OAR 734-051-5110
Revocation of Permits and Removal of Approaches
(1)
Revocation of a Permit to Operate. The department may revoke a permit to operate and may remove an approach:(a)
If there are current or potential safety or operational conditions identified that are verified by an engineering analysis;(b)
If a permittee fails to comply with any terms or conditions of a permit to operate; or(c)
During project delivery for a highway improvement project as set forth in OAR 734-051-5120 (Access Management in Project Delivery).(2)
Notification of Intent to Remove an Approach. The department shall provide written notification of the intent to remove an approach under section (1) of this rule as required by ORS 374.305 (Necessity of permission to build on rights of way), 374.307 (Removal or repair of installation constructed without permission), and 374.320 (Removal or repair of installation on right of way at expense of applicant).(3)
Mitigation. The region manager may determine that an approach identified for removal as described in section (1) of this rule may remain open if permittee agrees to comply with mitigation measures and to bear the cost of the mitigation measures.(4)
Cost of Removing an Approach. An applicant, permittee, or property owner is responsible for the expense of removing an approach except as set forth in OAR 734-051-5050 (Responsibility for Costs of Construction of Approaches) and 734-051-5120 (Access Management in Project Delivery).(5)
Appeals. Removal of a permitted or grandfathered approach is an appealable decision.
Source:
Rule 734-051-5110 — Revocation of Permits and Removal of Approaches, https://secure.sos.state.or.us/oard/view.action?ruleNumber=734-051-5110
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