HomeMy WebLinkAboutComments COUNTY 4/6/2011 (2)
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Lane Coun.
Public Works Department 1 Transportation Planning Division .
3040 North Delta Hwy.1 Eugene, Oregon 97408
Phone: 541.682-69361 fax: 541-682.8554
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LOCAL ACCESS ROADS (LARs)
Common Questions
Many public roads in Lane County are not maintained by the government. These are generally
"local access roads" that were built many years ago, usually privately, in order to gain access
to one or more properties. Over time these roads became public "as a matter of record".
There are a few hundred miles of known LARs in Lane County. The information below answers
some common questions about how these roads are regulated and what is permitted by law
within LAR rights-of-way. This information applies to LARs that are outside city limits, inside
Lane County. LARs inside city limits are regulated by cities.
Public Road/LAR Regulation
The County regulates LAR public roads in a limited way in order to provide basic safety to Lane
County citizens. Key requirements for public LARs can be found in LC 15.045, LC 15.205(2),
and LC 15.706. These provisions are described below.
Prohibited Activities. The following are prohibited activities within any Public Road (or
County Road) right-of-way (including travel surface, shoulders, ditches, and side slopes, as
applicable): landscaping and trees, landscape timbers, rocks, irrigation facilities, walls, gates,
fencing, non-standard mailbox supports, stairways, and any other fixed object or barriers that
has the potential of hindering the normal operation, maintenance, or use of a Public Road (or
County Road) (LC 15.205(2)).
Facilitv Permits Not Required. Since Lane County does not maintain LARs, in 2004 the Board
ceased requiring facility permits for work within them, such as construction of a driveway
approach apron.
Land Divisions. Public LARs that are part of or serve a new land division are subject to road
standards. In most cases very minimum standards must be met, found in LC 15.706. If new
development involves 10 or more lots or parcels, additional improvements may be required.
Sinl/le Vacant Parcel Access. Public RoadslLARs that are used to provide access to a single
parcel of vacant land (that is not part of a new land division) must demonstrate that
emergency vehicles can gain access to the property before a building permit will be issued.
Specific requirements are i,n LC 15.045(2).-
For additional information, Lane Code Chapter 15 can be viewed at:
htte: IIwww.lanecountv.org/LaneCode/documents/CodeChaeter15 Jan 12 05 rev. Ddf
Construction within a public LAR
What if I want to construct a driveway apron in an LAR? What if I own property that takes'
access from an unconstructed LAR?
Since Lane County does not issue permits for work within an LAR, doing road work within an
LAR right-of-way requires private individuals to exercise a high level of courtesy, safety, and
self regulation when doing work in an LAR.
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You are advised to follow these guidelines when doing work in an LAR:
Ii!]' Be sure the work you are doing is in the LAR right-of-way or on your own
property, Get a survey,
Ii!]' Inform any neighbors ahead of time if you will be doing work that may
affect their ability to use the right-of-way, cause noise or dust, or
otherwise have an impact,
Ii!]' Use a professional to do the work,
Ii!]' Use Lane Code Chapter 15.706 road standards.
Oregon Revised Statutes (ORS)
State law defines a public road as a road "over which the public has a right of use that is a
matter of record" (ORS 368.001 (5)). A Local Access Road is a Public Road that is not a County
road, state highway, or federal road (ORS 368.001 (3). Oregon Revised Statutes (ORS) 368.031
states:
(1) A county and its officers, employees or agents are not liable for failure to
improve the local access road or keep itin repair.
(2) A county governing body shall spend county moneys on the (ocal access road
only if it determines that the work is an emergency or if:
(a) The county road official recommends the expenditure;
(b) The public use of the road justifies the expenditure proposed; and
(c) The county governing body enacts an order or resolution authorizing the
work and designating the work to be either a single project or a continuing program.
How Lane County defines Public Roads and LARs
In addition to the ORS definition, "Public Road" is further defined in Lane Code (LC) Chapter
15.010(35)(e)(vii) as a road that has been dedicated for use by the public for road purposes
either by "good and sufficient deed presented to and accepted by the Board, or by a partition
map and plat or a subdivision plat presented to and accepted by the Board". Lane County's
definition specifically excludes private roads, private ways, private access easements or
agreements, Forest Service Roads, Bureau of Land Management Roads, any gateway or way of
necessity as defined by ORS Chapter 376 and any other road which has nominally or judicially
gained a "public character".
In other words, Lane County's regulations seek to distinguish between roads that function as
private roads, and roads that are public, by requiring formal "acceptance" by the County
Board or through a land division plat, before the road will be considered "public".
Public Roads and County Roads
A Public Road is not a County Road unless the County Board of Commissioners has officially
accepted the road into the County Road system. Only County Roads are maintained by Lane
County. Other public roads are treated as LARs.
Who Has Jurisdiction?
LARs outside of city limits are in Lane County's jurisdiction. LARs inside cities are regulated by
cities. Contact the appropriate city with questions.
For more information, call 541-682-6976.
last updated June 2009
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