ORS 374.309: County permits; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The county court or board of county commissioners shall adopt reasonable rules and regulations and may issue permits, not inconsistent with law, for the use of the rights of way of county roads for the purposes described in ORS 374.305. (2) Rules and regulations adopted and permits issued under subsection (1) of this section shall include provisions, terms and conditions that in the judgment of the granting authority are in the best interest of the public for the protection of the road and the traveling public and may include, but need not be limited to: (a) Provisions for construction of culverts under approaches, requirements as to depth of fills over culverts and requirements for drainage facilities, curbs, islands and other facilities for traffic channelization as may be deemed necessary. (b) With respect to private road crossings, additional provisions for the angle of intersection, crossing at grade or other than grade, sight distances, safety measures including flaggers, crossing signs and signals, reinforcement for protection of the road, maintenance of the crossing and for payment by the applicant of any of the costs of complying with the provisions. (c) With respect to private road crossings, the granting authority may also require the applicant to furnish: (A) Public liability and property damage insurance in a sum fixed by the granting authority that indemnifies the members, officers, employees and agents of the granting authority from any claim that might arise on account of the granting of the permit and the crossing of the road by vehicles operating under the permit; and (B) Indemnity insurance, an indemnity bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in a sum fixed by the granting authority, indemnifying the granting authority for any damage to the roads that may be caused by the use of the crossing. (3) The powers granted by this section and ORS 374.315 may not be exercised so as to deny any property abutting the road reasonable access. In determining what is reasonable access, the county court or board of county commissioners shall apply the following criteria: (a) The access must be sufficient to allow the authorized uses for the property identified in the acknowledged local comprehensive plan. (b) The type, number, size and location of approaches must be adequate to serve the volume and type of traffic reasonably anticipated to enter and exit the property, based on the planned uses for the property. [2011 c.330 §8]
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 374.305 — resolved
- ORS 706.008 — resolved
- ORS 374.315 — resolved
Cited by
- ORS 374.315: Construction under permits; maintenance after construction.
- ORS 374.330: Prior status preserved.
- ORS 374.335: Driving certain motor vehicles across public highway not considered operation on highway.
- ORS 374.990: Penalty for violation of ORS 374.305 or rule adopted under ORS 374.309 or 374.310.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors374.html