Details
Type: Bulletin
Topic or Program: Acess Management | Approach Permits
Final Number: AM13-01(B)
Effective Date: 05/01/2013
Updated Date: 01/31/2022
Signature on File: Angela Kargel, Access Management Program Manager
Purpose
The purpose of this Technical Services Bulletin is to summarize the required timelines for approach road permitting, pursuant to OAR 734-051.
Guidance
This bulletin is for use by the department’s Access Management staff and may be shared with members of the general public to provide instruction or additional information.
Definitions
- OAR 734-051
- Oregon Administrative Rule Chapter 734 Division 51.
Background/Reference
Senate Bill (SB) 264, which became law in January 2012, amended ORS 374 and established specific timelines for the approach road permitting process. Section 13 of SB 264 changed some of the “old” timelines in the previous administrative rules (OAR 734-051-0070, Application Procedure and Timelines). “New” timelines to comply with SB 264 are included in OAR 734-051-3040,
Private Approach Permit Application Review, Approvals and Timelines.
SB 264 also introduced a new requirement for the department to provide the opportunity for “pre-decision collaborative discussion” before the department issues a decision to deny or approve with mitigation an approach road application. SB 264 also modified the department’s administrative rules for the three types of post-decision review processes, comprised of “post-decision collaborative discussion,” “Access Management Dispute Review Board,” and “contested case hearing process.”
This bulletin highlights the differences and commonalities between the timelines in the previous and current administrative rules.
Explanation
The timeline for notice of completion determination is contained in OAR 734-051-3040(2).
The 120-day timeline for final decisions is described in OAR 734-051-3040(4).
The procedures for extending timelines are described in OAR 734-051-3040(7).
The timeline for expiring applications is described in OAR 734-051-3040(12).
The timeline for pre-decision collaborative discussion is described in OAR 734-051-3060(4).
The timeline for post-decision collaborative discussion is described in OAR 734-051-3090(1) and (2).
The timeline for the Access Management Dispute Review Board is described in OAR 734-051-3100(1) and (3).
The timeline for the contested case hearing process is described in OAR 734-051-3110(2).
See
Attachment A for more information on these timelines and how they compare to previous administrative rules.
Responsibilities
Department staff members in the following positions are responsible for carrying out the guidance in this bulletin as it relates to their assigned duties and authority:
- Region Managers.
- District Managers.
- Region Access Management Engineers.
- Development Review Coordinators.
- Access Management Coordinators.
- Permit Specialists.
- Other staff as assigned by management authority.
Action Required
Implement this bulletin upon the effective date.
Special Instructions
If problems or concerns develop in implementing this bulletin or if further clarification is needed, contact the Access Management Program Manager.
Attachments