US Lawyer Database

Section 374.312 – Rules regarding permits for approach roads; intergovernmental agreements.

(1) It is the intent of the Legislative Assembly to develop a highway access management system based on objective standards that will balance the economic development objectives of properties abutting state highways with the transportation safety and access management objectives of state highways, in a manner consistent with local transportation system plans and the land […]

Section 374.355 – Dispute resolution procedures; rules.

There is created a set of dispute resolution procedures governing an appeal of the Department of Transportation’s decision regarding an approach permit or the removal or modification of an approach. The procedures described in this section include but are not necessarily limited to notice, guarantee of an impartial tribunal, burden of proof and admission and […]

Section 374.314 – Traffic impact analysis; rules.

(1) Except as provided in subsection (2) of this section, the Department of Transportation may require a person applying for an approach permit under ORS 374.312 to submit a traffic impact analysis in conjunction with the application for an approach permit. (2) The department may not require a person applying for an approach permit to […]

Section 374.360 – Access Management Dispute Review Board.

(1) If the applicant or permit holder of an approach permit requests a review by an Access Management Dispute Review Board under ORS 374.355, the Department of Transportation shall appoint an Access Management Dispute Review Board by selecting members for a board consisting of any or all of following: (a) The Director of Transportation or […]

Section 374.315 – 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 […]

Section 374.317 – 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 […]

Section 374.325 – Effect of ORS 374.305 to 374.325.

Nothing in ORS 374.305 to 374.325 shall: (1) Limit or affect any of the powers granted to, or duties imposed upon, the county courts or boards of county commissioners, the Department of Transportation or the Public Utility Commission by ORS 758.010 and 758.020, or any rights granted or authorized under those statutes. (2) Grant any […]