OAR 731-012-0100
Director Determination of Reduction of Vehicle-Carrying Capacity
(1)
If a Proposed Action has a potential for a Reduction of Vehicle-Carrying Capacity that cannot be resolved through the Stakeholder Forum, including affected local agencies, and is not needed for Access Considerations (731-012-0080 (Proposed Actions for Access)) then the Director will determine if the Proposed Action would be a Reduction of Vehicle-Carrying Capacity.(2)
The Director will review the Department staff record for a Proposed Action (including potential Safety Considerations) and make a determination on whether or not the Proposed Action is a Reduction of Vehicle-Carrying Capacity.(3)
In making such determinations the Director may consider such information as:(a)
The existing and proposed highway design and plans;(b)
Previously approved Reduction of Vehicle-Carrying Capacity documented for the highway segment of the Proposed Action;(c)
Existing limited Vehicle-Carrying Capacity at other locations within the highway system that limit the ability of a vehicle to get to the highway segment of the Proposed Action;(d)
Stakeholder Forum meeting comments from stakeholders, affected local agencies and the public;(e)
Function of roadway for all transportation modes including freight, vehicle, transit, pedestrian, and bicycle;(f)
Reasonable alternate routes on the state highway system; and(g)
Consultation with Department staff, such as the Mobility Policy Committee, Traffic Engineer and Chief Engineer.(4)
The Director may determine that a Proposed Action will or will not be a Reduction of Vehicle-Carrying Capacity, or may direct Department staff to revise the Proposed Action and hold another Stakeholder Forum meeting pursuant to 731-012-0060 (Stakeholder Forum). Department staff will provide notification of the Director’s determination to the affected local agencies, stakeholder forum and in the case of a development review, the affected applicant. If the Director determines that the Proposed Action will result in a Reduction of Capacity, the Department will inform the affected local agency(ies) about their right to request an exemption of ORS 366.215 (Creation of state highways) under 731-012-0120 (Local Agency Exemption from Restrictions Prohibiting Reduction of Vehicle-Carrying Capacity).(5)
If the Director determines the Proposed Action will not result in a Reduction of Vehicle-Carrying Capacity then the Department may continue with the Proposed Action using Department processes including other appropriate reviews not covered by this division.
Source:
Rule 731-012-0100 — Director Determination of Reduction of Vehicle-Carrying Capacity, https://secure.sos.state.or.us/oard/view.action?ruleNumber=731-012-0100.