OAR 734-051-1050
Procedure to Obtain a Permit to Construct or Modify a Public Approach

(1)

Purpose. This rule describes the procedures to obtain a Permit to Construct a new public approach or modify an existing public approach on state highway right of way. This rule does not supersede any existing agreements between the department and a local jurisdiction for maintenance or other responsibilities related to a public approach.

(2)

Applicability. This rule applies to construction and modification of a public approach as defined in OAR 734-051-1070 (Definitions).

(3)

Permit Requirements.

(a)

A right of access is required to obtain a Permit to Construct a public approach.

(b)

A Permit to Construct is required to construct or modify a public approach on state highway right of way.

(c)

A local jurisdiction is not required to obtain an Permit to Operate from the department for ongoing operation of a new or existing public approach. However, the department may issue a Permit to Operate upon agreement with the local jurisdiction that a Permit to Operate is a preferred means of documenting any terms and conditions related to the approach.

(4)

Agreements for Public Approaches

(a)

The city or county with jurisdiction of the public approach shall contact the department District Office regarding the proposed work within the state highway right-of-way.

(b)

The Department shall notify the local jurisdiction of all documents and approvals required to obtain a Permit to Construct.

(c)

The city or county with jurisdiction of the public approach may enter into an agreement with the department that addresses responsibilities, obligations and coordination that may include, but is not limited to the following:

(A)

Financing for the project;

(B)

Development of a traffic impact analysis, with a time horizon sufficient to ensure the approach has adequate operational life.

(C)

Preliminary project matters, including but not limited to field surveys, environmental studies, traffic investigations, acquisition of all necessary right-of-way, and identification and acquisition of required permits;

(D)

Determinations regarding the character or type of traffic control devices to be used, and who has the authority to place or erect them upon state highways, and maintain and operate them;

(E)

Development and approval of final plans including but not limited to paving, pavement marking, signing, sidewalks, curbs, lighting, storm drain facilities, landscaping and any other construction details;

(F)

Responsibility and manner of providing insurance and bonding;

(G)

Responsibility for preparation of the contract and bidding documents, advertising for construction bid proposals, award of contracts, payment of contractor costs, furnishing of construction engineering, field testing of materials, technical inspection and project manager services for administration of the contract;

(H)

Ownership, maintenance and responsibility for improvements and constructed elements associated with the public approach; and,

(I)

Exchange and transmittal of final construction drawings.

(d)

The department shall issue a Permit to Construct upon receipt and approval of all required submissions from the local jurisdiction.

(5)

Appeals. A local jurisdiction may appeal a department decision to deny a Permit to Construct or the terms and conditions of a Permit to Construct through a contested case hearing as set forth in OAR 137-003-0501 (Rules for Office of Administrative Hearings) through 137-003-0700 (Stay Proceeding and Order).

Source: Rule 734-051-1050 — Procedure to Obtain a Permit to Construct or Modify a Public Approach, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=734-051-1050.

734‑051‑1010
Authority for Rules — General Provisions 734‑051‑1020
Purpose and Intent of Rules 734‑051‑1030
Administration of Rules 734‑051‑1040
Relationship to Local Jurisdiction Rules and Regulations 734‑051‑1050
Procedure to Obtain a Permit to Construct or Modify a Public Approach 734‑051‑1060
Delegation of Permit Authority to Local Jurisdiction 734‑051‑1065
Restriction of Turning Movements for Existing Private Approaches 734‑051‑1070
Definitions 734‑051‑2010
Rights of Access — General Provisions 734‑051‑2020
Grants of Access 734‑051‑2030
Indentures of Access 734‑051‑3010
Administration of Private Approaches — Permit for Private Approach 734‑051‑3015
Presumption of Written Permission for an Existing Private Connection 734‑051‑3020
Change of Use of a Private Connection 734‑051‑3030
Application Requirements for State Highway Private Approach 734‑051‑3040
Private Approach Permit Application Review, Approvals and Timelines 734‑051‑3050
Deviations from Approach Spacing, Sight Distance, and Channelization Standards for a Private Approach 734‑051‑3060
Pre-Decision Collaborative Discussion for Highway Approach Permit Applications 734‑051‑3070
Mitigation Measures 734‑051‑3080
Post-Decision Review Processes 734‑051‑3090
Post-Decision Collaborative Discussion 734‑051‑3100
Access Management Dispute Review Board 734‑051‑3110
Contested Case Hearing Process 734‑051‑4010
Access Management Standards for Approaches — General Provisions 734‑051‑4020
Standards and Criteria for Approval of Private Approaches 734‑051‑4030
Benefit to the State Highway System 734‑051‑4040
Temporary Approaches 734‑051‑4050
Special Use Approaches 734‑051‑5010
Approach Design and Construction — Design of Approaches 734‑051‑5020
Issuance of Construction Permits 734‑051‑5030
Construction of Approaches 734‑051‑5040
Effective Period of Construction Permits 734‑051‑5050
Responsibility for Costs of Construction of Approaches 734‑051‑5060
Liability, Insurance and Bonding Requirements 734‑051‑5070
Review Procedure for Modifying a Construction Permit 734‑051‑5080
Issuance of a Permit to Operate, Maintain and Use an Approach 734‑051‑5090
Maintenance of Approaches 734‑051‑5100
Effective Period of Permit to Operate, Maintain and Use an Approach 734‑051‑5110
Revocation of Permits and Removal of Approaches 734‑051‑5120
Access Management in Project Delivery 734‑051‑6010
Remedies in Closure of Approaches — Authority and Purpose of OAR 734-051-6010 through 734-051-6060 734‑051‑6020
Definitions 734‑051‑6030
Offer of Remedies 734‑051‑6040
Procedure for Resolving Claims 734‑051‑6050
Appraisals 734‑051‑6060
Conditions of Agreement 734‑051‑6070
Delegation 734‑051‑7010
Access Management in Highway Facility Plans
Last Updated

Jun. 8, 2021

Rule 734-051-1050’s source at or​.us