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Highway Approach Provisions
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Article Content
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2008 Oregon Standard Specifications for Construction
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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.
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| Oregon Revised Statues |
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ORS 374.310 Rules and regulations; permits.
(1) The Department of Transportation with respect to state highways and the county court or board of county commissioners with respect to county roads shall adopt reasonable rules and regulations and may issue permits, not inconsistent with law, for the use of the rights of way of such highways and roads for the purposes described in ORS 374.305. 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) Such rules and regulations and such permits shall include such provisions, terms and conditions as in the judgment of the granting authority may be in the best interest of the public for the protection of the highway or road 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 the costs of any of the foregoing.
(c) With respect to private road crossings, the granting authority may also require the applicant to furnish public liability and property damage insurance in a sum fixed by the granting authority, which insurance shall also indemnify the members, officers, employees and agents of such authority from any claim that might arise on account of the granting of the permit and the crossing of the highway or road by vehicles operating under the permit; and the granting authority may also require the applicant to furnish 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 granting authority, indemnifying such authority for any damage to the highways or roads 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 adjoining the road or highway reasonable access. In determining what is reasonable, the department or county court or board of county commissioners 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 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]
Link to Oregon Revised Statue 374.310:
http://www.leg.state.or.us/ors/374.html
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| Rules |
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Oregon Administrative Rules
734-051-0175
Issuance of Construction Permits
(1) The Region Manager shall issue a Construction Permit when construction plans, if required, and all other required documents are received and approved.
(2) Receipt of the Construction Permit by the applicant constitutes acceptance of the special provisions, mitigation measures, conditions, or agreements, consistent with and identified and approved through the application process, unless the applicant provides written notification to the Department that the special provisions, mitigation measures, conditions, or agreements are not accepted within 21 days of the date of mailing Construction Permit.
(3) If the applicant does not accept the special provisions, mitigation measures, conditions, or agreements the Construction Permit will be void.
734-051-0185
Construction of Approaches
(2) 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- 0265
Effective Period of Permit to Operate, Maintain and Use an Approach
(5) Acceptance of a Permit to Operate is acceptance of all special provisions, mitigation measures, conditions, or agreements, identified and approved through the application process and acknowledgment that all rights and privileges may be changed or relinquished by legislative action.
Link to the rules regarding highway approaches:
http://arcweb.sos.state.or.us/rules/OARS_700/OAR_734/734_051.html
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