ORS 374.305¹
Necessity of permission to build on rights of way

(1) No person, firm or corporation may 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 (Necessity of permission to build on rights of way) to 374.330 (Prior status preserved):

(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. [Amended by 1955 c.424 §1; 1957 c.323 §1; 1967 c.497 §1]

Notes of Decisions

Property owner proposing to alter approach road constructed before September 13, 1967, was re­quired to obtain written con­sent of the Depart­ment of Transporta­tion. Spaght v. Dept. of Trans., 29 Or App 681, 564 P2d 1092 (1977), Sup Ct review denied

Failure to obtain permit does not conclusively es­tab­lish that roadway is public nuisance precluding crea­tion of prescriptive ease­ment. Foster Auto Parts, Inc. v. City of Portland, 171 Or App 278, 15 P3d 573 (2000)

Atty. Gen. Opinions

Establish­ment of fee schedule to cover expenses of permit issuance for construc­tion on state highway rights-of-way, (1978) Vol 39, p 423

1 Legislative Counsel Committee, CHAPTER 374—Control of Access to Public Highways, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­374.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 374, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­374ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
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