State Highways and State Highway Fund

ORS 366.514
Use of highway fund for footpaths and bicycle trails


Out of the funds received by the Department of Transportation or by any county or city from the State Highway Fund reasonable amounts shall be expended as necessary to provide footpaths and bicycle trails, including curb cuts or ramps as part of the project. Footpaths and bicycle trails, including curb cuts or ramps as part of the project, shall be provided wherever a highway, road or street is being constructed, reconstructed or relocated. Funds received from the State Highway Fund may also be expended to maintain footpaths and trails and to provide footpaths and trails along other highways, roads and streets.


Footpaths and trails are not required to be established under subsection (1) of this section:


Where the establishment of such paths and trails would be contrary to public safety;


If the cost of establishing such paths and trails would be excessively disproportionate to the need or probable use; or


Where sparsity of population, other available ways or other factors indicate an absence of any need for such paths and trails.


The amount expended by the department or by a city or county as required or permitted by this section shall never in any one fiscal year be less than one percent of the total amount of the funds received from the highway fund. However:


This subsection does not apply to a city in any year in which the one percent equals $250 or less, or to a county in any year in which the one percent equals $1,500 or less.


A city or county in lieu of expending the funds each year may credit the funds to a financial reserve fund in accordance with ORS 294.346 (Reserve fund established without vote), to be held for not more than 10 years, and to be expended for the purposes required or permitted by this section.


For purposes of computing amounts expended during a fiscal year under this subsection, the department, a city or county may record the money as expended:


On the date actual construction of the facility is commenced if the facility is constructed by the city, county or department itself; or


On the date a contract for the construction of the facilities is entered with a private contractor or with any other governmental body.


For the purposes of this chapter, the establishment of paths, trails and curb cuts or ramps and the expenditure of funds as authorized by this section are for highway, road and street purposes. The department shall, when requested, provide technical assistance and advice to cities and counties in carrying out the purpose of this section. The department shall recommend construction standards for footpaths and bicycle trails. Curb cuts or ramps shall comply with the requirements of ORS 447.310 (Standards for curbing) and rules adopted under ORS 447.231 (Rules to eliminate architectural barriers). The department shall, in the manner prescribed for marking highways under ORS 810.200 (Uniform standards for traffic control devices), provide a uniform system of signing footpaths and bicycle trails which shall apply to paths and trails under the jurisdiction of the department and cities and counties. The department and cities and counties may restrict the use of footpaths and bicycle trails under their respective jurisdictions to pedestrians and nonmotorized vehicles, except that motorized wheelchairs shall be allowed to use footpaths and bicycle trails.


As used in this section, “bicycle trail” means a publicly owned and maintained lane or way designated and signed for use as a bicycle route. [1971 c.376 §2; 1979 c.825 §1; 1983 c.19 §1; 1983 c.338 §919; 1991 c.417 §7; 1993 c.503 §12; 1997 c.308 §36; 2001 c.389 §1]

Notes of Decisions

Expenditure of one percent minimum amount on footpath and bicycle trail activities in general does not satisfy requirement that specific expenditures be made where roadways are constructed or reconstructed. Bicycle Transportation Alliance v. City of Portland, 133 Or App 422, 891 P2d 692 (1995), Sup Ct review denied

Atty. Gen. Opinions

Using one-half of division appropriation in budgeting for footpaths and bicycle trails, (1972) Vol 36, p 1; method of determining amount of money to be spent by Highway Division on footpaths and bicycle trails, (1974) Vol 37, p 235; consideration of miscellaneous revenue sources in computing 1% monies from Highway Fund, (1977) Vol 38, p 1493; bicycle parking facilities, educational programs, trail maps, route signs and Advisory Commission compensation expenses as charges against bicycle and footpath fund, (1978) Vol 39, p 400; use of money set aside for footpaths and bicycle trails for construction of bicycle-pedestrian bridge over river, (1981) Vol 41, p 545

Chapter 366

Atty. Gen. Opinions

Use and distribution of State Highway Fund, (1975) Vol 37, p 599


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Jun. 26, 2021