ORS 374.305
Necessity of permission to build on rights of way


(1)

A person 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. [Amended by 1955 c.424 §1; 1957 c.323 §1; 1967 c.497 §1; 2011 c.330 §3]

Source: Section 374.305 — Necessity of permission to build on rights of way, https://www.­oregonlegislature.­gov/bills_laws/ors/ors374.­html.

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)

Attorney General Opinions

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

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