|Oregon Administrative Rules |
Issuance of Construction Permits
(1) General Requirements. The region manager shall issue a construction permit when construction plans, if required, and all other required documents are received and approved.
(2) Procedure. Prior to issuing a construction permit the department will issue to the applicant construction specifications including all provisions, mitigation measures, conditions, and agreements that will become part of the construction permit. To receive a construction permit, the applicant must complete the following, pursuant to subsections (a) through (d) below, within sixty (60) days of the date of the department’s transmittal of the construction specifications:
(a) Review and sign the construction specifications to confirm that the applicant understands and agrees to the specifications including all provisions, mitigation measures, conditions, and agreements that will become part of the construction permit; and
(b) When the department determines that standard plans are not appropriate, an applicant must submit construction plans sealed by an engineer licensed in the state of Oregon within 60 days of notice of approval of an application to obtain a construction permit. The region manager determines the acceptability of submitted construction plans. If plans are not submitted within 60 days and no request for extension is received within that time, the approval of the application will be void; and
(c) Return the signed construction specifications to the department; and
(d) Submit proof of liability insurance and bond or deposit in lieu of bond as required by OAR 734-051-5060.
(3) Non-Compliance. If the applicant does not complete the actions required in section (2) of this rule within the 60-day timeframe, then the department will not issue a construction permit and all approvals associated with approach application will be revoked. The 60-day time frame may be extended if the permittee and the department agree in writing before the deadline pursuant to OAR 734-051-5040.
Construction of Approaches
(2) Construction. Construction must conform to the terms of the construction permit including any special provisions, mitigation measures, conditions, or agreements, and the applicant must notify the region manager when construction is complete.
Effective Period of Permit to Operate, Maintain and Use an Approach
(1) General Provisions. A permit to operate, maintain and use (“permit to operate”) an approach runs with the land. Except as otherwise provided, a permit to operate is effective until:
(a) Revoked by mutual consent;
(b) Revoked for failure to abide by the terms and conditions;
(c) The approach is subject to a change of use as set forth in OAR 734-051-3020;
(d) The development of safety or operational concerns as set forth in OAR 734-051-4020(3);
(e) The approach is modified, mitigated, or removed in accordance with OAR 734-051-5120 Project Delivery; or
(f) By other operation of law.
(2) Successors and Assignees. The permit to operate is binding on successors and assignees including successors in interest to the property being served by the approach.
Link to the rules regarding highway approaches: