76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 264
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Business and Transportation)
CHAPTER ................
AN ACT
Relating to access management; creating new provisions; amending
366.290, 373.015, 374.305, 374.310, 374.312, 374.315, 374.330,
374.335, 374.990 and 811.430 and section 2, chapter 31, Oregon
Laws 2010; repealing section 2, chapter 31, Oregon Laws 2010;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS 374.305 to 374.330. + }
SECTION 2. { + Definitions. As used in ORS 374.305 to
374.330:
(1) 'Approach road' includes a private road that crosses a
state highway or a county road.
(2) 'Channelization' means the roadway lane configuration
necessary to safely accommodate turning movements from the
highway to an intersecting approach.
(3) 'District highway' means a state highway that has been
classified by the Oregon Transportation Commission as a district
highway.
(4) 'Expressway' means a state highway that has been designated
by the commission as an expressway.
(5) 'Interstate highway' means a state highway that has been
classified by the commission as an interstate highway.
(6) 'Move in the direction of' means a change in an approach to
a property abutting the highway that would bring a property
closer to conformance with existing highway standards.
(7) 'Peak hour' means the hour during which the highest volume
of traffic enters and exits the property during a typical week.
(8) 'Private approach' means an approach that serves one or
more properties and that is not a public approach.
(9) 'Private road crossing' means a privately owned road
designed for use by trucks that are prohibited by law from using
state highways, county roads or other public highways.
(10) 'Public approach' means an existing or planned city street
or county road connection that provides vehicular access to and
from a highway.
(11) 'Regional highway' means a state highway that has been
classified by the commission as a regional highway.
Enrolled Senate Bill 264 (SB 264-A) Page 1
(12) 'Sight distance' means a length of highway that a driver
can see with an acceptable level of clarity.
(13) 'State highway' means a highway that is under the
jurisdiction of the Department of Transportation.
(14) 'Statewide highway' means a state highway that has been
classified by the commission as a statewide highway.
(15) 'Trip' means a one-way vehicular movement that consists of
a motor vehicle entering or exiting a property.
(16) 'Unincorporated community' means a settlement that is not
incorporated as a city and that lies outside the urban growth
boundary of any city. + }
SECTION 3. ORS 374.305 is amended to read:
374.305. (1) { - No - } { + A + } person { - , firm or
corporation - } may { + not + } place, build or construct on
the right of way of any state highway or county road, any
approach road, structure, pipeline, ditch, cable or wire, or any
other facility, thing or appurtenance, or substantially alter any
such facility, thing or appurtenance or change the manner of
using any such approach road without first obtaining written
permission from the Department of Transportation with respect to
state highways or the county court or board of county
commissioners with respect to county roads.
(2) After written notice of not less than 10 days to the
permittee and an opportunity for a hearing, the department with
respect to crossings over a state highway and the county court or
board of county commissioners with respect to crossings over a
county road may abolish any crossing at grade by a private road
or may alter or change any private road crossing when the public
safety, public convenience and the general welfare require the
alteration or change.
{ - (3) As used in ORS 374.305 to 374.330: - }
{ - (a) 'Approach road' includes a private road that crosses
a state highway or a county road. - }
{ - (b) 'Private road crossing' means a privately owned road
designed for use by trucks which are prohibited by law from using
state highways, county roads or other public highways. - }
SECTION 4. ORS 374.310, as amended by section 1, chapter 31,
Oregon Laws 2010, is amended to read:
374.310. (1) The Department of Transportation { - with
respect to state highways and the county court or board of county
commissioners with respect to county roads - } shall adopt
reasonable rules { - and regulations - } and may issue
permits, not inconsistent with law, for the use of the rights of
way of { - such - } { + state + } highways { - and
roads - } for the purposes described in ORS 374.305. However,
the department may not issue a permit for the construction of any
approach road at a location where no rights of access exist
between the highway and abutting real property.
(2) { - Such - } { + The + } rules { - and regulations
and such - } { + and + } permits shall include { - such - }
provisions, terms and conditions { - as - } { + that + } in
the judgment of the { - granting authority may be - } { +
department are + } in the best interest of the public for the
protection of the highway
{ - or road - } and the traveling public and may include, but
need not be limited to:
(a) Provisions for construction of culverts under approaches,
requirements as to depth of fills over culverts and requirements
for drainage facilities, curbs, islands and other facilities for
traffic channelization as may be deemed necessary.
Enrolled Senate Bill 264 (SB 264-A) Page 2
(b) With respect to private road crossings, additional
provisions for the angle of intersection, crossing at grade or
other than grade, sight distances, safety measures including
flaggers, crossing signs and signals, reinforcement for
protection of the highway, maintenance of the crossing and for
payment by the applicant of { + any of + } the costs of
{ - any of the foregoing - } { + complying with the
provisions + }.
(c) With respect to private road crossings, the { - granting
authority - } { + department + } may also require the applicant
to furnish { + :
(A) + } Public liability and property damage insurance in a sum
fixed by the { - granting authority, which insurance shall also
indemnify - } { + department that indemnifies + } the
{ - members, - } officers, employees and agents of { - such
authority - } { + the department + } from any claim that might
arise on account of the granting of the permit and the crossing
of the highway { - or road - } by vehicles operating under the
permit; and { - the granting authority may also require the
applicant to furnish - }
{ + (B) + } Indemnity insurance, an indemnity bond or an
irrevocable letter of credit issued by an insured institution as
defined in ORS 706.008 in a sum fixed by the { - granting
authority, indemnifying such authority - } { + department that
indemnifies the department + } for any damage to the highways
{ - or roads - } that may be caused by the use of the crossing.
(3) The powers granted by this section and ORS 374.315 may not
be exercised so as to deny any property { - adjoining - }
{ + abutting + } the { - road or - } highway reasonable
access. In determining what is reasonable, the department
{ - or county court or board of county commissioners - } shall
apply the following criteria:
(a) The access must be sufficient to allow the authorized uses
for the property identified in the acknowledged local
comprehensive plan.
(b) The type, number, size and location of approaches must be
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.
(4)(a) As used in this subsection:
(A) 'Peak hour' means the hour during which the highest volume
of traffic enters and exits the property during a typical week.
(B) 'Private approach' means an approach that serves one or
more properties and that is not a public approach { - as
defined in this subsection - } .
(C) 'Public approach' means an existing or planned city street
or county road connection that provides vehicular access to and
from a highway.
(D) 'Trip' means a one-way vehicular movement that consists of
a motor vehicle entering or exiting a property.
(b) An approach permit is not required for a public approach.
(c) A new approach permit for a change of use of an approach is
required for a private approach if:
(A)(i) The number of peak hour trips increases by 50 trips or
more from that of the property's prior use; or
(ii) The number of trips on a typical day increases by 500
trips or more from that of the property's prior use; and
(B) The increase in subparagraph (A)(i) or (ii) of this
paragraph represents a 20 percent or greater increase in the
number of { - trips on a typical day and the number of - }
Enrolled Senate Bill 264 (SB 264-A) Page 3
peak hour trips { + or the number of trips on a typical day + }
from that of the property's prior use.
(d) A new approach permit for a change of use of an approach is
required for a private approach if the daily use of a private
approach increases by 10 or more vehicles with a gross vehicle
weight rating of 26,000 pounds or greater.
(5) The department shall establish access management rules,
mitigation measures and spacing and mobility standards that are
less stringent for highway segments where the annual average
amount of daily traffic is 5,000 motor vehicles or fewer, than
for highway segments where the annual average amount of daily
traffic is greater than 5,000 motor vehicles.
(6) The department may not charge any fee for issuance of a
permit under this section for construction of an approach road.
SECTION 5. ORS 374.310, as amended by section 1, chapter 31,
Oregon Laws 2010, and section 4 of this 2011 Act, is amended to
read:
374.310. (1) The Department of Transportation shall adopt
{ - reasonable rules and may issue permits, not inconsistent
with law, for the use of the rights of way of state highways for
the purposes described in ORS 374.305. - } { + rules consistent
with this section and ORS 374.312 to govern the process of
application for issuance of permits for approach roads to state
highways by owners of property abutting highways. + } However,
the department may not issue a permit for the construction of any
approach road at a location where no rights of access exist
between the highway and abutting real property.
(2) The rules and permits shall include provisions, terms and
conditions that in the judgment of the department are in the best
interest of the public for the protection of the highway and the
traveling public and may include, but need not be limited to:
(a) Provisions for construction of culverts under approaches,
requirements as to depth of fills over culverts and requirements
for drainage facilities, curbs, islands and other facilities for
traffic channelization as may be deemed necessary.
(b) With respect to private road crossings, additional
provisions for the angle of intersection, crossing at grade or
other than grade, sight distances, safety measures including
flaggers, crossing signs and signals, reinforcement for
protection of the highway, maintenance of the crossing and for
payment by the applicant of any of the costs of complying with
the provisions.
(c) With respect to private road crossings, the department may
also require the applicant to furnish:
(A) Public liability and property damage insurance in a sum
fixed by the department that indemnifies the officers, employees
and agents of the department from any claim that might arise on
account of the granting of the permit and the crossing of the
highway by vehicles operating under the permit; and
(B) Indemnity insurance, an indemnity bond or an irrevocable
letter of credit issued by an insured institution as defined in
ORS 706.008 in a sum fixed by the department that indemnifies the
department for any damage to the highways that may be caused by
the use of the crossing.
(3) The powers granted by this section and ORS 374.315 may not
be exercised so as to deny any property abutting the highway
reasonable access. In determining what is reasonable, the
department shall apply the following criteria:
Enrolled Senate Bill 264 (SB 264-A) Page 4
(a) The access must be { + + }sufficient to allow the
authorized uses for the property identified in the acknowledged
local comprehensive plan.
(b) The type, number, size and location of approaches must be
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.
{ - (4)(a) As used in this subsection: - }
{ - (A) 'Peak hour' means the hour during which the highest
volume of traffic enters and exits the property during a typical
week. - }
{ - (B) 'Private approach' means an approach that serves one
or more properties and that is not a public approach. - }
{ - (C) 'Public approach' means an existing or planned city
street or county road connection that provides vehicular access
to and from a highway. - }
{ - (D) 'Trip' means a one-way vehicular movement that
consists of a motor vehicle entering or exiting a property. - }
{ - (b) An approach permit is not required for a public
approach. - }
{ - (c) A new approach permit for a change of use of an
approach is required for a private approach if: - }
{ - (A)(i) The number of peak hour trips increases by 50
trips or more from that of the property's prior use; or - }
{ - (ii) The number of trips on a typical day increases by
500 trips or more from that of the property's prior use; and - }
{ - (B) The increase in subparagraph (A)(i) or (ii) of this
paragraph represents a 20 percent or greater increase in the
number of peak hour trips or the number of trips on a typical day
from that of the property's prior use. - }
{ - (d) A new approach permit for a change of use of an
approach is required for a private approach if the daily use of a
private approach increases by 10 or more vehicles with a gross
vehicle weight rating of 26,000 pounds or greater. - }
{ - (5) The department shall establish access management
rules, mitigation measures and spacing and mobility standards
that are less stringent for highway segments where the annual
average amount of daily traffic is 5,000 motor vehicles or fewer,
than for highway segments where the annual average amount of
daily traffic is greater than 5,000 motor vehicles. - }
{ + (4) The department's determination that the access is
sufficient to allow the authorized uses for the property
identified in the acknowledged local comprehensive plan under
subsection (3)(a) of this section, or that the type, number, size
and location of approaches is 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, under
subsection (3)(b) of this section, shall be based on the economic
development needs of the property abutting the highway for its
authorized and planned uses, subject only to consideration of
safety and highway operations. The department shall have the
burden of establishing safety and highway operations concerns.
(5) An approach permit is not required for a public
approach. + }
(6) The department may not charge any fee for issuance of a
permit under this section for construction of an approach road.
SECTION 6. { + The amendments to ORS 374.310 by section 5 of
this 2011 Act become operative January 1, 2012. + }
SECTION 7. { + Section 8 of this 2011 Act is added to and made
a part of ORS 374.305 to 374.325. + }
Enrolled Senate Bill 264 (SB 264-A) Page 5
SECTION 8. { + Local rules and regulations; permits. (1) The
county court or board of county commissioners shall adopt
reasonable rules and regulations and may issue permits, not
inconsistent with law, for the use of the rights of way of county
roads for the purposes described in ORS 374.305.
(2) Rules and regulations adopted and permits issued under
subsection (1) of this section shall include provisions, terms
and conditions that in the judgment of the granting authority are
in the best interest of the public for the protection of the road
and the traveling public and may include, but need not be limited
to:
(a) Provisions for construction of culverts under approaches,
requirements as to depth of fills over culverts and requirements
for drainage facilities, curbs, islands and other facilities for
traffic channelization as may be deemed necessary.
(b) With respect to private road crossings, additional
provisions for the angle of intersection, crossing at grade or
other than grade, sight distances, safety measures including
flaggers, crossing signs and signals, reinforcement for
protection of the road, maintenance of the crossing and for
payment by the applicant of any of the costs of complying with
the provisions.
(c) With respect to private road crossings, the granting
authority may also require the applicant to furnish:
(A) Public liability and property damage insurance in a sum
fixed by the granting authority that indemnifies the members,
officers, employees and agents of the granting authority from any
claim that might arise on account of the granting of the permit
and the crossing of the road by vehicles operating under the
permit; and
(B) Indemnity insurance, an indemnity bond or an irrevocable
letter of credit issued by an insured institution as defined in
ORS 706.008 in a sum fixed by the granting authority,
indemnifying the granting authority for any damage to the roads
that may be caused by the use of the crossing.
(3) The powers granted by this section and ORS 374.315 may not
be exercised so as to deny any property abutting the road
reasonable access. In determining what is reasonable access, the
county court or board of county commissioners shall apply the
following criteria:
(a) The access must be sufficient to allow the authorized uses
for the property identified in the acknowledged local
comprehensive plan.
(b) The type, number, size and location of approaches must be
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. + }
SECTION 9. ORS 374.315 is amended to read:
374.315. All construction under the permits issued under ORS
374.310 { + and section 8 of this 2011 Act + } shall be under
the supervision of the granting authority and at the expense of
the applicant. After completion of the construction of the
particular approach road, facility, thing or appurtenance, they
shall be maintained at the expense of the applicant and in
accordance with the rules and regulations adopted pursuant to ORS
374.310 { + and section 8 of this 2011 Act + }.
SECTION 10. ORS 374.330 is amended to read:
374.330. (1) { - Nothing in - } ORS 374.305, 374.310 and
374.325, as { - such - } { + those + } sections were amended
by chapter 323, Oregon Laws 1957, { - shall be deemed to - }
Enrolled Senate Bill 264 (SB 264-A) Page 6
{ + and section 8 of this 2011 Act do not + } affect any
approach road, structure, pipeline, ditch, cable or wire, or
other facility, thing or appurtenance lawfully placed or
constructed upon the right of way of any highway prior to August
20, 1957.
(2)(a) { - Nothing in - } ORS 374.305 { - or - }
{ + and + } 374.310 { + , + } as { - such - } { + those + }
sections { - are - } { + were + } amended by chapter 497,
Oregon Laws 1967, { - shall be deemed to - } { + and section
8 of this 2011 Act do not + } affect any approach road,
structure, pipeline, ditch, cable or wire, or other facility,
thing or appurtenance lawfully placed or constructed upon the
right of way of any state highway or county road prior to
September 13, 1967.
(b) Except as provided in paragraph (a) of this subsection,
private road crossings authorized by the Public Utility
Commission under ORS 374.205 to 374.260 (1965 Replacement Part)
are subject to ORS 374.305 to 374.330 after September 13, 1967.
SECTION 11. ORS 374.335 is amended to read:
374.335. Where any private road crosses or is crossed by a
public highway the driving of a motor vehicle across the public
highway or upon the public highway for a distance of not to
exceed 1,200 feet in the use of the private road { - shall - }
{ + is + } not { - be - } subject to ORS 811.450, 815.155,
815.160, 815.170, 818.020, 818.060, 818.090, 818.110, 818.160,
818.300, 818.320, 818.340, 818.350, 818.400 and ORS chapter 825,
provided such vehicle or vehicle use is:
(1) Subject to { + a + } permit issued pursuant to ORS
374.310 { + or section 8 of this 2011 Act + } or a person
authorized by such permittee; or
(2) A farm tractor or implement of husbandry.
SECTION 12. ORS 374.990 is amended to read:
374.990. In addition to the liability for expenses under ORS
374.307 and 374.320, violation of ORS 374.305 or of any rule or
regulation adopted under ORS 374.310 { + or section 8 of this
2011 Act + } is a misdemeanor.
SECTION 13. ORS 374.312 is amended to read:
374.312. { - (1) The Department of Transportation shall adopt
rules governing the process of application for and issuance of
permits for approach roads to highways by owners of property
abutting the highways. Rules adopted by the department shall
include, but need not be limited to: - }
{ - (a) The time within which a final decision, including
resolution of all internal appeals, to grant or deny a permit
must be made. The time may not be longer than 120 days unless the
applicant and the department agree to an extension. - }
{ - (b) Standards that will be used in making decisions as to
whether to grant or deny a permit. Standards applicable to
approach roads shall be based on a policy of using local road
systems and state highways in a manner consistent with the local
transportation system plan and the land uses permitted in the
local comprehensive plan acknowledged under ORS chapter 197. In
addition, the standards shall require consideration of safety and
highway functionality. - }
{ - (c) Criteria for determining what constitutes reasonable
access as specified in ORS 374.310 (3). - }
{ - (d) Procedures governing an appeal of denial of a permit,
including but not necessarily limited to notice, guarantee of an
impartial tribunal, burden of proof and admission and weight of
evidence. - }
Enrolled Senate Bill 264 (SB 264-A) Page 7
{ - (e) A rule that an engineer with relevant experience will
review and respond to evidence from a qualified expert that is
submitted by an applicant. - }
{ - (2) A permit decision for an approach road must be made
on the basis of standards and criteria in effect on the date that
the application was filed. - }
{ - (3) A permit decision for an approach road must be made
on the record. The department shall adopt rules specifying the
form of the record. - }
{ + (1) It is the intent of the Legislative Assembly to
develop a highway access management system based on objective
standards that will balance the economic development objectives
of properties abutting state highways with the transportation
safety and access management objectives of state highways, in a
manner consistent with local transportation system plans and the
land uses permitted in the local comprehensive plans acknowledged
under ORS chapter 197. The Department of Transportation shall
comply with the legislative directives, objective standards and
procedures established in this section for the governance of the
process for application by and the issuance of approach permits
to owners of property abutting the highway and shall adopt rules
consistent with this section.
(2) The department shall make its final decision, including
resolution of all internal appeals, to grant or deny an approach
permit within 120 days of the date the department deems an
application for an approach permit complete, unless the applicant
and the department agree to an extension.
(3) The department shall make its decision to grant or deny an
approach permit based on the provisions of this section, the
spacing, channelization and sight distance standards described in
section 17 of this 2011 Act or the standards and criteria in
effect on the date that the application was filed.
(4) A new approach permit for a change of use of an approach is
required for a private approach if:
(a)(A)(i) The number of peak hour trips increases by 50 trips
or more from that of the property's prior use; or
(ii) The number of trips on a typical day increases by 500
trips or more from that of the property's prior use; and
(B) The increase described in subparagraph (A)(i) or (ii) of
this paragraph represents a 20 percent or greater increase in the
number of peak hour trips or the number of trips on a typical day
from that of the property's prior use;
(b) The daily use of a private approach increases by 10 or more
vehicles with a gross vehicle weight rating of 26,000 pounds or
greater;
(c) The department demonstrates that safety or operational
problems related to the approach are occurring on a highway as
provided in subsection (10)(g) of this section. Any required
mitigation measures shall be limited to addressing the identified
safety or operational problems; or
(d) The approach does not meet the stopping sight distance
standards of this section, as measured in feet, of 10 times the
speed limit established in ORS 811.111 or the designated speed
posted under ORS 810.180 for the highway as measured in miles per
hour, or 10 times the 85th percentile speed of the highway where
the 85th percentile speed is higher or lower than the speed limit
established in ORS 811.111 or the designated speed posted under
ORS 810.180. The permit holder may perform a study to determine
if the 85th percentile speed is higher or lower than the speed
limit established in ORS 811.111 or the designated speed posted
Enrolled Senate Bill 264 (SB 264-A) Page 8
under ORS 810.180. The sight distance measurement and the study
to determine the 85th percentile speed shall be performed
according to published department procedures by or under the
supervision of an engineer registered in Oregon.
(5)(a) When a change of use of an approach permit is required
under subsection (4) of this section, the department shall
approve an application if the application proposes an approach
that moves in the direction of conforming with the spacing,
channelization and sight distance standards described in section
17 of this 2011 Act, subject to consideration of safety and
highway operations.
(b) Whether the application moves in the direction of
conforming with the spacing, channelization and sight distance
standards described in section 17 of this 2011 Act, while not
posing safety or highway operations concerns, shall be
established by the department and the applicant using a
collaborative process, as established by department by rule, that
is made available to the applicant within 30 days of the date the
department determines an application to be complete.
(c) Applications that are deemed to be moving in the direction
of conforming with the spacing, channelization and sight distance
standards described in section 17 of this 2011 Act do not require
separate deviations from those standards.
(d) For the purposes of this subsection, an approach moves in
the direction of conforming with the spacing, channelization or
sight distance standards described under section 17 of this 2011
Act if one or more changes are made to the approach that include,
but are not limited to:
(A) Eliminating or combining existing approaches to the highway
resulting in a net reduction in the number of approaches to the
highway.
(B) Improving the distance between approaches.
(C) Improving the sight distance between approaches.
(D) Widening the existing driveways to accommodate truck
turning radius requirements.
(E) Widening the existing driveways to accommodate additional
exit lanes.
(F) Narrowing the existing driveways to provide the appropriate
number of entry and exit lanes as required for the property.
(G) Developing a throat on the approach entrance to allow for
more efficient movement of motorists from the highway.
(6) The department shall approve applications that meet the
spacing, channelization or sight distance standards described in
section 17 of this 2011 Act subject only to consideration of
safety and highway operations concerns as provided in subsection
(10)(g) of this section and the traffic impact analysis
requirements described in section 18 of this 2011 Act.
(7) Applications that do not meet the spacing, channelization
or sight distance standards described in section 17 of this 2011
Act may be approved with deviations from those standards as
follows:
(a) A request for one or more deviations from the spacing,
channelization or sight distance standards described in section
17 of this 2011 Act may be included in an application for one or
more private approaches that do not meet the standards.
(b) Unless waived by the department, a request for a deviation
must include a traffic impact analysis provided by the applicant
that addresses a request for deviations from the spacing,
channelization or sight distance standards described in section
17 of this 2011 Act for safety and highway operations.
Enrolled Senate Bill 264 (SB 264-A) Page 9
(c) A request for a deviation may be approved based upon a
determination by the engineer assigned by the department to
analyze the request for a deviation that the approach adequately
addresses the safety and highway operations concerns identified
by the department as provided in subsection (10)(g) of this
section.
(d) Where a speed study prepared by an applicant and agreed to
by the department determines that the 85th percentile speed is
lower than the current posted speed, the department may grant a
deviation from sight distance standards based upon the lower
speed determination.
(8) If a property has a right of access and there is no means
of access to the property other than the state highway, an
approach that does not meet the spacing, channelization or sight
distance standards described in section 17 of this 2011 Act does
not need a deviation from the standards if the department and the
applicant agree on a location of the approach that optimizes
safety, highway operations and site design.
(9) Except as otherwise provided in this section, the following
procedures apply to all applications for an approach permit:
(a) The department shall determine whether an application for
an approach permit is complete within 30 days of receipt of the
application.
(b) The department shall approve an application, approve an
application with conditions or deny an application:
(A) Within 30 days of the date that the department determines
the application to be complete, for applications that meet
spacing, channelization or sight distance standards described in
section 17 of this 2011 Act; or
(B) Within 60 days of the date that the department determines
the application to be complete for all other types of
applications.
(c) The department may impose reasonable conditions to mitigate
safety or highway operations concerns identified by the
department in its review of the application, as provided in
subsection (10)(g) of this section.
(d) When the department proposes to deny an approach permit
application or approve an application with conditions, the
department shall notify the applicant of its intent and offer the
applicant a collaborative process established by the department
by rule.
(e) If the offer of a collaborative process is declined, the
department shall issue its decision in writing with sufficient
specificity regarding any safety or highway operations concerns
upon which the department's decision is based to allow the
applicant to respond.
(f) The department's decision shall advise the applicant of the
applicant's rights for dispute resolution processes to resolve
issues relating to the department's decision as set forth in
section 14 of this 2011 Act.
(10) The following directives apply to all applications for an
approach permit:
(a) All applications are required to meet sight distance
standards described in section 17 (6) of this 2011 Act except as
otherwise provided in this section or unless a deviation is
otherwise approved by the department.
(b) Except for highways classified as interstate highways and
highways designated as expressways by the Oregon Transportation
Commission, the department may not use the presence of alternate
access to a property abutting a highway as a basis for denying an
Enrolled Senate Bill 264 (SB 264-A) Page 10
approach permit application, except in rural areas where the
presence of alternative access is a consideration in determining
whether to approve or deny a second or subsequent approach permit
application.
(c) The department may not impose nontraversable medians as a
mitigation measure for approach permit applications unless the
department first establishes that no other mitigation measures
are effective or available under the circumstances.
(d) Mobility standards, established by the department by rule,
are not applicable to turning movements from private approaches
during the department's review of approach permit applications,
except when the ratio of volume to capacity on the proposed
private approach is 1.0 or greater.
(e) The department may not require an applicant to submit a
traffic impact analysis except as provided in section 18 of this
2011 Act.
(f) The department shall utilize an engineer with relevant
experience to review and respond to evidence from a qualified
expert that is submitted by the applicant.
(g) The department shall have the burden of proving any safety
or highway operations concerns relied upon in the department's
decision to approve an application with conditions or deny an
application. Safety or highway operations concerns that may be
applied to the department's permit decisions on applications
submitted under this section are limited to one or more of the
following unique safety and highway operations concerns:
(A) Regular queuing on the highway that impedes turning
movements associated with the proposed approach.
(B) Offset approaches that may create the potential for
overlapping left turn movements or competing use of a center turn
lane.
(C) Insufficient distance for weave movements made by vehicles
exiting an approach across multiple lanes in the vicinity of
signalized intersections, roads classified by the Oregon
Transportation Commission as collectors or arterials and on-ramps
or off-ramps.
(D) Location of the proposed approach within a highway segment
with a crash rate that is 20 percent higher than the statewide
average for similar highways.
(E) Location of the proposed approach within a highway segment
listed in the top five percent of locations identified by the
safety priority index system developed by the department.
(F) Inadequate sight distance from an intersection to the
nearest driveway on district highways and regional highways where
the speed limit established in ORS 811.111 or the designated
speed posted under ORS 810.180 is 50 miles per hour or higher.
(11) The department shall use the criteria for determining what
constitutes reasonable access as specified in ORS 374.310.
(12) The department shall make its decision to grant or deny an
approach permit on the record. When the department denies an
application or approves an application with conditions, the
department shall issue findings specifying the basis of the
decision for the record. The department shall adopt rules
specifying the form of the record. + }
{ - (4) - } { + (13) + } The department and a local
government may enter into an intergovernmental agreement setting
provisions for and allowing the local government to issue
{ - access permits - } { + approach permits + } for regional
and district state highways. The agreement must provide that
permits issued by local governments will be consistent with the
Enrolled Senate Bill 264 (SB 264-A) Page 11
highway plan and administrative rules adopted by the department,
with state statutes and with the local transportation system plan
acknowledged under ORS chapter 197. The department shall adopt
rules specifying the circumstances under which authority will be
delegated to a local government.
{ - (5) - } { + (14) + } The department shall develop a
program that allows a person that might be affected by the
issuance of the permit, but that is not the owner of the property
subject to the permit, to express concerns to the department
prior to the issuance of the permit. For purposes of this
subsection, persons that might be affected by the issuance of the
permit are the city or county in which the road is located and
any person that owns property adjacent to the proposed access.
Nothing in this subsection gives a city, county or other person
that might be affected standing to appeal any decision of the
department regarding granting of the permit.
SECTION 14. { + Appeals process for denial of approach permit
and other appealable decisions. There is created a set of dispute
resolution procedures governing an appeal of the Department of
Transportation's decision regarding an approach permit or the
removal or modification of an approach. The procedures described
in this section include but are not necessarily limited to
notice, guarantee of an impartial tribunal, burden of proof and
admission and weight of evidence, as follows:
(1) Decisions by the department to deny an application, to deny
a deviation or to approve an application with mitigation measures
are appealable by the applicant or permit holder. An applicant or
permit holder may request a hearing. A hearing conducted under
this subsection shall be conducted as a contested case hearing in
accordance with ORS chapter 183.
(2) In addition to requesting a hearing under subsection (1) of
this section, an applicant or permit holder may request the
following dispute resolution procedures to resolve issues
relating to the department's decision:
(a) Collaborative discussion, as established by the department
by rule;
(b) Review by an Access Management Dispute Review Board
established under section 15 of this 2011 Act; or
(c) Both.
(3) The time required for a collaborative discussion or review
by an Access Management Dispute Review Board process is in
addition to the 120 days required for the department's final
decision under ORS 374.312.
(4)(a) The department shall conduct a collaborative discussion
within 45 days of the date the department receives a request from
an applicant or permit holder for collaborative discussion unless
the applicant or permit holder and the department agree to a
longer amount of time.
(b) The department shall conduct a review by an Access
Management Dispute Review Board within 45 days of the date the
department receives a request for a review by an Access
Management Dispute Review Board from an applicant or permit
holder unless the applicant or permit holder and the department
agree to a longer amount of time.
(5) A request for a dispute resolution procedure shall stay the
time in which the department must issue a final decision for a
concurrent contested case hearing.
(6) If an agreement between the parties is reached using
collaborative discussion, the Director of Transportation shall
issue the written decision. The written decision is a binding
Enrolled Senate Bill 264 (SB 264-A) Page 12
agreement for the department and for the applicant or permit
holder.
(7) The decision pursuant to the collaborative discussion or
the Access Management Dispute Review Board to approve, modify or
reverse the department's decision to approve an application for
an approach permit with conditions, to modify or require
mitigation measures of an existing approach permit, to deny an
approach permit or to remove or modify an approach is a
settlement offer and is not a decision that may be appealed.
(8) The department may adopt rules for the dispute resolution
procedures described under this section. + }
SECTION 15. { + Access Management Dispute Review Board. (1) If
the applicant or permit holder of an approach permit requests a
review by an Access Management Dispute Review Board under section
14 of this 2011 Act, the Department of Transportation shall
appoint an Access Management Dispute Review Board by selecting
members for a board consisting of any or all of following:
(a) The Director of Transportation or a designee of the
director who is familiar with the location in which the disputed
approach is located.
(b) A representative of the local jurisdiction in which the
disputed approach is located.
(c) A traffic engineer who practices engineering in Oregon.
(d) A representative from the economic or business sector.
(2) The Access Management Dispute Review Board shall consider
information presented by the parties and shall notify the
applicant or permit holder and the director of its findings
regarding the department's original decision.
(3) The director shall review the Access Management Dispute
Review Board's findings and may approve, modify or reverse the
department's original decision to approve an application for an
approach permit with conditions, to modify or require mitigation
measures for an existing approach permit, to deny the approach
permit or to remove or modify an approach.
(4) The director shall notify the applicant or permit holder in
writing of the department's determination following a review by
an Access Management Dispute Review Board appointed under this
section. + }
SECTION 16. { + Sections 17 to 20 of this 2011 Act are added
to and made a part of ORS 374.305 to 374.330. + }
SECTION 17. { + Standards for approach permits. + } { + The
objective standards for spacing, channelization and sight
distance for decisions to approve, modify or deny an approach
permit are as follows:
(1) When making a decision to approve or deny an application
for an approach permit under ORS 374.312, the Department of
Transportation shall apply, as one of the standards, the
standards in Table 1 for spacing between approaches on highway
segments where the annual average daily traffic is 5,000 or fewer
motor vehicles: + }
________________________________________________________________
{ +
TABLE 1 + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Enrolled Senate Bill 264 (SB 264-A) Page 13
{ +
Regional
Highways Statewide
District Highways
HighwaysStatewideStatewidUnincorporated
Rural and Highways HighwaysCommunities
Speed Urban Rural AreUrban AreaRural Areas
(miles pe(distance(distance(distance (distance
hour) in feet) in feet) in feet)in feet) + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
55650 higher 1,320 1,320 1,320
50 425 1,100 1,100 1,100
40 & 45 360 990 360 750
30 & 35 250 770 250 425
25 or lower 150 550 150 350 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
________________________________________________________________
{ + (a) For spacing between private approaches, the spacing
standards described in Table 1 apply to the distance measured
along the highway from the center of an existing or proposed
private approach to the center of the nearest existing or
proposed private approach on the same side of the highway in both
directions. For spacing between a private and a public approach,
the standard applies to the distance measured in both directions
along the highway from the center of an existing or proposed
private approach to the center of the nearest intersection of the
highway with a public approach or another state highway.
(b) The spacing standards for approaches on one-way highways or
highways with a raised or depressed nontraversable median where
only a right-hand or left-hand turn into and from the approach is
allowed are one-half the spacing standards for highways where the
annual average daily traffic is more than 5,000 motor vehicles as
described in Table 2.
(c) Special transportation areas, access management plans,
corridor plans, interchange area management plans or interchange
management areas, as designated by the Oregon Transportation
Commission, may have spacing standards that take precedence over
the spacing standards described in Table 1.
(d) For a signalized private approach, signal spacing standards
established by the department by rule supersede the spacing
standards described in Table 1.
(e) The spacing standards in Table 1 do not apply to approaches
in existence prior to January 1, 2012, except when:
(A) A new or change of use of an approach permit is required
under ORS 374.312.
(B) Infill development or infill redevelopment occurs and
spacing or safety will be improved by moving in the direction of
the spacing standards described in Table 1.
Enrolled Senate Bill 264 (SB 264-A) Page 14
(C) A highway or interchange project occurs and spacing or
safety will be improved by moving in the direction of the spacing
standards described in Table 1.
(f) The spacing standards for a statewide highway, regional
highway or district highway that is designated as an expressway
by the commission where the annual average daily traffic is 5,000
or fewer motor vehicles are described in Tables 2 to 4.
(2) When making a decision to approve or deny an application
for an approach permit, the department shall apply, as one of the
standards, the standards in Table 2 for spacing between
approaches on statewide highways where the annual average daily
traffic is more than 5,000 motor vehicles: + }
________________________________________________________________
{ +
TABLE 2 + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
ExpresswaExpressway
Speed Rural AreUrban AreRural AreaUrban Areas
(miles (distance(distance(distance (distance
per hour) in feet) in feet) in feet)in feet) + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
555,280igher 2,640 1,320 1,320
50 5,280 2,640 1,100 1,100
40 & 45 5,280 2,640 990 800
30 & 35 - - 770 500
25 & lower - - 550 350 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
________________________________________________________________
{ + (a) For spacing between private approaches, the spacing
standards described in Table 2 apply to the distance measured
along the highway from the center of an existing or proposed
private approach to the center of the nearest existing or
proposed private approach on the same side of the highway in both
directions. For spacing between a private and a public approach,
the standard applies to the distance measured in both directions
along the highway from the center of an existing or proposed
private approach to the center of the nearest intersection of the
highway with a public approach or another state highway.
(b) The spacing standards for approaches on one-way highways or
highways with a raised or depressed nontraversable median where
only a right-hand or left-hand turn into and from the approach is
allowed are one-half the spacing standards described in Table 2.
Enrolled Senate Bill 264 (SB 264-A) Page 15
(c) Special transportation areas, access management plans,
corridor plans, interchange area management plans or interchange
management areas, as designated by the commission, may have
spacing standards that take precedence over the spacing standards
described in Table 2.
(d) For a signalized private approach, signal spacing standards
established by the department by rule supersede the spacing
standards described in Table 2.
(e) The spacing standards in Table 2 do not apply to approaches
in existence prior to January 1, 2012, except when:
(A) A new or change of use of an approach permit is required
under ORS 374.312.
(B) Infill development or infill redevelopment occurs and
spacing and safety will be improved by moving in the direction of
the spacing standards described in Table 2.
(C) A highway or interchange project occurs and spacing and
safety will be improved by moving in the direction of the spacing
standards described in Table 2.
(f) The spacing standards described in Table 2 for a statewide
highway that is designated as an expressway by the commission
also apply to an expressway where the annual average daily
traffic is 5,000 or fewer motor vehicles.
(3) When making a decision to approve or deny an application
for an approach permit, the department shall apply, as one of the
standards, the standards in Table 3 for the spacing between
approaches on regional highways where the annual average daily
traffic is more than 5,000 motor vehicles: + }
________________________________________________________________
{ +
TABLE 3 + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
ExpresswaExpressway
Speed Rural AreUrban AreRural AreaUrban Areas
(miles (distance(distance(distance (distance
per hour) in feet) in feet) in feet)in feet) + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
555,280igher 2,640 990 990
50 5,280 2,640 830 830
40 & 45 5,280 2,640 750 500
30 & 35 - - 600 350
25 & lower - - 450 250 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
________________________________________________________________
Enrolled Senate Bill 264 (SB 264-A) Page 16
{ + (a) For spacing between private approaches, the spacing
standards described in Table 3 apply to the distance measured
along the highway from the center of an existing or proposed
private approach to the center of the nearest existing or
proposed private approach on the same side of the highway in both
directions. For spacing between a private and a public approach,
the standard applies to the distance measured in both directions
along the highway from the center of an existing or proposed
private approach to the center of the nearest intersection of the
highway with a public approach or another state highway.
(b) The spacing standards for approaches on one-way highways or
highways with a raised or depressed nontraversable median where
only a right-hand or left-hand turn into and from the approach is
allowed are one-half the spacing standards described in Table 3.
(c) Special transportation areas, access management plans,
corridor plans, interchange area management plans or interchange
management areas, as designated by the commission, may have
spacing standards that take precedence over the spacing standards
described in Table 3.
(d) For a signalized private approach, signal spacing standards
established by the department by rule supersede the spacing
standards described in Table 3.
(e) The spacing standards in Table 3 do not apply to approaches
in existence prior to January 1, 2012, except when:
(A) A new or change of use of an approach permit is required
under ORS 374.312.
(B) Infill development or infill redevelopment occurs and
spacing and safety will be improved by moving in the direction of
the spacing standards described in Table 3.
(C) A highway or interchange project occurs and spacing and
safety will be improved by moving in the direction of the spacing
standards described in Table 3.
(f) The spacing standards described in Table 3 for a regional
highway that is designated as an expressway by the commission
also applies to an expressway where the annual average daily
traffic is 5,000 or fewer motor vehicles.
(4) When making a decision to approve or deny an application
for an approach permit, the department shall apply, as one of the
standards, the standards in Table 4 for the spacing between
approaches on district highways where the annual average daily
traffic is more than 5,000 motor vehicles: + }
________________________________________________________________
{ +
TABLE 4 + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
ExpresswaExpressway
Speed Rural AreUrban AreRural AreaUrban Areas
(miles (distance(distance(distance (distance
per hour) in feet) in feet) in feet)in feet) + }
Enrolled Senate Bill 264 (SB 264-A) Page 17
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
555,280igher 2,640 700 700
50 5,280 2,640 550 550
40 & 45 5,280 2,640 500 500
30 & 35 - - 400 350
25 & lower - - 400 250 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
________________________________________________________________
{ + (a) For spacing between private approaches, the spacing
standards described in Table 4 apply to the distance measured
along the highway from the center of an existing or proposed
private approach to the center of the nearest existing or
proposed private approach on the same side of the highway in both
directions. For spacing between a private and a public approach,
the standard applies to the distance measured in both directions
along the highway from the center of an existing or proposed
private approach to the center of the nearest intersection of the
highway with a public approach or another state highway.
(b) The spacing standards for approaches on one-way highways or
highways with a raised or depressed nontraversable median where
only a right-hand or left-hand turn into and from the approach is
allowed are one-half the spacing standards described in Table 4.
(c) Special transportation areas, access management plans,
corridor plans, interchange area management plans or interchange
management areas, as designated by the commission, may have
spacing standards that take precedence over the spacing standards
described in Table 4.
(d) For a signalized private approach, signal spacing standards
established by the department by rule supersede the spacing
standards described in Table 4.
(e) The spacing standards in Table 4 do not apply to approaches
in existence prior to January 1, 2012, except when:
(A) A new or change of use of an approach permit is required
under ORS 374.312.
(B) Infill development or infill redevelopment occurs and
spacing and safety will be improved by moving in the direction of
the spacing standards described in Table 4.
(C) A highway or interchange project occurs and spacing and
safety will be improved by moving in the direction of the spacing
standards described in Table 4.
(f) The spacing standards described in Table 4 for a district
highway that is designated as an expressway by the commission
also apply to an expressway where the annual average daily
traffic is 5,000 or fewer motor vehicles.
(5)(a) The department may require channelization on the highway
as a condition for the approval of an approach permit if any of
the following conditions exist:
(A) The number of average daily trips at the property exceeds
400 when the property is located on a two-lane highway with an
annual average daily traffic of 5,000 or more motor vehicles.
Enrolled Senate Bill 264 (SB 264-A) Page 18
(B) The number of average daily trips at the property exceeds
400 when the property is located on a four-lane highway with an
annual average daily traffic of 10,000 or more motor vehicles.
(C) The product of the number of average daily trips at the
property multiplied by the annual average daily traffic on the
highway is equal to or greater than the products listed in the
table below: + }
________________________________________________________________
{ +
TABLE 5 + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
Product of Property's Average Daily Trips Multiplied by the
Abutting Highway's Annual Average Daily Traffic (Millions) + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
NuSpeedof Speed Speed Speed
highway 25 mph 30-35 40-45 50 mph
lanes or lower mph mph or higher + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
2 5.1es 3.9 1.8 1.3
4 lanes 10.2 7.8 3.6 2.6 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
________________________________________________________________
{ + (b) The number of average daily trips at a property may
be determined by a traffic impact analysis or from national
standards, as determined by the department. A vehicle that enters
and exits a property has made two trips.
(c) The annual average daily traffic for a state highway may be
determined from the most recent edition of the transportation
volume tables published annually by the department. The
department shall post the transportation volume tables on the
department's website.
(6) The department may adopt by rule a standard for sight
distance based on nationally accepted standards.
(7) As used in this section:
Enrolled Senate Bill 264 (SB 264-A) Page 19
(a) 'Infill development' means the development of vacant or
remnant land that has been passed over by previous development
and that is consistent with zoning. Infill occurs in urban areas.
It may also occur in rural areas on commercially or industrially
zoned land where the land has been developed into an urban block
pattern including a local street network where the highway speed
is 45 miles per hour or less.
(b) 'Infill redevelopment' means changing an existing
development including replacement, remodeling or reuse of
existing structures to accommodate new development that is
consistent with current zoning. Redevelopment occurs in urban
areas. It may also occur in rural areas on commercially or
industrially zoned land where the land has been developed into an
urban block pattern including a local street network and where
the highway speed is 45 miles per hour or less.
(c) 'Rural' means the area outside an urban growth boundary,
the area outside a special transportation area in an
unincorporated community or the area outside an urban
unincorporated community.
(d) 'Speed' means the speed limit established in ORS 811.111 or
the designated speed posted under ORS 810.180.
(e) 'Urban' means the area within an urban growth boundary, the
area within a special transportation area of an unincorporated
community or the area within an urban unincorporated
community. + }
SECTION 18. { + Traffic impact analysis. + } { + (1) Except
as provided in subsection (2) of this section, the Department of
Transportation may require a person applying for an approach
permit under ORS 374.312 to submit a traffic impact analysis in
conjunction with the application for an approach permit.
(2) The department may not require a person applying for an
approach permit to submit a traffic impact analysis when:
(a) The average daily volume of trips at the property is 400 or
fewer trips.
(b) The average daily volume of trips at the property is more
than 400 but fewer than 1,001 trips if:
(A) The highway is a two-lane highway with fewer than 5,000
motor vehicles in annual average daily traffic;
(B) The highway is a three-lane highway with fewer than 15,000
motor vehicles in annual average daily traffic;
(C) The highway is a four-lane highway with fewer than 10,000
motor vehicles in annual average daily traffic; or
(D) The highway is a five-lane highway with fewer than 25,000
motor vehicles in annual average daily traffic.
(3) The average daily trips at a property may be determined
using nationally recognized standards, as adopted by the
department by rule.
(4) The number of motor vehicles in annual average daily
traffic for a state highway may be determined from the most
recent edition of the transportation volume tables published
annually by the department. The department shall post the
transportation volume tables on the department's website. + }
SECTION 19. { + Collaboration with highway users. (1) The
Department of Transportation shall work collaboratively with
highway users on all proposals to install a raised or depressed
barrier on two-lane segments of state highways.
(2) As used in this section 'highway users' includes
representatives of the freight industry and automobile users and
may include representatives of local government and other
transportation stakeholders, as appropriate. + }
Enrolled Senate Bill 264 (SB 264-A) Page 20
SECTION 20. { + Highway classification. The Oregon
Transportation Commission shall periodically review, not less
often than every six years, the classification of state highways,
including the designation of highway segments as expressways, as
a part of its comprehensive, long-range transportation plan
developed pursuant to ORS 184.618 to ensure that the
classifications for the highways and designations of expressways
are appropriate to their uses. + }
SECTION 21. ORS 373.015 is amended to read:
373.015. { + (1) Except as provided in section 23 of this 2011
Act, + } before the Department of Transportation acquires within
any incorporated city any new rights of way, or relocates or
abandons any existing state highway within any incorporated city,
the department shall { - by letter - } notify the mayor of
{ - such - } { + the + } city { + by letter + } of the
action contemplated by the department { + . + } { - , and, - }
{ + (2) + } If { + the department receives from the mayor or
city council + } any remonstrances or objections { - thereto
are made by the mayor or the council of such city - } within 10
days after { - receipt of such letter, - } { + the mayor
received the letter under subsection (1) of this section, + } the
department, or its designated representative, shall hold a public
hearing at the city hall in { - such - } { + the + }
city { + . + } { - , after having first given written notice
thereof to the mayor - }
{ + (3) The department shall provide written notice to the
mayor + } at least 10 days prior { - thereto - } { + to the
public hearing + }, and { - , - } at
{ - such - } { + the + } public hearing { - , - } persons
who favor or oppose the contemplated action shall be given an
opportunity to be heard.
SECTION 22. { + Section 23 of this 2011 Act is added to and
made a part of ORS 374.305 to 374.330. + }
SECTION 23. { + (1) When it is determined by the Department of
Transportation and a city that it is in the best interest of
highway users to abandon a segment of the state highway, the
department and the city may enter into an agreement to transfer
jurisdiction and ownership of the segment of state highway to the
city.
(2) In addition to funds provided to the city under ORS
366.800, the department may agree to provide funds annually to
the city for the continued construction, repair, maintenance and
improvement of the abandoned state highway from the State Highway
Fund.
(3) The agreement between the department and the city accepting
jurisdiction must contain provisions to ensure that freight
movement on the highway will not be restricted beyond the limits
set in the agreement, unless the Oregon Transportation
Commission, in consultation with the freight industry and the
city, concludes that the restriction is necessary for the safety
of the highway users. Nothing in this section prevents a city
from taking emergency action to protect safety or place weight
restrictions on a structure that is failing or otherwise
damaged. + }
SECTION 24. ORS 366.290 is amended to read:
366.290. (1) The Department of Transportation may select,
locate, establish, designate, improve and maintain out of the
highway fund a system of state highways, and for that purpose
may, by mutual agreement with several counties, select county
roads or public roads. By an appropriate order entered in its
Enrolled Senate Bill 264 (SB 264-A) Page 21
records the department may designate and adopt such roads as
state highways. Thereafter the construction, improvement,
maintenance and repair of such roads shall be under the
jurisdiction of the department.
(2) In the selection of highways or roads to { - comprise - }
{ + be included in + } the state highway system the department
shall give consideration to and shall select such county roads or
public roads as will contribute to and best promote the
completion of an adequate system of state highways.
(3) { + (a) + } With the written { - consent - }
{ + agreement + } of the county in which a particular highway or
part thereof is located, the department may, when in its opinion
the interests of { - the state - } { + highway users + } will
be best served, eliminate from the state highway system any
road { + , + } { - or highway or part thereof. Thereafter - }
{ + highway, road segment or highway segment. + } The
road { + , + } { - or - } highway or { - part thereof
eliminated shall become - } { + segment becomes + } a county
road or highway, and the construction, repair, maintenance or
improvement, and jurisdiction over { - such highway shall - }
{ + the road or highway will + } be exclusively under the county
in which { - such highway or road - } { + the road or
highway + } is located.
{ + (b) In addition to the funds provided under ORS 366.762
to the county, the department may annually provide funds out of
the State Highway Fund to address the additional costs to the
county for the construction, repair, maintenance or improvement
of the road or highway over which the county accepts
jurisdiction.
(c) The agreement between the department and the county
accepting jurisdiction must contain provisions to ensure that
freight movement on the highway will not be restricted beyond the
limits set in the agreement, unless the Oregon Transportation
Commission, in consultation with the freight industry and the
county, concludes that the restriction is necessary for the
safety of the highway users. Nothing in this section prevents a
county from taking emergency action to protect safety or place
weight restrictions on a structure that is failing or otherwise
damaged. + }
(4) The construction, maintenance and repair of state highways
shall be carried on at the sole expense of the state or at the
expense of the state and the county by mutual agreement between
the department and the county in which any particular state
highway is located.
SECTION 25. ORS 811.430 is amended to read:
811.430. (1) A person commits the offense of driving on a
highway divider if the person drives a vehicle over, across or
within a dividing space, barrier or section that is an
intervening space, physical barrier or clearly indicated dividing
section so constructed as to impede vehicular traffic and that
divides a highway into two or more roadways.
{ + (2) For purposes of this section, a 'dividing space '
includes pavement markings of solid double yellow lines with
yellow cross-hatching between the double yellow lines. + }
{ - (2) - } { + (3) + } This section does not apply when
the movement of a vehicle that is otherwise prohibited by this
section is made:
(a) At an authorized crossover or intersection; or
(b) At the specific direction of a road authority.
Enrolled Senate Bill 264 (SB 264-A) Page 22
{ - (3) - } { + (4) + } The offense described in this
section, driving on a highway divider, is a Class B traffic
violation.
SECTION 26. Section 2, chapter 31, Oregon Laws 2010, is amended
to read:
{ + Sec. 2. + } { - (1) - } The Department of
Transportation, in cooperation with stakeholders, shall develop
proposed legislation to codify, clarify and bring consistency to
issuance of { - access - } { + approach + } permits based on
objective standards.
{ - (2) The department shall provide a report to the
Legislative Assembly prior to January 2011. The report must
include a description of the proposed legislation developed under
subsection (1) of this section. - }
SECTION 27. { + Access Management Oversight Task Force. (1)
The Access Management Oversight Task Force is established,
consisting of 11 members appointed as follows:
(a) The President of the Senate shall appoint two members from
among members of the Senate.
(b) The Speaker of the House of Representatives shall appoint
three members from among members of the House of Representatives.
(c) The Governor shall appoint six members as follows:
(A) One member who is the Director of Transportation or the
director's designee;
(B) One member who is a representative of the development
community;
(C) Two members who are representatives of local governments;
and
(D) Two members who represent highway users.
(2) In selecting the legislative members of the task force, the
Senate President and the Speaker of the House of Representatives
shall work together to ensure that each of the five geographic
regions of the Department of Transportation, as described in
section 10, chapter 865, Oregon Laws 2009, are represented.
(3) The task force shall provide oversight and monitor the
department's:
(a) Ongoing progress in proposing legislation to codify,
clarify and bring consistency to issuance of approach permits
based on objective standards as required under section 2, chapter
31, Oregon Laws 2010, and in adopting consistent administrative
rules.
(b) Implementation of this section and sections 2, 14 to 20 and
23 of this 2011 Act and the amendments to ORS 366.290, 373.015,
374.305, 374.312 and 811.430 by sections 3, 13, 21, 24 and 25 of
this 2011 Act.
(4) The task force may recommend legislation to the Legislative
Assembly as necessary.
(5) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(6) Official action by the task force requires the approval of
a majority of the members of the task force.
(7) The task force shall elect one of its members to serve as
chairperson.
(8) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(9) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
Enrolled Senate Bill 264 (SB 264-A) Page 23
(10) The task force may adopt rules necessary for the operation
of the task force.
(11) The department shall provide staff support to the task
force.
(12) Notwithstanding ORS 171.072, members of the task force who
are members of the Legislative Assembly are not entitled to
mileage expenses or a per diem and serve as volunteers on the
task force. Other members of the task force are not entitled to
compensation or reimbursement for expenses and serve as
volunteers on the task force.
(13) The task force shall report its findings and
recommendations on access management to the interim committees
related to transportation each year in the manner provided by ORS
192.245 no later than December 1. + }
SECTION 28. { + Section 2, chapter 31, Oregon Laws 2010, as
amended by section 26 of this 2011 Act, and section 27 of this
2011 Act are repealed on January 2, 2016. + }
SECTION 29. { + Sections 1, 2, 14 to 20, 22, 23 and 27 of this
2011 Act and the amendments to ORS 366.290, 373.015, 374.305,
374.312 and 811.430 and section 2, chapter 31, Oregon Laws 2010,
by sections 3, 13, 21 and 24 to 26 of this 2011 Act become
operative on January 1, 2012. + }
SECTION 30. { + The section captions used in this 2011 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2011 Act. + }
SECTION 31. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
----------
Passed by Senate May 12, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 2, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 264 (SB 264-A) Page 24
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 264 (SB 264-A) Page 25
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