate;
(C) Reconstruct or repair the approach; or
(0) Remove the approach.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 and 374.345; Ch. 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: ORS 374.305 to 374.345 and 374,990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-]8-04, cert. ef. 3-1-04, Renumbered from 734-05]-0280
734-051-0220
Submittal of Construction Drawings and Plans
[TO 4-2000, f. 2-14-00, cert, ef. 4-1-00; Repealed by HWD 2-2004, f. 2-18-04, celt. ef. 3-1-04]
734-051-0225
Post-Decision Review Procedure for Construction Permits
(1) An applicant may request a post-decision 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 Construction
Permit is available; or
(c) Requirements oflocal governments or state agencies are relevant to the
modification of the Construction Permit.
Div. 51, 01/29/07
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Date Received:_~~!
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(2) The Region Manager shall determine if a request for a post-decision review
meets the criteria in section (I) of this rule.
(3) The Region Manager may conduct a post.decision review and may modifY the
Construction Permit.
(4) A post-decision review does not stay the time period to request a Region Review
or Contested Case Hearing.
(5) A post-decision review decision to modifY a construction permit is an appealable
decision.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 & 374.345
Stats. Implemented: OKS 374.305 . 374.350 & 374.990
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0235; HWD 2-2007, f. &
cert. ef. 1-26-07
734-051-0230
Issuance of Construction Permits
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0175 by HWD 2-2004, f. 2-18-04,
cert. ef. 3-1-04]
734-051-0235
Post-Decision Review Procedure
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0225 by HWD 2-2004, f. 2-18-04,
cert. ef. 3-1-04]
734-051-0240
Effective Period of Construction Permits
[TO 4.2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0195 by HWD 2-2004, f. 2-18-04,
cert. ef. 3-1-04]
734-051-0245
Issuance of a Permit to Operate, Maintain and Use an Approach
(1) The Department shall issue a Permit to Operate upon approval of an application,
where no Construction Permit is required, or upon notification by the applicant that
construction is complete and when the approach conforms to the terms and conditions of
the Construction Permit.
(2) Use of an approach is legal only after a Permit to Operate is issued.
Stat. Auth.: ORS 184,616, 184.619,374.310,374.312 and 374.345; Ch. 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: OKS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef 3-1-04, Renumbered from 734-051-0290
Div. 51, 01/29/07
32
Date Received:
Planner: AL
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734-051-0250
Construction of Approaches
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00, Renumbered from 734-050-0040; Renumbered to 734-051-
0185 by HWD 2-2004, f. 2-18-04, cert. ef. 3-]-04]
734-051-0255
Maintenance of Approaches
(1) An applicant, permitee, or owner of a grandfathered approach must obtain
approval and necessary permits prior to performing maintenance on an approach that
interferes with or interrupts traffic on or along a highway.
(2) Where traffic signals are required, signal maintenance is performed by the
Department or as assigned by a Cooperative Cost Agreement.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 and 374.345; Ch, 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: OKS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0310
734-051-0260
Design of Approaches
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00, Renumbered from 734-050-0035; Renumbered to 734-05 J.
0165 by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
734-051- 0265
Effective Period of Permit to Operate, Maintain and Use an Approach
(1) Except as otherwise provided a Permit to Operate is effective unless:
(a) Revoked by mutual consent;
(b) Revoked for failure to abide by the terms and conditions;
(c) A change of use occurs as set forth in OAR 734-051-0045;
(d) Safety or operational problems exist as set forth in OAR 734-05]-0275;
(e) The highway facility is significantly improved to meet classification of the
highway, highway mobility standards, spacing standards, and safety criteria that are
inconsistent with the approach; or
(I) By other operation of law.
(2) The Permit to Operate is binding on successors and assignors including
successors in interest to the property being served by the approach.
(3) The operation, maintenance, and use of an approach are subject to the control of
the legislature over the state highway system. '
(4) A Permit to Operate should not be construed to be beyond the power or authority
of the legislature to control the state highway system.
(5) Acceptance of a Permit to Operate is acceptance of all special provisions,
mitigation measures, conditions, or agreements, identified and approved through the
application process and acknowledgment that all rights and privileges may be changed or
relinquished by legislative action.
Div. 51, 01/29/07
33
Date Received: r~/~J
Planner: AL
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Stat. Auth.: OKS 184.616, 184.619,374.310,374.312 and 374.345; Ch. 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: ORS 374.305 to 374.345 and 374,990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734'{)51-0300
734-051-0270
Allocation of Costs for Construction and Maintenance of Approaches
[TO 4-2000, f. 2-14-00, cert. ef. 4- I -00, Renumbered from 734'{)50-0020; Renumbered to 734-051-
0205 by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
734-051-0275
Removal of Approaches
(1) The Department may revoke a Permit to Operate and may remove an approach:
(a) If current or potential safety or operational problems exist that are verified by an
engineering analysis;
(b) ]f an applicant or permitee fails to comply with any terms or conditions of a
Permit to Operate; or
(c) During project delivery as set forth in OAR 734-05]-0285.
(2) The Department shall provide written notification of the intent to remove an
approach under section (]) of this rule as required by ORS 374.305, 374.307, and
374.320.
(3) The Region Manager may determine that an approach identified for removal as
described in section (I) of this rule may remain open if mitigation measures are required
as set forth in OAR 734-05]-0]45:
(a) The Department shall provide written notification of the intent to remove the
approach unless mitigation measures are taken; and
(b) The applicant must agree to comply with mitigation measure and to bear the cost
of the mitigation measures.
(4) An applicant, permitee, or property owner is responsible for the expense of
removing an approach except as set forth in OAR 734-05] -0205 and 734-051-0285.
(5) Removal of a permitted or grandfathered approach is an appealable decision.
Stat. Auth.: OKS 184.616, 184,619,374.310,374.312 and 374.345; Ch. 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: OKS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734'{)51-0380
734-051-0280
Liability and Control for Construction and Maintenance, Repair, Operation and
Use of Approaches
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00, Renumbered from 734-050-0025; Renumbered to 734-051-
0215 by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
Div. 51, 01/29/07
34
Date Received:~~o _
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734-051-0285
Project Delivery
(1) This rule applies to access management on projects involving construction of
new highways and interchanges, highway or interchange modernization projects,
highway and interchange preservation projects, highway and interchange operations
projects, or other highway and interchange projects. The Department encourages the
development of Access Management Strategies and Access Management Plans during
project delivery to maintain and improve highway performance and safety by improving
system efficiency and management before adding capacity. Access Management Plans
and Access Management Strategies developed during project delivery must improve
access management conditions to the extent reasonable within the limitation, scope, and
purpose of the project and consistent with design parameters and available funds.
(2) This rule does not create an obligation that the Department apply documentation
requirements in OAR 734-051-0070(1) or the standards and criteria in OAR 734-05]-
0080,734-051-0115,734-05]-0]25,734-051-0275 or 734-05]-0295 through 734-051-
0335.
(3) The Region Manager shall develop Access Management Strategies for
modernization projects, projects within an influence area of an interchange where the
project includes work along the crossroad, or projects on an expressway and may develop
Access Management Strategies for other highway projects.
(4) Except where the Region Manager documents the reasons why an Access
Management Plan is not app,vp,:ate, the Region Manager shall develop an Access
Management Plan for highway modernization projects and for interchange modernization
projects where the project includes work along the crossroad. Access Management Plans
are developed under the requirements of OAR 734-051-0] 55.
(5) The Region Manager may require modification, mitigation or removal of
approaches within project limits:
(a) Pursuant to either:
(A) An Access Management Plan or an ]nlerchange Area Management Plan adopted
by the Oregon Transportation Commission; or
(B) An approved Access Management Strategy; and
(b) If necessary to meet the classification of highway or highway segment
designation, mobility standards, spacing standards or safety factors; and
(c) Ifa property with an approach to the highway has multiple approaches and if a
property with an approach to the highway has alternate access in addition to the highway
approach.
(d) The determination made under subsections (a) through (c) of this section must
conclude that the net result of the project including closures, modification and mitigations
will be that access will remain 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.
(6) An Access Management Strategy may be developed for the project limits, a
specific section of the highway within the project limits, or to address specific safety or
operation issues within the project limits. An Access Management Strategy must:
(a) Describe the criteria for actions that will be taken during the project and that will
occur primarily within the highway right of way, within the project limits.
Div. 51, 01/29/07
35
Date Received:~&d
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(b) Be consistent with the 1999 Oregon Highway Plan.
(c) Promote safe and efficient operation of the state highway consistent with the
highway classification and the highway segment designation.
(d) Provide for reasonable use of the adjoining property consistent with the
comprehensive plan designation and zoning of the area.
(e) Be developed in coordination with local governments to facilitate any actions
needed on the part of local governments to implement the Access Management Strategy.
(7) All approaches in an area that is not access controlled that are identified to
remain open in an Access Management Strategy or Access Management Plan are
presumed to be in compliance with Division 51 rules once any measures prescribed for
such compliance by the plan are completed. Subsequent changes will be measured from
that status. However, that status does not convey a grant of access.
(8) In the event of a conflict between the access management spacing standards and
the access management spacing standards for approaches in an interchange area the more
restrictive provision will prevail. These spacing standards are used to develop Access
Management Plans and where a""._".:ate:
(a) Support improvements such as road networks, channelization, medians, and
access control, with an identified committed funding source, and consistent with the 1999
Oregon Highway Plan;
(b) Ensure that approaches to cross streets are consistent with spacing standards on
either side of the ramp connections; and
(c) Support interchange designs that consider the need for transit and park-and-ride
facilities and the effect of the interchange on pedestrian and bicycle traffic.
(9) Notwithstanding other provisions of this Division, the Region Manager, not a
designee, may recognize an approach to be in compliance where there is no Access
Control, and where construction details for a Department project show the intention to
preserve the approach as a part of that project, as documented by plans dated before April
1,2000.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 & 374.345
Stats. Implemented: ORS 374.305 . 374.350 & 374.990
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1.04, Renumbered from 734-051-0370; HWD 2-2007, f. &
celt. ef. 1-26-07
734-051-0290
Issuance of a Permit to Operate, Maintain and Use an Approach
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0245 by HWD 2-2004, f. 2-18-04,
cert. ef. 3-1-04]
734-051-0295
Grants of Access
(1) A grant of access establishes a right of access; and
(a) For a grant of access approved prior to April I, 2000, the grant of access does not
guarantee approval of an Application for State Highway Approach or issuance of a
Construction Permit or Permit to Operate; and
Div.51,01/29/07
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Date Received:~k'
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(b) Subsequent to April ],2000, the Department may approve an Application for a
Grant of Access only where an Application for State Highway Approach or a
Construction Permit or Permit to Operate may be approved.
(2) The applicant for a grant of access must be the owner of the property abutting the
highway right of way or the owner's designated agent.
(3) The Department shall not approve an Application for a Grant of Access for a
private approach:
(a) On a freeway, freeway mainlines, or freeway ramp;
(b) On an expressway or expressway ramp;
(c) Opposite a freeway or expressway ramp terminal; or
(d) In an Interchange Management Area.
(4) The Department may approve an Application for a Grant of Access to private
property abutting a state and local facility where all of the following conditions are met:
(a) An applicant submits an Application for State Highway Approach as set forth in
OAR 734-05 I -0070 and concurrently submits an Application for a Grant of Access, as
set forth in OAR 734-051-0305.
(b) An applicant meets the requirements for issuance of a Construction Permit, as set
forth in OAR 734-051-0]75.
(c) The applicant agrees in writing to meet any mitigation measures, terms, and
conditions placed on the Construction Permit and the Permit to Operate.
(d) The grant of access is consistent with the 1999 Oregon Highway Plan.
(e) One of the following occurs:
(A) The Department determines that access control is no longer needed at the
location specified in the Application for a Grant of Access as set forth in section (7) of
this rule; or
(8) The applicant establishes that the grant of access will benefit the state highway
system as set forth in OAR 734-05] -0085( I) and (2).
(I) Alternate access to the property is not and cannot be made reasonable as set forth
in OAR 734-05] -0080(8).
(g) The property owner must agree to deed restrictions to ensure that future
development intensity and trip generation can be safely accommodated by the state
transportation system.
(h) The application is approved by the Region Manager and reviewed by the State
Traffic Engineer, and approved by the Technical Services Manager.
(5) The Department shall not approve an Application for a Grant of Access for a
public approach:
(a) On a freeway, freeway mainlines, or freeway ramp;
(b) On an expressway ramp;
(c) Opposite a freeway or expressway ramp terminal; or
(d) In an Interchange Management Area.
(6) The Department may approve an Application for a Grant of Access for a public
approach to a state highway where all of the following conditions are met:
(a) An applicant submits an Application for State Highway Approach, as set forth in
OAR 734-05] -0070 and concurrently submits an Application for a Grant of Access, as
set forth in OAR 734-051-0305.
Div. 51, 01/29/07
37
Date Received:
Planner: AL
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(b) The applicant meets the requirements for issuance of a Construction Permit, as
set forth in OAR 734-051-0175.
(c) The applicant agrees in writing to meet any mitigation measures, terms, and
conditions placed on the Construction Permit and the Permit to Operate.
(d) The grant of access is consistent with the 1999 Oregon Highway Plan, an
adopted corridor plan, and local transportation system plan, or in the absence of an
adopted corridor plan or transportation system plan, a grant of access may be considered
where the applicant has explored all possible alternatives to the connection, including
parallel streets, and the purchase of additional right of way.
(e) One of the following occurs:
(A) The Department determines that access control is no longer needed at the
location specified in the Application for a Grant of Access as set forth in section (7) of
this rule; or
(B) The applicant establishes that the grant of access will benefit the state highway
system as set forth in OAR 734-05] -0085; and
(i) The Department may determine that a benefit to the state highway system exists
where the proposed connection is a public facility with a functional classification of
collector or higher and is identified in an adopted transportation system plan, consistent
with OAR 660-0]2-0000 through 660-012-0070; and
(ii) The Department shall require supporting documentation of sufficient detail to
determine that a benefit to the state highway system exists, as set forth in OAR 734-05]-
0085( I) and (2), to be included in the transportation system plan; and
(iii) The Department shall determine if the supporting documentation is sufficient to
meet the requirements in subparagraph (ii) of this paragraph.
(I) The Department and the local jurisdiction requesting a grant of access for a public
approach:
(A) Shall enter into an intergovernmental agreement that details the responsibility for
construction, maintenance, operation and cost of the public approach; and
(8) May enter into an intergovernmental agreement that addresses transportation
plan and land use amendments or modifications to ensure that planned development
intensities and trip generation can be safely supported on the state transportation system.
(g) The application is approved by the Region Manager and reviewed by the State
Traffic Engineer, and approved by the Technical Services Manager.
(7) For the purposes of sections (4) and (6) of this rule, the Department shall
consider the following factors in determining whether access control is still needed at the
location specified in an application for a grant of access:
(a) Classification of the highways and highway segment designations;
(b) Spacing Standards;
(c) Highway mobility standards;
(d) State and local transportation system plans;
(e) Comprehensive plan and land uses in the area; and
(I) Safety factors.
Stat. Auth.: ORS 184,616, 184.619,374.310,374.312 & 374.345
Stats, Implemented: OKS 374.305 . 374.350 & 374.990
His!.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1.04, Renumbered from 734-051-0430; HWD 2-2007, f. &
cert. ef. 1-26-07
Div. 51, 01/29/07
38
Date Received:41~1"
Planner: AL
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734-051-0300
Effective Period of Permit to Operate, Maintain and Use an Approach
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00, Renumbered from 734-050-0050; Renumbered to 734-051-
0265 by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
734-051-0305
Application Procedure for Grants of Access
(1) An Application for a Grant of Access to a state highway must be made on the
standard state form, and the processing fee must accompany the Application for a Grant
of Access as set forth in OAR 734-051-0335.
(2) The Department may refuse to accept an Application for a Grant of Access if the
application is:
(a) Incomplete;
(b) Not accompanied by an Application for State Highway Approach and all required
documentation;
( c) Not accompanied by a current preliminary title report covering the property to be
served by the approach, showing any access easements appurtenant to the property; or
(d) From anyone other than the owner of the abutting property or a designated agent.
(3) Upon acceptance of an Application for a Grant of Access and any required
attachments, the Department shall use Division 51, ORS Chapter 374, and any other
applicable state statutes, administrative rules, and Department manuals for evaluating and
acting upon the application for a grant of access.
(4) The Region Manager shall review the Application for a Grant of Access,
determine if the Application for a Grant of Access meets the requirements of Division 51
and Department policy, and shall:
(a) Forward the Application for a Grant of Access to the State Traffic Engineer; or
(b) Deny the Application for a Grant of Access.
(5) When the Application for a Grant of Access is forwarded to the State Traffic
Engineer, the State Traffic Engineer, with the assistance of Department staff, shall:
(a) Evaluate the Application for a Grant of Access;
(b) Notify the applicant of any additional information required; and
(c) Make a recommendation to the Technical Services Manager.
(6) The Technical Services Manager shall approve or deny the Application for a
Grant of Access and notify the applicant.
(7) If the Application for Grant of Access is approved, the Department shall:
(a) Appraise the abutting property to determine the fair market value of the grant of
access;
(b) Notify the applicant of the value of the grant of access; and
(c) Provide the applicant with instructions for payment.
(8) After payment of fair market value is received by the Department:
(a) The grant of access will be executed and recorded; and
(b) A copy of the grant of access will be sent to the Region Manager so that a
Construction Permit may be issued in accordance with OAR 734-05] -0] 75.
Div. 51, 01/29/07
39
Date Received: ~;f~,
Planner: AL
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Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 and 374.345; Ch. 972 and Ch, 974, Oregon
Laws 1999
Stat. Implemented: OKS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0440
734-051-0310
Maintenance of Approacbes
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00, Renumbered from 734-050-0045; Renumbered to 734-051-
0255 by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
734-051-0315
Indentures of Access
(1) The Department may approve an Application for Indenture of Access to a
property abutting a state or local facility where all of the following conditions are met:
(a) An applicant submits an Application for State Highway Approach as set forth in
OAR 734-051-0070 and concurrently submits an Application for Indenture of Access as
set forth in OAR 734-051-0325;
(b) The applicant meets the requirements for issuance of a Construction Permit, as
set forth in OAR 734-051-0175;
(c) The applicant agrees in writing to meet any mitigation measures, conditions, and
terms placed on the Construction Permit and the Permit to Operate;
(d) The Region Manager approves the Application for Indenture of Access; and
(e) The property owner agrees to the closure of one or more existing reservations of
access.
(2) All of the property owners that have a right of access at and are currently being
served by the existing reservation of access must be applicants for any Application for
Indenture of Access.
(3) A request for removal of farm crossing or farm access restrictions requires a
grant of access as set forth in OAR 734-05] -0295 and 734-051-0305.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 and 374.345; Ch. 972 and Ch. 974, Oregon
Laws 1999
Stat. [mplemented: ORS 374.305 to 374.345 and 374,990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0450
734-051-0320
Requests for Deviations to Access Management Standards
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0135 by HWD 2-2004, f. 2-18-04,
cert. ef. 3-1-04]
734-051-0325
Application Procedure for Indentures of Access
(1) An Application for Indenture of Access to a state highway must be made on the
standard state form and the appropriate processing fee must accompany the Application
Div. 5[, 0[/29/07
40
Date Received:~~
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for Indenture of Access as set forth in OAR 734-05] -0335 except where the Region
Manager, not a designee, waives the processing fee and documents in writing the reasons
for the waiver.
(2) The Department may refuse to accept an Application for Indenture of Access if
the application is:
(a) Incomplete;
(b) Not accompanied by an Application for State Highway Approach and all required
documentation;
(c) Not accompanied by a current preliminary title report covering the property to be
served by the approach showing any access easements appurtenant to the property; or
(d) From anyone other than the owner of the abutting property or a designated agent.
(3) The Department shall use Division 51, ORS Chapter 374, and any other
applicable state statutes, administrative rules, and Department manuals for evaluating and
acting upon the Application for Indenture of Access.
(4) The Region Manager shall approve or deny the Application for Indenture of
Access and shall notify the applicant.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 and 374.345; Ch. 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: ORS 374.305 to 374.345 and 374,990; Chapter 974, Oregon Laws 1999, Chapter
371, Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0460
734-051-0330
Processing Requests for Deviations
[His\: TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Repealed by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
734-051-0335
Administration of Grants and Indentures of Access
(1) A processing fee must be submitted with the Application for Indenture of Access.
(2) A processing fee must be submitted with the Application for a Grant of Access.
The processing fee is based on the actual documented costs incurred by the Department
plus a 10 percent charge for general administration:
(a) The processing fee includes the cost to secure an appraisal of the fair market
value of the grant of access;
(b) An initial deposit, applied towards the processing fee, must accompany the
Application for a Grant of Access; and
(c) The Department shall determine the amount of the initial deposit based on the
complexity of the request and the anticipated cost of obtaining an appraisal of the grant of
access.
(3) The applicant shall pay all costs incurred by the Department in processing the
Application for a Grant of Access.
(4) Upon approval of an Application for a Grant of Access and prior to issuance of
the Construction Permit, payment must be made to the Department in an amount equal to
the appraised value of the grant of access. This payment is in addition to the processing
fee.
Div. 51, 01129/07
41
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(5) The Department may waive payment of the appraised value of the grant of access
when:
(a) An application for a grant of access is for a public approach and the applicant has
demonstrated that the public approach will benefit the State highway system as set forth
in OAR 734-051-0085(1) and (2); and
(b) The benefit to the State highway system is a direct and immediate result of the
public approach.
Stat. Auth.: ORS 184,616, 184.619,374.310,374.312 and 374.345; Ch. 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: ORS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0470
734-051-0340
Deviation Limits for Spacing of Approaches within an Interchange Access
Management Area
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Repealed by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
734-051-0345
Region Review Process and Collaborative Discussion Option
(1) The Region Review process is an optional process that falls outside the ] 20-day
time line in OAR 734-051-0070(8) and applies to appealable decisions.
(2) To request a Region Review, an applicant must submit a written request to the
Region Manager within 2] days of the mailing date of notice of an appealable decision
and identifY documentation to be presented at the Region Review.
(3) A Region Review Committee includes members with expertise in:
(a) Access Management policies;
(b) Roadway design standards;
(c) Right-of-way;
(d) Traffic engineering; and
(e) At least one Professional Engineer with experience in t\1e issues being reviewed.
(4) The Department may invite a representative from the affected local jurisdiction
with land use or transportation knowledge to provide input to the Region Review
Committee.
(5) The applicant or permitee may present additional information in writing or in
person to the Region Review Committee.
(6) The Region Review Committee shall meet, consider information presented, and
provide written findings to the Region Manager.
(7) The Region Manager shall review the Committee's findings and approve,
modifY, or reverse the original decision; and
(a) Shall notifY the applicant in writing within 21 days of the committee meeting;
(b) Shall include information on the applicant's right to request a contested case
hearing on the original decision; and
(c) May include mitigation measures, conditions and terms to be incorporated into
the Construction Permit or Permit to Operate.
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(8) An applicant may request a collaborative discussion within the Region Review
process:
(a) Both the applicant and the Department must agree to the collaborative discussion.
(b) The collaborative discussion:
(A) Will be conducted under the Alternative Dispute Resolution model in ORS
183.502; and
(8) Will include a time limit of 45 days, or longer if the Department and the
applicant agree, in the Agreement to Collaborate.
(c) The Region Manager is the final agreement authority and may make a binding
decision for the Department.
(d) Any agreement made by the Region Manager:
(A) Shall be documented in writing;
(B) May require conditions or limitations to be incorporated into the Construction
Permit or Permit to Operate; and
(C) Shall include information on the applicant's right to request a contested case
hearing on the original decision.
Stat. Auth,: ORS 184.616, 184.619,374.310,374.312 and 374.345; Ch. 972 and Ch. 974, Oregon
Laws 1999
Stat. Implemented: OKS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws '1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0390
734-051-0350
Minor Deviation Limits for Approach Spacing
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Repealed by HWD 2-2004, f. 2-18-04, cert, ef. 3-1-04]
734-051-0355
Contested Case Hearings
(1) An applicant may request a contested case hearing as provided by the
Administrative Procedures Act (ORS Chapter 183):
(a) The request for a hearing and the hearing are governed by OAR 137-003-050]
through 137-003-0700;
(b) The request for a hearing must evidence an intent to request a hearing and must
be submitted to and received by the Office of Administrative Hearings within 21 days of
the mailing date of the notice of an appealable decision by the Department;
(c) The hearings process falls within the ]20-day timeline in OAR 734-051-0070(8)
unless the Department and the applicant agree to a time extension:
(A) Time extensions fall outside the l20-day timeline; and
(8) Filing of exceptions falls outside the l20-day timeline.
(2) The Department is authorized to use agency representatives in access
management contested case hearings as set forth in OAR 137-003-0545.
(3) The Department and the applicant may present additional information in writing
or in person at the contested case hearing.
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(4) An Administrative Law Judge will review the Region Manager's decision,
conduct a hearing, and may approve, reverse, or modifY the decision. The Administrative
Law Judge:
(a) Shall issue a proposed order as set forth in OAR 137-003-0645; and
(b) May require conditions or limitations to be incorporated into the Construction
Permit or the Permit to Operate.
(5) The Executive Deputy Director shall issue a final order or may adopt as final the
proposed order issued by the Administrative Law Judge.
Stat. Auth.: ORS 184.616, 184.619,374.310,374.312 and 374.345; Ch. 972 and Ch, 974, Oregon
Laws 1999
Stat. Implemented: ORS 374.305 to 374.345 and 374.990; Ch. 974, Oregon Laws 1999, Chapter 371,
Oregon Laws 2003
Hist.: HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04, Renumbered from 734-051-0400
734-051-0360
Access Management Plans
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0155 by HWD 2-2004, f.2-18-04,
cert, ef. 3-1-04]
734-051-0370
Project Development
[TO 4.2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0285 by HWD 2-2004, f. 2-18-04,
cert. ef. 3-1-04]
734-051-0380
Closure of Existing Legal Approaches
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0275 by HWD 2-2004, f. 2-18-04,
cert. ef. 3-1-04]
734-051-0390
Region Review Process and Collaborative Discussion Option
[TO 4-2000, f. 2-14-00, cert, ef. 4-1-00; Renumbered'to 734-051-0345 by HWD 2-2004, f. 2-18-04,
cert. ef. 3-1-04]
734-051-0400
Hearing Procedures
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0355 by HWD 2-2004, f. 2-18-04,
cert. ef. 3-1-04]
734-051-0410
Scope for Modification of Access Rights
[TO 4-2000, f. 2-14-00, cert. ef, 4-1-00; Repealed by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
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734-051-0420
General Policy for Modification of Access Rigbts
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00, Renumbered from 734-050-0075; Repealed by HWD 2-2004,
f. 2-18-04, cert. ef. 3-1.04]
734-051-0430
Grants of Access
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0295 by HWD 2-2004, f. 2-18-04,
cert. ef. 3-1-04]
734-051-0440
Application Procedure for Grants of Access
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0305 by HWD 2-2004, f. 2-18-04,
cert. ef. 3- I -04]
734-051-0450
Indentures of Access
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0315 by HWD 2-2004, f. 2-18-04,
cert. ef. 3-1-04]
734-051-0460
Application Procedure for Indentures of Access
[TO 4-2000, f. 2-14-00, cert. ef. 4-1-00; Renumbered to 734-051-0325 by HWD 2-2004, f, 2-18-04,
cert. ef. 3-1-04]
734-051-0470
Administration of Grants and Indentures of Access
[TO 4-2000, f. 2- I 4-00, cert. ef. 4-1-00, Renumbered from 734-050-0085; Renumbered to 734-051-
0335 by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
734-051-0480
Collaborative Discussions
[TO 4-2000, f, 2-14-00, cert. ef. 4-1-00; Repealed by HWD 2-2004, f. 2-18-04, cert. ef. 3-1-04]
Remedies in Closure of Approacbes
734-051-0500
Autbority and Purpose of OAR 734-051-0500 through 734-051-0560
(1) Pursuant to ORS 374.313, a person holding an interest in real property, which is
or would be served by an approach may appeal the closure or denial of the approach
under OAR 734-05]-0355 by filing a claim for relief when:
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(a) The Department closes an approach for which a permit was issued under ORS
374.3] 0 or that was allowed by law prior to enactment of statutory permit requirements
for approach roads, or denies an application for an approach at the location of a grant or
reservation of access; and
(b) Such closure or denial is not the result of conditions contained in a contract,
condemnation judgment, recorded deed or permit.
(2) The Department may offer remedies upon such closure or denial.
(3) OARS 734-051-0500 through 734-051-0560:
(a) Establish administrative remedies to address issues related to real property, value,
utility and use; and
(b) Provide a simplified procedure for resolving the claim.
Stat. Auth.: ORS 184,616, 184.619,374.313 & 374.345
Stats. Implemented: ORS 374.310, 374.313 & 374.345
His!.: TO 7-2000, f. & cert. ef. 7-14-00; HWD 8-2005, f. & cert. ef. 9-16.05; HWD 2-2007, f. & cert.
ef. 1-26-07
734-051-0510
Definitions
The following definitions apply to OAR 734-05] -0500 through 734-051-0560:
(1) "Claim for relief," means an appeal of the denial of an approach application or
the closure of an existing permitted or grandfathered approach under OAR 734-051-0355.
(2) "Person holding an interest in real property," means the owner of the title to real
property or the contract purchaser of such real property, or record as shown on the last
available complete tax assessment roll.
(3) "Administrative remedy," "app.vp.:ate remedy" or "remedy" mean the monetary
or non-monetary benefits to a property that would address issues related to real property
value, utility or uses, which include the equivalent value of:
(a) Actual physical reconnection of an approach to the highway or some other public
facility;
(b) Construction of public roads or other public facilities, including frontage or
utility roads, city streets, alleys or county roads;
(c) Improvements or modifications to the real p,vp~';/ served or intended to be
served by the approach, including paving of parking, restriping of lanes or parking,
relocation of other traffic barriers and other items that directly address the impact to the
property of the closure or denial; and
(d) Improvements or modifications to highways or other public facilities, including
medians or other traffic channelization, signing or signal installation.
(4) Remedies will include any benefits derived by the property by virtue of highway
improvements and highway modifications, whether or not related to the specific closure.
(5) Remedies will be limited to those necessary to serve existing uses or other uses
reasonably allowed given the existing zoning of the property and other factors, including
physical or geographic constraints.
(6) Remedies do not include:
(a) Reimbursement for attorney fees;
(b) Relocation expenses;
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(c) Lost profits;
(d) Lost opportunities; or
(e) Costs not specifically related to value, utility or use of the property itself.
(7) Offers of remedies are totally discretionary on the part of the Department and are
not subject to a contested case appeal.
Stat. Auth,: OKS 184.616, 184.619,374.313 & 374.345
Stats. Implemented: ORS 374.310, 374.313 & 374.345
Hist.: TO 7-2000, f. & cert. ef, 7-14-00; HWD 8-2005, f. & cert. ef. 9-16-05; HWD 2-2007, f. & cert.
ef. 1-26-07
734-051-0520
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 provide a written statement of such remedies, if any, within
30 days of the denial of the application or notice of intent to close a permitted approach.
(3) ]f such remedies are acceptable to the property owner, and there is written
acceptance:
(a) The property owner shall not be entitled to any other remedies for such closure or
denial; and
(b) Any appeal under OAR 734-051-0355 shall be dismissed and any request for a
Region Review or Collaborative Discussion pursuant to OAR 734-051-0345 shall be
withdrawn.
Stat. Auth.: OKS 184.616, 184.619,374.313 & 374.345
Stats. Implemented: ORS 374.310, 374.313 & 374.345
Hist.: TO 7-2000, f. & cert. ef. 7-14-00; HWD 8-2005, f. & cert. ef. 9-16-05
734-051-0530
Procedure for Resolving Claims
(1) Parties may agree to participate in mediation consistent with the applicable
provisions of ORS 36.180 to 36.2] 0 at any time during the process of determining the
appropriate remedies, but prior to the final order in any contested case under OAR 734-
051-0355.
(2) During mediation the parties may discuss any a",," _,,' :ate remedies in reaching
agreement. Such mediation may also occur during the collaborative discussion phase of
the review procedure for the denial or closure. (See OAR 734-051-0390).
(3) The property owner and the Department also may enter into an agreement to
collaborate if the Department determines that the difference between the remedies offered
and remedies claimed by the property owner is less than $30,000,
(a) The agreement to collaborate may provide for a mutually chosen mediator as
defined in ORS 36.] 85 to 36.210 to review the information made available to each party
as of that time and other information mutually agreed to by the parties.
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(b) The value of the remedies offered and claimed will include a dollar value
assigned by the Department to any non. monetary remedies. Such review will result in a
recommendation of remedies, subject to the condition that such remedies are neither less
than the lower nor more than the greater of the offer and claim, in terms of assigned
monetary value.
(c) The remedies recommended by the third party will be presented to the Director or
the Director's designee. The Director or designee shall take this recommendation into
consideration in making subsequent offers of remedies.
Stat. Auth.: OKS 184.616, 184,619,374.313 & 374.345
Stats.lmplemented: ORS 374.310, 374.313 & 374.345
Hist.: TO 7-2000, f. & cert. ef. 7-14-00; HWD 8-2005, f. & cert. ef. 9-16-05
734-051-0540
Appraisals
(I) 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 734-05] -0355 have an
appraisal performed to assist in determining the remedies that would address the real
property value, utility or use:
(a) Each party shall notify the other party of such appraisal in a timely manner; and
(b) There shall be full disclosure and sharing between the parties of any appraisal
and appraisal information without the necessity of formal requests or discovery.
(2) A qualified review appraiser must review all appraisals to ensure conformance
with federal and state eminent domain and access laws:
(a) The reviewer may be selected by the Department or selected jointly by way of
mutual agreement of both the Department and the property owner; and
(b) The same review appraiser must review all appraisals for one effected property to
ensure consistency.
(3) The Department and property owner may agree to mutually select one appraiser,
share the appraisal costs and submit agreed to instructions to the appraiser:
(a) An appraisal from an appraiser selected under this section, after review as set
forth in section (2) of this rule, will be presented to the Director or the Director's
designee; and
(b) The Director or designee shall take the information in the appraisal into
consideration in making subsequent offers of remedies.
Stat. Auth.: ORS 184.616, 184,619,374.313 & 374.345
Stats.lmplemented: ORS 374.310, OKS 374.313 & 374.345
Hist.: TO 7-2000, f. & cert. ef. 7-14-00; HWD 8-2005, f. & cert. ef. 9-16-05
734-051-0550
Conditions of Agreement
Reaching a5,~....,ent on the app.vp.:ate 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) Termination of the permit for any approach which is a subject of the settlement.
Div. 51, 01/29/07
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Stat. Auth.: ORS 184.616, 184.619 and Chapter 972, Oregon Laws 1999
Stat. Implemented: OKS 374.310 and Chapter 972, Oregon Laws 1999
Hist.: TO 7-2000, f. & cert. ef. 7-14-00
734-051-0560
Delegation
(1) For OAR 734-05] -0500 through 734-05] -0560, the Director delegates authority
to the Right of Way Manager or the Manager's designee to:
(a) Determine the Department's offer of remedies, and
(b) Agree to any settlement which includes providing administrative remedies.
(2) The actions in section (]) of this rule must occur prior to the final order in a
contested case conducted under OAR 734-05] -0355.
Stat. Auth,: ORS 184.616, ]84.619,374.313 & 374.345
Stats.lmplemented: ORS 374.310, 374.313 & 374.345
Hist.: TO 7-2000, f. & cert. ef. 7-14-00; HWD 8-2005, f. & cert. ef. 9-16-05
Div. 51, 01/29/07
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