ORS 374.308: Presumption of written permission.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1)(a) An owner of real property abutting a state highway with an existing approach road is presumed to have the Department of Transportation’s written permission for the approach road based upon documentation for a highway project completed by the department that shows that the approach road was built or rebuilt as part of the project or that the department intended to issue an approach permit to the property owner for the approach road. (b) The department shall have the burden to establish that the factual basis for the presumption in paragraph (a) of this subsection does not exist. (2)(a) An owner of real property abutting a state highway with an approach road that was in existence before April 1, 2000, is also presumed to have the department’s written permission for the approach road based upon documentation in any form that shows: (A) That the approach road was in existence before July 16, 1949; (B) That the approach road was in existence before the department accepted jurisdiction of the highway from a city or county; or (C) That the approach road was built or rebuilt with the department’s knowledge or permission. (b) The department shall have the burden to establish that the factual basis for the presumption in paragraph (a) of this subsection does not exist. The department may rebut the presumption in paragraph (a) of this subsection by a showing that there is insufficient documentation to determine whether the approach road was built or rebuilt with the department’s knowledge or permission. (3) Subsections (1) and (2) of this section apply only where there is a right of access to the state highway. (4) For approach roads presumed to have written permission under this section, the determination of prior use for the purposes of ORS 374.312 (4) and (5) is the use of the property on January 1, 2014. (5) Except as provided in this section, an approach road built without the department’s written permission is subject to removal or reconstruction as provided in ORS 374.307. (6) For purposes of ORS 374.302 to 374.334, 374.335 and 374.345, the presumption of written permission of the department for an approach road is deemed to be an approach permit issued by the department under ORS 374.310. [2013 c.476 §2]
Official history and status
History: Note: 374.308 and 374.317 were added to and made a part of 374.302 to 374.334 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Administrative rules citing this section
- OAR 734-051-1010: Authority for Rules — General Provisions — implements
- OAR 734-051-1020: Purpose and Intent of Rules — implements
- OAR 734-051-1030: Administration of Rules — implements
- OAR 734-051-1040: Relationship to Local Jurisdiction Rules and Regulations — implements
- OAR 734-051-1050: Procedure to Obtain a Permit to Construct or Modify a Public Approach — implements
- OAR 734-051-1060: Delegation of Permit Authority to Local Jurisdiction — implements
- OAR 734-051-1070: Definitions — implements
- OAR 734-051-2010: Rights of Access — General Provisions — implements
- OAR 734-051-2020: Grants of Access — implements
- OAR 734-051-2030: Indentures of Access — implements
- OAR 734-051-3010: Administration of Private Approaches — Permit for Private Approach — implements
- OAR 734-051-3015: Presumption of Written Permission for an Existing Private Connection — implements
- OAR 734-051-3020: Change of Use of a Private Connection — implements
- OAR 734-051-3030: Application Requirements for State Highway Private Approach — implements
- OAR 734-051-3040: Private Approach Permit Application Review, Approvals and Timelines — implements
- OAR 734-051-3050: Deviations from Approach Spacing, Sight Distance, and Channelization Standards for a Private Approach — implements
- OAR 734-051-3060: Pre-Decision Collaborative Discussion for Highway Approach Permit Applications — implements
- OAR 734-051-3070: Mitigation Measures — implements
- OAR 734-051-3080: Post-Decision Review Processes — implements
- OAR 734-051-3090: Post-Decision Collaborative Discussion — implements
- OAR 734-051-3100: Access Management Dispute Review Board — implements
- OAR 734-051-3110: Contested Case Hearing Process — implements
- OAR 734-051-4010: Access Management Standards for Approaches — General Provisions — implements
- OAR 734-051-4020: Standards and Criteria for Approval of Private Approaches — implements
- OAR 734-051-4030: Benefit to the State Highway System — implements
- OAR 734-051-4040: Temporary Approaches — implements
- OAR 734-051-4050: Special Use Approaches — implements
- OAR 734-051-5010: Approach Design and Construction — Design of Approaches — implements
- OAR 734-051-5020: Issuance of Construction Permits — implements
- OAR 734-051-5030: Construction of Approaches — implements
- OAR 734-051-5040: Effective Period of Construction Permits — implements
- OAR 734-051-5050: Responsibility for Costs of Construction of Approaches — implements
- OAR 734-051-5060: Liability, Insurance and Bonding Requirements — implements
- OAR 734-051-5070: Review Procedure for Modifying a Construction Permit — implements
- OAR 734-051-5080: Issuance of a Permit to Operate, Maintain and Use an Approach — implements
- OAR 734-051-5090: Maintenance of Approaches — implements
- OAR 734-051-5100: Effective Period of Permit to Operate, Maintain and Use an Approach — implements
- OAR 734-051-5110: Revocation of Permits and Removal of Approaches — implements
- OAR 734-051-5120: Access Management in Project Delivery — implements
- OAR 734-051-6010: Remedies in Closure of Approaches — Authority and Purpose of OAR 734-051-6010 through 734-051-6060 — implements
- OAR 734-051-6020: Definitions — implements
- OAR 734-051-6030: Offer of Remedies — implements
- OAR 734-051-6040: Procedure for Resolving Claims — implements
- OAR 734-051-6050: Appraisals — implements
- OAR 734-051-6060: Conditions of Agreement — implements
- OAR 734-051-6070: Delegation — implements
- OAR 734-051-7010: Access Management in Highway Facility Plans — implements
This rule cites
- ORS 374.312 — resolved
- ORS 374.307 — resolved
- ORS 374.302 — resolved
- 374.334 — resolved
- 374.335 — resolved
- 374.345 — resolved
- ORS 374.310 — resolved
Cited by
- ORS 374.313: Claim for relief after closure of approach road; mediation; rules; appraisal.
- ORS 374.317: Approach road maintenance.
- ORS 374.335: Driving certain motor vehicles across public highway not considered operation on highway.
- ORS 374.345: Rules regarding turning onto state highway from approach road.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors374.html