OAR 734-051-3010
Administration of Private Approaches — Permit for Private Approach

(1)

Applicability. This rule applies to applications for state highway approach permits for private approaches.

(2)

Restricted Areas. The department shall not issue an approach permit to a freeway, a freeway ramp, or an expressway ramp, or an approach that would be aligned opposite a freeway or expressway ramp terminal.

(3)

Rules in Effect. An application for an approach permit shall be subject to the rules in effect on the date the application was filed. The department shall use OAR 734, division 51, and ORS 374, and may use other applicable statutes or administrative rules to evaluate and act on an application.

(4)

Approach Permit Approval Criteria. The department shall approve an application for an approach based upon a determination that it meets all of the following criteria:

(a)

The department determines that a complete application has been submitted pursuant to OAR 734-051-3030 (Application Requirements for State Highway Private Approach);

(b)

The department determines that the application is consistent with any applicable facility plans adopted by the Oregon Transportation Commission, including special transportation area plans, facility plans, corridor plans;

(c)

Except where paragraphs (A) through (D) of this subsection apply, the department determines that the proposed approach meets the spacing, channelization and sight distance standards of OAR 734-051-4020 (Standards and Criteria for Approval of Private Approaches), or the department approves a deviation from these standards under OAR 734-051-3050 (Deviations from Approach Spacing, Sight Distance, and Channelization Standards for a Private Approach) which may include mitigation measures pursuant to OAR 734-051-3070 (Mitigation Measures);

(A)

OAR 734-051-3020 (Change of Use of a Private Connection) applies to applications for change of use of a private approach.

(B)

OAR 734-051-4020 (Standards and Criteria for Approval of Private Approaches)(5) applies to applications for properties with no alternate access.

(C)

OAR 734-051-4040 (Temporary Approaches) applies to applications for temporary approaches.

(D)

OAR 734-051-4050 (Special Use Approaches) applies to applications for special use approaches.

(d)

The department determines that the approach does not create or contribute to a safety or highway operations concern, as identified in OAR 734-051-4020 (Standards and Criteria for Approval of Private Approaches)(3), or such concerns are sufficiently mitigated pursuant to OAR 734-051-3070 (Mitigation Measures).

(5)

Cooperative Improvement Agreement. A written agreement between the applicant and the department may be required. The agreement will address transfer of ownership of the improvements to ODOT, work standards that must be followed, any maintenance responsibilities of the applicant, and other requirements that apply to the work. ODOT may withhold issuance of a Permit to Construct under 734-051-5020 (Issuance of Construction Permits) or a Permit to Operate, Maintain, and Use an Approach under 734-051-5080 (Issuance of a Permit to Operate, Maintain and Use an Approach) until the agreement is fully executed by all parties. ODOT will work with the applicant to identify the need and develop the provisions for the agreement early in the permitting process in order to avoid delays in obtaining permits.

Source: Rule 734-051-3010 — Administration of Private Approaches — Permit for Private Approach, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=734-051-3010.

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 734-051-3010’s source at or​.us