ORS 374.334: Access management strategy; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) As used in this section: (a) “Access management strategy” means a project delivery strategy developed by the Department of Transportation, in collaboration with cities, counties and owners of real property abutting a state highway in the affected area, that identifies the location and type of public and private approaches and other necessary improvements that are planned to occur primarily in the highway right of way and that are intended to improve current conditions on the section of highway by moving in the direction of the objective standards described in ORS 374.311, subject to safety and highway operations concerns. (b) “Project” means a highway improvement project or highway modernization project included in the Statewide Transportation Improvement Program. (2) The Department of Transportation shall develop an access management strategy for each project. In developing an access management strategy, the department shall engage affected real property owners when: (a) Establishing the methodology by which private approaches will be considered for modification, relocation or closure; or (b) The department proposes to acquire all rights of access to a segment of the state highway. (3) Within 21 days after the department finalizes the methodology by which private approaches will be considered for modification, relocation or closure, an affected real property owner may request a review of the methodology through: (a) A collaborative discussion as established by the department by rule; or (b) The Access Management Dispute Review Board established under ORS 374.360. (4) If a facility plan, as defined in ORS 374.331, is created for a project, the facility plan must include a sufficient level of detail to identify the location of the private approaches affected by the project. (5) The department shall work with the cities, counties, highway users and real property owners affected by a project to: (a) Identify deficiencies with each highway segment impacted by a project; and (b) Establish the long-term vision for each highway segment impacted by a project that would guide the scope and design of improvements within the highway segment. (6) The following apply to all projects that include modification, relocation or closure of existing private approaches to a state highway: (a) The location of intersecting county roads and city streets shall be consistent with the city and county transportation system plans or shall be determined and agreed upon through collaborative discussion between the department and the cities and counties affected by the project. (b) The department shall determine the location of private approaches in the access management strategy in collaboration with affected real property owners using a collaborative discussion as established by the department by rule. [2013 c.476 §5]
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 374.311 — resolved
- ORS 374.360 — resolved
- ORS 374.331 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors374.html