AM17-01(B): Existing Approach Upgrade

Type: Bulletin

Topic or Program: Access Management  |  Approach Permitting

Final Number: AM17-01(B)

Effective Date: 07/26/2017

Updated Date: 03/29/2022

Signature on File: Angela Kargel, Access Management Program Manager

This Technical Services Bulletin provides guidance to ODOT Access Management staff in the application of the Existing Approach Upgrade Permit procedure. This bulletin will assist with 1) defining the scope of Standard Provision 374.315 Maintenance after Construction, 2) when ODOT requires a property owner to apply for an Existing Approach Upgrade, and 3) when the proposed improvements could result in the need for an application for new approach or trigger a Change of Use.

This bulletin distinguishes between normal maintenance conducted under the standard provisions (or as a requirement of owning an approach presumed to have written permission) and elevated maintenance and construction activities which require Department review and approval in the form of an Existing Approach Upgrade.

Maintenance

Any and all work necessary to meet stipulated provisions in a permit and minimum safety/operations requirements (e.g., clear sight distance). Oregon Revised Statute 374.317 extends the maintenance requirement of permitted approaches to those approaches presumed to have written permission.

Upgrade

Any maintenance and/or construction activity identified by the Department as having a potential impact on highway safety/operations or would reasonably place the property owner, or their designee, in a position of significant personal risk in order to complete the intended work.

Existing Approach Upgrade

A secondary construction permit issued to property owners who need to undertake a maintenance or construction activity exceeding “normal maintenance” (defined below), but does not trigger a change of use or would otherwise require a new application/permit.

Normal maintenance

Activities that are usually limited in both duration and scope and/or occur infrequently. These activities would not generally impact highway safety/operations, nor reasonably place the property owner, or their designee, in a position of significant personal risk in order to complete the intended work.

ORS 374.315 reads in its entirety:

Construction under permits; maintenance after construction.

All construction under the permits issued under ORS 374.309 and 374.310 shall be under the supervision of the granting authority and at the expense of the applicant. After completion of the construction of the particular approach road, facility, thing or appurtenance, they shall be maintained at the expense of the applicant and in accordance with the rules and regulations adopted pursuant to ORS 374.309 and 374.310.

ORS 374.317 reads in its entirety:

Approach road maintenance.

An owner of real property abutting a state highway with an existing approach road that is presumed to have written permission under ORS 374.308 or that has an approach permit under ORS 374.310 is responsible for the cost and performance of maintaining the approach road, in accordance with the Department of Transportation’s requirements, from the outermost edge of the highway pavement, shoulder or curb line to the right-of-way line, and shall maintain all portions of the approach road on the owner’s property.

The intent of the Existing Approach Upgrade (EAU) is to have a process for addressing work on an existing approach above normal maintenance when a new full road approach application is not required.

The EAU process is customer service oriented and offers equal consideration to both the safe and efficient operation of the highway and the safety of property owners in carrying out optional maintenance duties and minor changes to the existing approach.

Normal Maintenance

The issued permit (or presumption of written permission) assigns the maintenance burden to the owner through OAR 734-051-5090. Most approaches require infrequent maintenance, typically accomplished in less time than it would take to review and issue a permit. If conducted safely at the given location, the Department is not required to issue a permit.

Normal Approach Maintenance may include any of the following activities:

• Pothole repair
• Trimming vegetation for sight distance.
• Culvert cleaning.
• Gate replacement.
• Sign replacement.
• Pavement markings replacement.
• Sweeping with a power broom.

Existing Approach Upgrade

Activities typically posing a risk to highway safety/operations and/or the safety of those completing the work require notice to the Department and the issuance of a construction permit and can also require a new use permit.

EAUs may include any of the following activities:

• Resurfacing with an acceptable material to ODOT standards.
• Repairing sidewalk within an approach.
• Culvert replacement.
• Change in drainage grade or ditch.
• Change in width.
• Change in radius.
• Moving the approach such that the proposed centerline falls within the existing footprint of the approach.
• Defining open frontage.
• Change in grade.
• Change in approach style (i.e., paved radius to sidewalk apron).
• Change in surface (i.e., new type of material).

When a proposal qualifies for an EAU, the property owner and/or the owner’s designated agent is directed to fill out and submit an Application for Upgrade to an Existing State Highway Approach form. This form can be found on the ODOT Access Management website in the Application Forms web page.

Activities Requiring New Road Approach Permit

Activities that do not fall under Normal Maintenance or EAU may require a new permit. It is up to Access Management staff, relying on their training, judgement and expertise, to determine if an EAU application or proposal requires further conversation with the applicant and/or a site visit to determine whether a new permit is required.

Construction activities that may require a new application/permit:

• If a Change of Use is occurring at the existing approach or a Change of Use is anticipated from planned development/redevelopment.
• Requests to modify approach geometry with a design that cannot be justified by the traffic type and volume reasonably expected to use the approach.
• Any questionable activity not listed above

Existing Approach Upgrade Application Process

See Attachments A-E for the procedures required to issue an EAU Application.

Process Notification

Application form 734-5114 was created for property owners to apply for this process. The application and instructions can be found on the ODOT Access Management website.

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:

District Managers

• Signs Construction and Use Permits.

Region Access Management Engineers

• Review EAU Permit Application to determine if the proposed action can proceed as an Upgrade.
• Approve/Deny EAU Applications.
• If the proposal can proceed as an Upgrade request CHAMPS Administrator to change the status as necessary.
• Review the Specs and Provisions and proceed to Approved with Standard Plans or Custom Plans (Preliminary Issues) depending on the proposal.
• Determine whether to issue a new Use Permit after the EAU is completed.

Development Review Coordinators

• Assist Permit Specialist and AMC with COU research when requested.
• When requested, review EAU Proposal and recommend whether a new Use Permit should be issued upon completion of construction of the Upgrade

Access Management Coordinators

• When requested, prepare COU Research for RAME review.

Permit Specialists

• Conduct site visit to fill out field worksheets.
• Review and confirm the application is complete.
  
• Forward applications to the RAME for review.
• Request R/W research for access control.
• Fill out the Specs and Provisions Tabs in CHAMPS for RAME to review.
• Follow normal Construction Permit procedures, including the collection of insurance/bonding, through the approval process.
• Construction oversight and inspection.

Other staff as assigned by management authority

The Access Management Unit will, upon request of a District Manager, provide training and answer questions to facilitate implementation of this guidance.

Implement this bulletin upon the effective date.

If problems or concerns develop in implementing this bulletin or if further clarification is needed, contact the Access Management Program Manager.

• Attachment A
  
• Attachment B
  
• Attachment C
  
• Attachment D
  
• Attachment E