ORS 374.311: Permit standards; rules.

The objective standards for spacing, channelization and sight distance for decisions to approve, modify or deny an approach permit are as follows: (1) When making a decision to approve or deny an application for an approach permit under ORS 374.312, the Department of Transportation shall apply, as one of the standards, the standards in Table 1 for spacing between approaches on highway segments where the annual average daily traffic is 5,000 or fewer motor vehicles: ______________________________________________________________________________ TABLE 1 Regional Highways Statewide District Highways Highways Statewide Statewide Unincorporated Rural and Highways Highways Communities Speed Urban Rural Areas Urban Areas Rural Areas (miles per (distance (distance (distance (distance hour) in feet) in feet) i n feet) in feet) 55 or higher 650 1,320 1,320 1,320 50 425 1,100 1,100 1,100 40 & 45 360 990 360 750 30 & 35 250 770 250 425 25 or lower 150 550 150 350 ______________________________________________________________________________ (a) For spacing between private approaches, the spacing standards described in Table 1 apply to the distance measured along the highway from the center of an existing or proposed private approach to the center of the nearest existing or proposed private approach on the same side of the highway in both directions. For spacing between a private and a public approach, the standard applies to the distance measured in both directions along the highway from the center of an existing or proposed private approach to the center of the nearest intersection of the highway with a public approach or another state highway. (b) The spacing standards for approaches on one-way highways or highways with a raised or depressed nontraversable median where only a right-hand or left-hand turn into and from the approach is allowed are one-half the spacing standards for highways where the annual average daily traffic is more than 5,000 motor vehicles as described in Table 2. (c) Special transportation areas, access management plans, corridor plans, interchange area management plans or interchange management areas, as designated by the Oregon Transportation Commission, may have spacing standards that take precedence over the spacing standards described in Table 1. (d) For a signalized private approach, signal spacing standards established by the department by rule supersede the spacing standards described in Table 1. (e) The spacing standards in Table 1 do not apply to approaches in existence prior to January 1, 2012, except when: (A) A new or change of use of an approach permit is required under ORS 374.312. (B) Infill development or infill redevelopment occurs and spacing or safety will be improved by moving in the direction of the spacing standards described in Table 1. (C) A highway or interchange project occurs and spacing or safety will be improved by moving in the direction of the spacing standards described in Table 1. (f) The spacing standards for a statewide highway, regional highway or district highway that is designated as an expressway by the commission where the annual average daily traffic is 5,000 or fewer motor vehicles are described in Tables 2 to 4. (2) When making a decision to approve or deny an application for an approach permit, the department shall apply, as one of the standards, the standards in Table 2 for spacing between approaches on statewide highways where the annual average daily traffic is more than 5,000 motor vehicles: ______________________________________________________________________________ TABLE 2 Expressway Expressway Speed Rural Areas Urban Areas Rural Areas Urban Areas (miles (distance (distance (distance (distance per hour) in feet) in feet) in feet) in feet) 55 or higher 5,280 2,640 1,320 1,320 50 5,280 2,640 1,100 1,100 40 & 45 5,280 2,640 990 800 30 & 35 - - 770 500 25 & lower - - 550 350 ______________________________________________________________________________ (a) For spacing between private approaches, the spacing standards described in Table 2 apply to the distance measured along the highway from the center of an existing or proposed private approach to the center of the nearest existing or proposed private approach on the same side of the highway in both directions. For spacing between a private and a public approach, the standard applies to the distance measured in both directions along the highway from the center of an existing or proposed private approach to the center of the nearest intersection of the highway with a public approach or another state highway. (b) The spacing standards for approaches on one-way highways or highways with a raised or depressed nontraversable median where only a right-hand or left-hand turn into and from the approach is allowed are one-half the spacing standards described in Table 2. (c) Special transportation areas, access management plans, corridor plans, interchange area management plans or interchange management areas, as designated by the commission, may have spacing standards that take precedence over the spacing standards described in Table 2. (d) For a signalized private approach, signal spacing standards established by the department by rule supersede the spacing standards described in Table 2. (e) The spacing standards in Table 2 do not apply to approaches in existence prior to January 1, 2012, except when: (A) A new or change of use of an approach permit is required under ORS 374.312. (B) Infill development or infill redevelopment occurs and spacing and safety will be improved by moving in the direction of the spacing standards described in Table 2. (C) A highway or interchange project occurs and spacing and safety will be improved by moving in the direction of the spacing standards described in Table 2. (f) The spacing standards described in Table 2 for a statewide highway that is designated as an expressway by the commission also apply to an expressway where the annual average daily traffic is 5,000 or fewer motor vehicles. (3) When making a decision to approve or deny an application for an approach permit, the department shall apply, as one of the standards, the standards in Table 3 for the spacing between approaches on regional highways where the annual average daily traffic is more than 5,000 motor vehicles: ______________________________________________________________________________ TABLE 3 Expressway Expressway Speed Rural Areas Urban Areas Rural Areas Urban Areas (miles (distance (distance (distance (distance per hour) in feet ) in feet) in feet) in feet) 55 or higher 5,280 2,640 990 990 50 5,280 2,640 830 830 40 & 45 5,280 2,640 750 500 30 & 35 - - 600 350 25 & lower - - 450 250 ______________________________________________________________________________ (a) For spacing between private approaches, the spacing standards described in Table 3 apply to the distance measured along the highway from the center of an existing or proposed private approach to the center of the nearest existing or proposed private approach on the same side of the highway in both directions. For spacing between a private and a public approach, the standard applies to the distance measured in both directions along the highway from the center of an existing or proposed private approach to the center of the nearest intersection of the highway with a public approach or another state highway. (b) The spacing standards for approaches on one-way highways or highways with a raised or depressed nontraversable median where only a right-hand or left-hand turn into and from the approach is allowed are one-half the spacing standards described in Table 3. (c) Special transportation areas, access management plans, corridor plans, interchange area management plans or interchange management areas, as designated by the commission, may have spacing standards that take precedence over the spacing standards described in Table 3. (d) For a signalized private approach, signal spacing standards established by the department by rule supersede the spacing standards described in Table 3. (e) The spacing standards in Table 3 do not apply to approaches in existence prior to January 1, 2012, except when: (A) A new or change of use of an approach permit is required under ORS 374.312. (B) Infill development or infill redevelopment occurs and spacing and safety will be improved by moving in the direction of the spacing standards described in Table 3. (C) A highway or interchange project occurs and spacing and safety will be improved by moving in the direction of the spacing standards described in Table 3. (f) The spacing standards described in Table 3 for a regional highway that is designated as an expressway by the commission also applies to an expressway where the annual average daily traffic is 5,000 or fewer motor vehicles. (4) When making a decision to approve or deny an application for an approach permit, the department shall apply, as one of the standards, the standards in Table 4 for the spacing between approaches on district highways where the annual average daily traffic is more than 5,000 motor vehicles: ______________________________________________________________________________ TABLE 4 Expressway Expressway Speed Rural Areas Urban Areas Rural Areas Urban Areas (miles (distance (distance (distance (distance per hour) in feet) in feet) in feet) in feet) 55 or higher 5,280 2,640 700 700 50 5,280 2,640 550 550 40 & 45 5,280 2,640 500 500 30 & 35 - - 400 350 25 & lower - - 400 250 ______________________________________________________________________________ (a) For spacing between private approaches, the spacing standards described in Table 4 apply to the distance measured along the highway from the center of an existing or proposed private approach to the center of the nearest existing or proposed private approach on the same side of the highway in both directions. For spacing between a private and a public approach, the standard applies to the distance measured in both directions along the highway from the center of an existing or proposed private approach to the center of the nearest intersection of the highway with a public approach or another state highway. (b) The spacing standards for approaches on one-way highways or highways with a raised or depressed nontraversable median where only a right-hand or left-hand turn into and from the approach is allowed are one-half the spacing standards described in Table 4. (c) Special transportation areas, access management plans, corridor plans, interchange area management plans or interchange management areas, as designated by the commission, may have spacing standards that take precedence over the spacing standards described in Table 4. (d) For a signalized private approach, signal spacing standards established by the department by rule supersede the spacing standards described in Table 4. (e) The spacing standards in Table 4 do not apply to approaches in existence prior to January 1, 2012, except when: (A) A new or change of use of an approach permit is required under ORS 374.312. (B) Infill development or infill redevelopment occurs and spacing and safety will be improved by moving in the direction of the spacing standards described in Table 4. (C) A highway or interchange project occurs and spacing and safety will be improved by moving in the direction of the spacing standards described in Table 4. (f) The spacing standards described in Table 4 for a district highway that is designated as an expressway by the commission also apply to an expressway where the annual average daily traffic is 5,000 or fewer motor vehicles. (5)(a) The department may require channelization on the highway as a condition for the approval of an approach permit if any of the following conditions exist: (A) The number of average daily trips at the property exceeds 400 when the property is located on a two-lane highway with an annual average daily traffic of 5,000 or more motor vehicles. (B) The number of average daily trips at the property exceeds 400 when the property is located on a four-lane highway with an annual average daily traffic of 10,000 or more motor vehicles. (C) The product of the number of average daily trips at the property multiplied by the annual average daily traffic on the highway is equal to or greater than the products listed in the table below: ______________________________________________________________________________ TABLE 5 Product of Property’s Average Daily Trips Multiplied by the Abutting Highway’s Annual Average Daily Traffic (Millions) Number of Speed Speed Speed Speed highway 25 mph 30-35 40-45 50 mph lanes or lower mph mph or higher 2 lanes 5.1 3.9 1.8 1.3 4 lanes 10.2 7.8 3.6 2.6 ______________________________________________________________________________ (b) The number of average daily trips at a property may be determined by a traffic impact analysis or from national standards, as determined by the department. A vehicle that enters and exits a property has made two trips. (c) The annual average daily traffic for a state highway may be determined from the most recent edition of the transportation volume tables published annually by the department. The department shall post the transportation volume tables on the department’s website. (6) The department may adopt by rule a standard for sight distance based on nationally accepted standards. (7) As used in this section: (a) “Infill development” means the development of vacant or remnant land that has been passed over by previous development and that is consistent with zoning. Infill occurs in urban areas. It may also occur in rural areas on commercially or industrially zoned land where the land has been developed into an urban block pattern including a local street network where the highway speed is 45 miles per hour or less. (b) “Infill redevelopment” means changing an existing development including replacement, remodeling or reuse of existing structures to accommodate new development that is consistent with current zoning. Redevelopment occurs in urban areas. It may also occur in rural areas on commercially or industrially zoned land where the land has been developed into an urban block pattern including a local street network and where the highway speed is 45 miles per hour or less. (c) “Rural” means the area outside an urban growth boundary, the area outside a special transportation area in an unincorporated community or the area outside an urban unincorporated community. (d) “Speed” means the speed limit established in ORS 811.111 or the designated speed posted under ORS 810.180. (e) “Urban” means the area within an urban growth boundary, the area within a special transportation area of an unincorporated community or the area within an urban unincorporated community. [2011 c.330 §17] ______________________________________________________________________________