OAR 734-051-1065: Restriction of Turning Movements for Existing Private Approaches

(1) Applicability The department may restrict turning movements onto a state highway from an approach for which a permit was issued under OAR 734-051-3010 or that is deemed to have written permission under 734-051-3015 when the restriction is not required by contract, condemnation judgment, recorded deed or a Permit to Operate. (2) Procedures and Circumstances (a) The department may restrict turning movements under this rule for circumstances that include the following: (A) Safety and highway operations concerns set forth in OAR 734-051-4020(3); or (B) To prevent roadway departure crashes, particularly head-on type crashes and sideswipe meeting type crashes; or (C) Where drainage facilities are required in the median of the highway; or (D) To provide a two-stage or multi-stage pedestrian and/or bicycle crossing; or (E) Pursuant to local government projects and land use decisions. (b) When the department is evaluating the need to restrict turning movements under this rule, the department shall engage the following: (A) Owners of property abutting the highway that will be affected by the restriction; (B) Property lessees and business operators abutting the highway that will be affected by the restriction; (C) The local jurisdiction with land use authority in the area of the restriction; (D) A representative of the freight industry; and (E) Other stakeholders as appropriate. (c) Prior to implementing a turning restriction, the department will provide written notification to the parties listed in (a) of its decision to implement the restriction. (d) A non-traversable median may not be used as mitigation for an approach road permit unless the department first establishes that no other measures will be effective for the circumstances.