ORS 374.331: Facility plans; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) As used in this section, “facility plan” includes, but is not limited to, interchange area management plans, corridor plans, transportation refinement plans and access management plans. (2) Every facility plan and access management strategy developed for a highway improvement or modernization project under this section or ORS 374.334 must include a methodology that balances 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 uses permitted in the local comprehensive plans acknowledged under ORS chapters 197 and 197A. (3) The following apply to all facility plans developed by the Department of Transportation: (a) The location of county roads and city streets within the area described in the facility plan must be determined through collaborative discussion and agreement between the department and the affected cities and counties. Each facility plan must document the agreement regarding the location of county roads and city streets that intersect a state highway within the area described in the plan. (b) The department shall develop key principles for each facility plan. The department shall use the key principles to evaluate how properties abutting a state highway may retain or obtain access to the state highway during and after plan implementation. In developing the key principles, the department shall also develop a methodology to weigh the benefits of a highway improvement or modernization project to public safety and mobility against: (A) The local transportation system plans and the land uses permitted in the local comprehensive plans of cities and counties; and (B) The economic development objectives of affected real property owners who require access to the state highway. (c) If a facility plan identifies the need to modify, relocate or close existing private approaches, the plan must include key principles for managing access to the state highway. The key principles must contain a level of detail sufficient to inform affected real property owners of the potential for the modification, relocation or closure of existing private approaches within the area described in the facility plan. (d) Each facility plan affecting access to a state highway must include a timeline by which the plan may need to be implemented in order to meet the safety and operational needs of the state highway. (e) Each facility plan must include the long term safety and operational needs for the state highway and for all intersecting highways, roads or streets based on an engineering analysis conducted by a traffic engineer. (f)(A) Until a facility plan is adopted by the Oregon Transportation Commission or finalized by the department, an affected real property owner may request a review of the key principles and related methodology developed by the department through: (i) A collaborative discussion as established by the department by rule; or (ii) The Access Management Dispute Review Board established under ORS 374.360. (B) The recommendation of the Access Management Dispute Review Board under subparagraph (A) of this paragraph is not a land use decision, as defined in ORS 197.015, that may be appealed to the Land Use Board of Appeals. (4) Prior to adopting any key principle under subsection (5) of this section, the department shall provide notice and an opportunity to be heard to the affected cities and counties and to affected real property owners. The department shall provide notice by first class mail. (5) Twenty days after the date the department sends written notice under subsection (4) of this section, the department, in agreement with the affected cities and counties, shall adopt the key principles for a facility plan. [2013 c.476 §4]
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 374.334 — resolved
- ORS 374.360 — resolved
- ORS 197.015 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors374.html