OAR 734-051-4030
Benefit to the State Highway System

(1)

General Requirements. A benefit to the state highway system is a determination requiring the professional judgment of a professional engineer employed by the department and:

(a)

Will be found only where the department determines that an approach will provide an immediate and long-term benefit to the state highway system;

(b)

Is evaluated for a period of not less than twenty (20) years from the date of application; and

(c)

For an application for a grant of access, the benefit to the highway must be greater than the benefit associated with the mitigation needed to offset the traffic operations and safety impacts of the proposed approach.

(2)

Criteria for Determination of Benefit to the State Highway System. The determination of the existence of a benefit to the state highway system must meet the following criteria in subsections (a) and (b) below:

(a)

The department determines that the proposal results in improved access management of the highway by controlling, combining, or eliminating existing or planned approaches; and improving:

(A)

Approach spacing standards;

(B)

Public approach spacing; or

(C)

Intersection sight distance; and

(b)

The department determines that one or more of the conditions identified in paragraphs (A) through (F) below will occur without degradation of any of the conditions in paragraphs (A) through (E), as follows:

(A)

Highway mobility standards improve;

(B)

Safety improves;

(C)

Specific safety concerns in the general vicinity are eliminated because of closure of an existing approach;

(D)

Operations in the general vicinity improve as a result of connectivity, traffic diversions, or other traffic engineering techniques;

(E)

The applicant demonstrates that off-system connectivity improves and reduces demand to the state highway system without creating operational or safety concerns elsewhere, and:
(i)
Off-system connectivity must occur immediately; or
(ii)
Off-system connectivity must be committed for construction as evidenced by the local government’s adopted capital improvement plan; and

(F)

The department determines that other circumstances result in a benefit to the state highway system.

(3)

Private Approach on an Urban Area Expressway. For an application for a private approach to an expressway in an urban area, the department may determine that a benefit to the state highway system exists if the requirements of subsection (a), (b) or (c) of this section are met:

(a)

Where a change of use occurs, approaches to the expressway are combined or eliminated resulting in a net reduction in the number of approaches to the expressway, and the applicant demonstrates an improvement to:

(A)

Private approach spacing;

(B)

Public approach spacing; or

(C)

Intersection sight distance standards.

(b)

The department determines that an improvement in safety occurs on the section of the expressway where an approach is requested and the provisions of paragraphs (A) and (B) of this subsection are met:

(A)

Only one approach to the expressway is requested, and:
(i)
Where a new approach is requested, no approach to the site currently exists; or
(ii)
Where a change of use occurs, only one private approach to the site currently exists; and

(B)

An improvement in safety occurs on the expressway primarily and on other state highways secondarily and includes:
(i)
A decrease in the total number of existing conflict points;
(ii)
Elimination of existing left turns;
(iii)
Elimination of an existing overlap of left turn movements;
(iv)
The addition of a left turn lane where existing conditions meet the department’s installation criteria; and/or
(v)
Provision of adequate sight distance at the alternate approach or the subject approach where existing sight distance is deficient.

(c)

The region access management engineer determines that the approach results in a benefit to the state highway system due to other circumstances.

(4)

Procedure. The department determines whether a benefit to the highway system occurs, as follows:

(a)

The region access management engineer will make a determination on those applications for an approach to an urban expressway; and

(b)

The department’s technical services manager will make a determination on those applications for a grant of access.

Source: Rule 734-051-4030 — Benefit to the State Highway System, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=734-051-4030.

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 734-051-4030’s source at or​.us