ORS 366.514
Use of highway fund for footpaths and bicycle trails


(1)

Out of the funds received by the Department of Transportation or by any county or city from the State Highway Fund reasonable amounts shall be expended as necessary to provide footpaths and bicycle trails, including curb cuts or ramps as part of the project. Footpaths and bicycle trails, including curb cuts or ramps as part of the project, shall be provided wherever a highway, road or street is being constructed, reconstructed or relocated. Funds received from the State Highway Fund may also be expended to maintain footpaths and trails and to provide footpaths and trails along other highways, roads and streets.

(2)

Footpaths and trails are not required to be established under subsection (1) of this section:

(a)

Where the establishment of such paths and trails would be contrary to public safety;

(b)

If the cost of establishing such paths and trails would be excessively disproportionate to the need or probable use; or

(c)

Where sparsity of population, other available ways or other factors indicate an absence of any need for such paths and trails.

(3)

The amount expended by the department or by a city or county as required or permitted by this section shall never in any one fiscal year be less than one percent of the total amount of the funds received from the highway fund. However:

(a)

This subsection does not apply to a city in any year in which the one percent equals $250 or less, or to a county in any year in which the one percent equals $1,500 or less.

(b)

A city or county in lieu of expending the funds each year may credit the funds to a financial reserve fund in accordance with ORS 294.346 (Reserve fund established without vote), to be held for not more than 10 years, and to be expended for the purposes required or permitted by this section.

(c)

For purposes of computing amounts expended during a fiscal year under this subsection, the department, a city or county may record the money as expended:

(A)

On the date actual construction of the facility is commenced if the facility is constructed by the city, county or department itself; or

(B)

On the date a contract for the construction of the facilities is entered with a private contractor or with any other governmental body.

(4)

For the purposes of this chapter, the establishment of paths, trails and curb cuts or ramps and the expenditure of funds as authorized by this section are for highway, road and street purposes. The department shall, when requested, provide technical assistance and advice to cities and counties in carrying out the purpose of this section. The department shall recommend construction standards for footpaths and bicycle trails. Curb cuts or ramps shall comply with the requirements of ORS 447.310 (Standards for curbing) and rules adopted under ORS 447.231 (Rules to eliminate architectural barriers). The department shall, in the manner prescribed for marking highways under ORS 810.200 (Uniform standards for traffic control devices), provide a uniform system of signing footpaths and bicycle trails which shall apply to paths and trails under the jurisdiction of the department and cities and counties. The department and cities and counties may restrict the use of footpaths and bicycle trails under their respective jurisdictions to pedestrians and nonmotorized vehicles, except that motorized wheelchairs shall be allowed to use footpaths and bicycle trails.

(5)

As used in this section, “bicycle trail” means a publicly owned and maintained lane or way designated and signed for use as a bicycle route. [1971 c.376 §2; 1979 c.825 §1; 1983 c.19 §1; 1983 c.338 §919; 1991 c.417 §7; 1993 c.503 §12; 1997 c.308 §36; 2001 c.389 §1]

Source: Section 366.514 — Use of highway fund for footpaths and bicycle trails, https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html.

Notes of Decisions

Expenditure of one percent minimum amount on footpath and bicycle trail activities in general does not satisfy requirement that specific expenditures be made where roadways are constructed or reconstructed. Bicycle Transportation Alliance v. City of Portland, 133 Or App 422, 891 P2d 692 (1995), Sup Ct review denied

Attorney General Opinions

Using one-half of division appropriation in budgeting for footpaths and bicycle trails, (1972) Vol 36, p 1; method of determining amount of money to be spent by Highway Division on footpaths and bicycle trails, (1974) Vol 37, p 235; consideration of miscellaneous revenue sources in computing 1% monies from Highway Fund, (1977) Vol 38, p 1493; bicycle parking facilities, educational programs, trail maps, route signs and Advisory Commission compensation expenses as charges against bicycle and footpath fund, (1978) Vol 39, p 400; use of money set aside for footpaths and bicycle trails for construction of bicycle-pedestrian bridge over river, (1981) Vol 41, p 545

366.005
Definitions
366.010
“County court” and “road” or “highway” defined
366.112
Bicycle lane and path advisory committee
366.155
Duties and powers of department regarding highways
366.157
Program for prevention and cleanup of litter and vandalism
366.158
Adopt-a-Highway Program
366.159
Vegetation control permit
366.161
Prevention of wildlife-vehicle collisions
366.162
Temporary coordination of efforts to prevent wildlife-vehicle collisions
366.165
Revolving fund
366.205
Power and authority of commission over highways
366.207
Statewide winter maintenance strategy and policy
366.210
Limit on administration and engineering expenditure
366.212
Freight Advisory Committee
366.215
Creation of state highways
366.220
Creation of state highway system
366.285
Location of highways when in doubt
366.290
Adding to or removing roads from state highway system
366.292
Consideration of tolling prior to doing modernization project
366.295
Relocation of highways
366.297
Environmental performance standards
366.300
Treatment of sections eliminated when highway relocated
366.305
Materials, supplies and equipment
366.310
Buildings and structures
366.315
Widths of rights of way
366.320
Acquisition of rights of way and right of access
366.321
Expense of relocating municipal facilities payable by department
366.323
Studies to aid in relocating persons displaced by highway acquisition
366.324
Financial assistance to persons displaced by highway acquisition
366.325
Rights of way through cemeteries
366.330
Acquisition of land adjoining right of way
366.332
Definitions for ORS 366.332 and 366.333
366.333
Acquisition of utility real property
366.335
Acquisition of railroad right of way
366.337
Exchange of certain parcels of land authorized
366.340
Acquisition of real property generally
366.360
Taking fee simple title
366.365
Going upon private property
366.366
Removal of trees
366.395
Disposition or leasing of property
366.400
Execution of contracts
366.425
Deposit of moneys for highway work
366.435
Auditing and allowing claims
366.445
Repair of damaged highways
366.450
Road signs
366.455
Removing unlawful signs and structures
366.460
Construction of sidewalks within highway right of way
366.462
Construction of fences on freeway overpasses
366.465
Gates and stock guards
366.470
Agreements with railroad companies for snow removal
366.480
Destruction of vouchers
366.483
Transfer of jurisdiction of certain highways
366.486
Construction of roadside rest area facilities for persons with disabilities
366.487
Use of roadside rest area rest rooms by persons with disabilities
366.490
Coffee and cookies at roadside rest areas
366.493
Rules regarding health and safety
366.505
Composition and use of highway fund
366.506
Highway cost allocation study
366.507
Modernization program
366.508
Legislative findings
366.510
Turning over highway funds to State Treasurer
366.512
Collection of certain registration fees for State Parks and Recreation Department Fund
366.514
Use of highway fund for footpaths and bicycle trails
366.516
Incurring obligations payable from anticipated revenues
366.517
Department may determine certain accounting procedures
366.518
Expenditures from highway fund to be reported, budgeted and limited to amounts budgeted
366.520
Expenses in legalizing state highways
366.522
Appropriations from highway fund for legislative interim committees
366.523
Transportation Project Account
366.550
“Historic Columbia River Highway” defined
366.551
Policy
366.552
Historic road program for Historic Columbia River Highway
366.553
Advisory committee
366.556
Acceptance of provisions of Acts of Congress
366.558
Contracting with and submitting programs to federal government
366.560
Pledge of state to match federal funds
366.562
Use of highway fund to match federal moneys
366.564
Borrowing to match federal moneys
366.566
Meeting requirements of federal aid statutes
366.568
Using highway funds to comply with federal aid statutes
366.570
Payments under cooperative agreement with federal government
366.572
State highway agreements with local governments
366.574
Intergovernmental road maintenance agreement
366.576
Road, highway or street agreements with local governments
366.578
Farm-to-market roads
366.739
Allocation of moneys to counties and cities generally
366.742
Repayment of specified bonds
366.744
Allocation of moneys from specified increases in title and registration fees and in truck taxes and fees
366.747
Allocation of moneys from specified increases in fees
366.749
Allocation of moneys resulting from increase in numbers of vehicle registrations, titles and trip permits due to specified actions by vehicle dealers and persons engaged in towing
366.752
Allocation of moneys from specified increases in fees
366.762
Appropriation from highway fund for counties
366.764
Basis of allocation of appropriation to counties
366.766
Remitting appropriation to counties
366.768
Advances from highway fund to county
366.772
Allocation of moneys to certain counties
366.774
Authorized use of allocation to counties
366.785
Definitions for ORS 366.785 to 366.820
366.790
Authorized use of appropriation to cities
366.800
Appropriation from highway fund for cities
366.805
Allocation of appropriation to cities
366.810
Payment of appropriation to cities
366.815
City to establish state tax street fund
366.820
Limit to application of ORS 366.785 to 366.815
366.903
Legislative findings
366.905
“Old Oregon Trail” designation
366.906
Oregon City designated end of Oregon Trail
366.907
Findings and declarations concerning Highway 101
366.910
End of Lewis and Clark Trail
366.916
Vietnam Veterans Memorial Highway
366.917
World War II Veterans Historic Highway
366.918
Police Chief Ralph Painter Memorial Highway
366.919
Officer Chris Kilcullen Memorial Highway
366.921
Wilbur C. Moore Bridge
366.922
Warm Springs Veterans Memorial Highway
366.923
William Tebeau Memorial Highway
366.924
Veterans memorial highways
366.925
Don Kendall Memorial Highway
366.930
Roadside memorial signs
366.931
Roadside memorial signs
366.932
Roadside Memorial Fund
366.934
Roadside memorial sign
366.936
Oregon Medal of Honor Highway
366.937
Memorial markers for recipients of Medal of Honor
366.940
Roadside memorial signs
366.991
Penalty for violation of rules adopted under ORS 366.493
Green check means up to date. Up to date