Text Size:   A+ A- A   •   Text Only
Find     
Site Image

Highway Approach Provisions
Most standard provisions that are referenced on approach permits are based on “The 2008 edition of the Oregon Standard Specifications for Construction”.
2008 Oregon Standard Specifications for Construction
Permit Provisions
The Department may include terms and conditions on highway approach permits as described in ORS 374.310.  Terms and conditions often include specifications for construction from the Oregon Standard Specifications for Construction (OSSC) for the construction and maintenance of the approach. 

Specifications from the 2008 OSSC that are routinely included on highway approach permits can be viewed at the following website:
Selected_Blue_Book_Provisions_Aug_14_08.pdf
 
The entire two-volumes of the Oregon Standard Specifications for Construction can be viewed at the following website: 
2008_OSSC_Web_Page
Note:  You will need to use the scroll bar on the right to select links to OSSC’s various parts.

Oregon Revised Statues
ORS 374.310 Rules and regulations; permits
      (1) The Department of Transportation shall adopt rules consistent with this section and ORS 374.312 to govern the process of application for issuance of permits for approach roads to state highways by owners of property abutting highways. However, the department may not issue a permit for the construction of any approach road at a location where no rights of access exist between the highway and abutting real property.
      (2) The rules and permits shall include provisions, terms and conditions that in the judgment of the department are in the best interest of the public for the protection of the highway and the traveling public and may include, but need not be limited to:
      (a) Provisions for construction of culverts under approaches, requirements as to depth of fills over culverts and requirements for drainage facilities, curbs, islands and other facilities for traffic channelization as may be deemed necessary.
      (b) With respect to private road crossings, additional provisions for the angle of intersection, crossing at grade or other than grade, sight distances, safety measures including flaggers, crossing signs and signals, reinforcement for protection of the highway, maintenance of the crossing and for payment by the applicant of any of the costs of complying with the provisions.
      (c) With respect to private road crossings, the department may also require the applicant to furnish:
      (A) Public liability and property damage insurance in a sum fixed by the department that indemnifies the officers, employees and agents of the department from any claim that might arise on account of the granting of the permit and the crossing of the highway by vehicles operating under the permit; and
      (B) Indemnity insurance, an indemnity bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in a sum fixed by the department that indemnifies the department for any damage to the highways that may be caused by the use of the crossing.
      (3) The powers granted by this section and ORS 374.315 may not be exercised so as to deny any property abutting the highway reasonable access. In determining what is reasonable, the department shall apply the following criteria:
      (a) The access must be sufficient to allow the authorized uses for the property identified in the acknowledged local comprehensive plan.
      (b) The type, number, size and location of approaches must be adequate to serve the volume and type of traffic reasonably anticipated to enter and exit the property, based on the planned uses for the property.
      (4) The department’s determination that the access is sufficient to allow the authorized uses for the property identified in the acknowledged local comprehensive plan under subsection (3)(a) of this section, or that the type, number, size and location of approaches is adequate to serve the volume and type of traffic reasonably anticipated to enter and exit the property, based on the planned uses for the property, under subsection (3)(b) of this section, shall be based on the economic development needs of the property abutting the highway for its authorized and planned uses, subject only to consideration of safety and highway operations. The department shall have the burden of establishing safety and highway operations concerns.
      (5) An approach permit is not required for a public approach.
      (6) The department may not charge any fee for issuance of a permit under this section for construction of an approach road. [Amended by 1955 c.424 §2; 1957 c.323 §2; 1967 c.497 §2; 1991 c.331 §59; 1997 c.249 §119; 1997 c.631 §467; 1999 c.974 §3; 2003 c.371 §1; 2005 c.837 §15; 2010 c.31 §1; 2011 c.330 §§4,5]

     
Link to Oregon Revised Statue 374.310: 
http://www.leg.state.or.us/ors/374.html

Rules
Oregon Administrative Rules
734-051-5020
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.
 
734-051-5030
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. 
 
734-051-5100
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: