ORS 374.310
State permits

  • rules

(1)

The Department of Transportation shall adopt rules consistent with this section and ORS 374.312 (Rules regarding permits for approach roads) 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 (Additional definitions for Bank Act) 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 (Construction under permits) 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:

(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)

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. [Amended by 1955 c.424 §2; 1957 c.323 §2; 1967 c.497 §2; 1991 c.331 §59; 1997 c.249 §119; 1997 c.631 §467; 1999 c.974 §3; 2003 c.371 §1; 2005 c.837 §15; 2010 c.31 §1; 2011 c.330 §§4,5]


Source: Section 374.310 — State permits; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors374.­html.

Notes of Decisions

Grounds for canceling permits set forth in ORS 374.320 do not limit ability of Department of Transportation to adopt rules or issue permits providing for cancellation under other circumstances. Deupree v. Department of Transportation, 180 Or App 395, 43 P3d 1122 (2002), Sup Ct review denied

374.005
Policy and purpose of ORS 374.005 to 374.095
374.010
“Throughway” defined
374.015
Department of Transportation to establish and maintain throughways
374.020
Interference with railroad facilities prohibited
374.025
Change from throughway to highway
374.030
Separation of throughways into separate roadways
374.035
Acquisition of real property
374.040
Acquisition of land not immediately needed
374.045
Payment for land acquired
374.050
Parties bringing eminent domain proceedings
374.055
Evidentiary purposes of improvement plan
374.060
Power of Department of Transportation as to intersecting streets and roads
374.065
Intersection of throughways and county roads
374.070
Throughways in cities
374.075
Cooperation of municipal and county authorities with Department of Transportation
374.080
Agreements with federal government, counties and cities
374.085
Severance by throughway of agricultural land
374.090
Destruction by throughway of access to agricultural property
374.095
Utility roads where access to abutting property affected
374.300
Legislative intent
374.302
Definitions for ORS 374.302 to 374.334
374.305
Necessity of permission to build on rights of way
374.307
Removal or repair of installation constructed without permission
374.308
Presumption of written permission
374.309
County permits
374.310
State permits
374.311
Permit standards
374.312
Rules regarding permits for approach roads
374.313
Claim for relief after closure of approach road
374.314
Traffic impact analysis
374.315
Construction under permits
374.317
Approach road maintenance
374.320
Removal or repair of installation on right of way at expense of applicant
374.325
Effect of ORS 374.305 to 374.325
374.326
Collaboration with highway users
374.328
Highway classification
374.329
Agreements with cities
374.330
Prior status preserved
374.331
Facility plans
374.334
Access management strategy
374.335
Driving certain motor vehicles across public highway not considered operation on highway
374.340
Cattle crossings under public road
374.345
Rules regarding turning onto state highway from approach road
374.350
Process for appeal of decisions regarding access to highways
374.355
Dispute resolution procedures
374.360
Access Management Dispute Review Board
374.405
Access rights of property abutting on state highways
374.410
Department of Transportation to prescribe access rights of abutting property
374.415
Action to prevent entering or leaving state highways in manner not authorized
374.420
County throughways
374.425
County court to prescribe access rights of abutting property
374.430
Action to prevent entering or leaving county roads in unauthorized manner
374.990
Penalty for violation of ORS 374.305 or rule adopted under ORS 374.309 or 374.310
Green check means up to date. Up to date