AM21-01(B): Determination of Approach Modification in a Highway Improvement Project

Type: Bulletin

Topic or Program: Access Management  |  OAR 734-051-5120

Final Number: AM21-01(B)

Effective Date: 05/17/2021

Updated Date: 05/17/2021

Signature on File: Angela Kargel, Access Management Program Manager

This Technical Services Bulletin provides guidance to ODOT staff applying OAR 734-051-5120, Access Management in Project Delivery, specifically when reconstruction of a highway approach meets a threshold deemed to be a modification. This guidance will help achieve greater statewide consistency in evaluating project impacts and clarify when owners of real property and affected stakeholders shall be offered the collaboration opportunities of an Access Management Strategy. For purposes of this rule, a highway improvement project is a project in the Statewide Transportation Improvement Program that proposes to modify, relocate, or remove existing public or private connections to the state highway within project limits.

OAR 734-051-5120 establishes an Access Management Strategy process with multiple opportunities for affected stakeholder collaboration when highway approaches are proposed to be modified, relocated, or removed during a highway improvement project. An approach modification is a physical change to an existing approach that meets one or more of the criteria listed in this guidance. This bulletin provides clear physical thresholds for changes that shall always be considered a modification, lists actions that shall not be considered modifications and provides guidance to address ambiguous situations that may be a modification.

The following actions shall be deemed a modification:

1. Moving the constructed centerline of a permitted approach more than 5 feet laterally.
2. Narrowing the width of the approach road by twenty (20) percent or more as described in the permit.

The following actions do not constitute a modification:

1. Defining an approach within open frontage. Per OAR 734-051-3015(6), ODOT is required to collaborate with property owners when defining approaches within open frontage. The department shall consider the land use served by the connection on January 1, 2014, provide for the safe movement of vehicles reasonably expected to utilize the approach and the current standards of the Oregon Highway Design Manual.
2. Reconstructing an approach to bring it into compliance with the written permit or to bring into compliance with the scope and terms of a deed granting a right of access.
3. Removal of the remnants of an approach in the right-of-way when there is no longer a connection due to the physical construction of a structure at or near the property line, such as a building, retaining wall or permanent fence.
4. Restriction of turning movements for existing private approaches.

(Note: Existing approaches with no access rights to the highway shall not be addressed with the Access Management Strategy process; the appropriate ODOT District office shall be notified and a removal notice shall be issued.)

The following actions may constitute a modification:

1. Changing the geometric design type of an approach. The three basic design types include radius, curbed radius and dustpan. Geometric design types often must be changed in urbanization projects which are constructing new curb and sidewalk.
2. Vertical grade adjustments that require physical improvements outside of the existing state right of way.
3. Constructing or reconstructing curb.
   

Changes to geometric design type, vertical grade changes and construction of curbing require appropriate selection of design vehicle, knowledge of approach operation and attention to unique aspects of the property including site circulation, parking and building location. It may be necessary to communicate with property owners to determine the operational characteristics of an approach. Ideally, the property owner communication will be achieved through first establishing an Access Management Methodology and then with open discussion with property owners. After discussing the operational characteristics of the approach and the necessary changes, the department shall determine whether the proposed changes meet the definition of a modification. Specifically, the department will determine if the project will construct improvements which reduce the available design vehicle path to a point where the path must now encroach upon on other lanes. Chapter 8.3.8 of the Oregon Highway Design Manual has more information on turning radii and the difference between designing for and accommodating the design vehicle. There are times when it is acceptable for the design vehicle to encroach upon other lanes. There are also times when it may be appropriate to widen the throat of an existing approach to achieve the appropriate design accommodation.

If a property owner is non-responsive to the department’s outreach the department will make a determination if the changes meet the definition of a modification.

If any approaches within a project are closed or have changes deemed to be a modification the department shall complete an Access Management Strategy. After the work is completed new approach use permits will be issued for all modified approaches.

OAR

Oregon Administrative Rules.

ORS

Oregon Revised Statues.

Access Management Strategy

A project delivery document developed by the Department of Transportation, in collaboration with cities, counties and owners of real property abutting a state highway in the affected area, that identifies the location and type of public and private approaches and other necessary improvements that are planned to occur primarily in the highway right of way and that are intended to improve current conditions on the section of highway by moving in the direction of the standards described in ORS 374.311, subject to safety and highway operations concerns.

Approach

A legally constructed public or private connection that provides vehicular access to or from a state highway that:

• Has written permission under a Permit to Operate issued by the department under OAR 734-051-3010; or
• The department has recognized as grandfathered under OAR 734-051-1070(30); or
• The department does not rebut as having a presumption of written permission under OAR 734-051-3015.

Connection

An existing means of vehicular access to or from a state highway and an abutting private property, city street or county road. (OAR 734-051-1070(14))

Implement this Bulletin upon the effective date.

If problems are developed in implementing this guidance or further clarification is needed, contact the Access Management Program Manager.