OAR 734-051-3030
Application Requirements for State Highway Private Approach

(1)

Purpose. This rule sets forth the requirements for an application for state highway approach.

(2)

Pre-Application Meetings.

(a)

The department or applicant may request a pre-application meeting for any approach permit application.

(b)

The purpose of a pre-application meeting is to review general application requirements and processing timelines, technical application requirements, and any issues specific to the proposal, including understanding the economic needs and objectives that are pertinent to the subject property.

(c)

Applicant requests for pre-application meetings shall be made on forms provided by the department and shall be accompanied by a preliminary site plan, description of existing and proposed land use(s), including estimated vehicle trips, and any additional information or questions the applicant chooses to provide.

(d)

The department encourages applicants to provide complete and accurate information regarding potential changes in land use and development with requests for pre-application meetings in order to avoid unnecessary delays in processing any future application.

(3)

Application. An application for a state highway approach permit must include the following information in subsections (a) through (j) below:

(a)

Application form for a state highway approach;

(b)

A site plan illustrating the existing and proposed location of all approaches, and any other buildings, facilities, and natural geographic features that impact vehicle circulation on the property, circulation to and from the highway, or sight distance;

(c)

Property owner’s signature or evidence of the property owner’s consent to apply for a permit where the applicant is not the owner of the subject property;

(d)

Information required by the department to evaluate sight distance concerns, including but not limited to measurements, diagrams, calculations, or other information that may require preparation by a professional engineer;

(e)

Information identified by the department that is required to demonstrate compliance with the approval criteria of OAR 734-051-3010 (Administration of Private Approaches — Permit for Private Approach) or 734-051-3020 (Change of Use of a Private Connection), as applicable;

(f)

Identification and request for approval of all deviations from spacing, channelization and sight distance standards, as applicable;

(g)

Information required by the department to evaluate a deviation pursuant to OAR 734-051-3050 (Deviations from Approach Spacing, Sight Distance, and Channelization Standards for a Private Approach);

(h)

A Traffic Impact Analysis (TIA) where the department determines that a TIA is required to evaluate the approach permit application pursuant to OAR 734-051- 3030(4);

(i)

A Land Use Compatibility Statement provided by the department, completed and signed by the local jurisdiction that certifies that all necessary local land use planning approvals have been obtained or are under review and demonstrates that the proposed use is consistent with the acknowledged comprehensive plan, and transportation system plan and local development code. In lieu of the Land Use Compatibility Statement, the department may accept the final land use decision;

(j)

Tax lot map(s) with names and addresses of persons who own the properties adjacent to the subject property.

(4)

When a Traffic Impact Analysis is Required.

(a)

A traffic impact analysis is required for a request for a deviation from the spacing, channelization or sight distance standards as set forth in OAR 734-051-4020 (Standards and Criteria for Approval of Private Approaches), unless waived by the department.

(b)

Except where the criteria in subsections (A) and (B) of this section, below, are met for the highway segment where an approach permit is sought, the department may require a person applying for an approach permit to submit a traffic impact analysis in conjunction with the application for an approach permit.

(A)

The average daily volume of trips at the property is determined to be four hundred (400) or fewer trips; or

(B)

The average daily volume of trips at the property is determined to be more than four hundred (400) but fewer than one thousand one (1001) trips and:
(i)
The highway is a two-lane highway with average annual daily trip volume of five thousand (5,000) or fewer motor vehicles;
(ii)
The highway is a three-lane highway with average annual daily trip volume of fifteen thousand (15,000) or fewer motor vehicles;
(iii)
The highway is a four-lane highway with average annual daily trip volume of ten thousand (10,000) or fewer motor vehicles; or
(iv)
The highway is a five-lane highway with average annual daily trip volume of twenty-five thousand (25,000) or fewer motor vehicles.

(5)

Traffic Impact Analysis Submittal Requirements. Traffic Impact Analyses (TIA), when required, shall be subject to the requirements of subsection (a) through (e). To the extent possible the department shall coordinate the analysis needs associated with the approach application with any local jurisdiction TIA requirements.

(a)

A Professional Engineer (PE) employed by the department shall determine the scope of the TIA, and shall determine the sufficiency of the TIA for the purpose of evaluating the application.

(b)

The TIA shall assess highway peak hour and average daily trips for the type of land use action proposed, for the year of the analysis, the year of each phase opening, and future years beyond project completion or buildout, but not greater than the year of the planning horizon for transportation system plans, or fifteen (15) years, whichever is greater.

(c)

A Professional Engineer (PE) must prepare the study in accordance with methods and input parameters approved by the department.

(d)

The scope and detail of the study must be sufficient to allow the department to evaluate the impact of the proposal and the need for roadway capacity, operational, and safety improvements resulting from the proposed approach.

(e)

The study must identify the data used and the application of data in the analysis.

(6)

Waiver of Application Requirements. The department may waive requirements for information and documentation required under this rule depending on the nature of the application and the sufficiency of other information available to the department for its evaluation of an application.

Source: Rule 734-051-3030 — Application Requirements for State Highway Private Approach, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=734-051-3030.

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 734-051-3030’s source at or​.us