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Oregon Bulletin

February 1, 2014

Department of Transportation, Highway Division, Chapter 734

Rule Caption: Highway Approach Permitting, Access Control, and Access Management Standards

Adm. Order No.: HWD 7-2013(Temp)

Filed with Sec. of State: 12-23-2013

Certified to be Effective: 1-1-14 thru 6-30-14

Notice Publication Date:

Rules Adopted: 734-051-8010, 734-051-8015, 734-051-8020, 734-051-8025, 734-051-8030

Subject: The provisions of SB 408 will become effective January 1, 2014. Permanent rules are still under development and will not be completed before the January 1, 2014 effective date. Parts of the current rules that are in conflict with SB 408 will no longer be applicable when the bill takes effect. Temporary rules were adopted to implement those parts of the SB 408 that specifically require the department to establish rules for implementation and to ensure that ODOT is in compliance with the new laws beginning January 1. The temporary rules will also provide clarification for ODOT staff and the public about implementation of the new laws.

Rules Coordinator: Lauri Kunze—(503) 986-3171

734-051-8010

Notice and Review of Key Principles and Related Methodology for Facility Plans for Affected Real Property Owners

(1) The Department shall provide written notice to all affected real property owners at least twenty (20) calendar days prior to the taking action to approve the key principles and related methodology for a highway facility plan.

(2) Affected real property owners may make a written request for a review of the key principles and related methodology for the Facility Plan through either of the following:

(a) A Collaborative Discussion under 734-051-8020; or

(b) An Access Management Dispute Review Board under 734-051-8025.

(3) Affected real property owners must request a review not later than twenty (20) calendar days following the date of the Department notice under Section (1) of this rule. The request for review must be made in writing and state whether the request is for review through a Collaborative Discussion or an Access Management Dispute Review Board.

(4) An affected real property owner who requests a review of the key principles and related methodology through Collaborative Discussion may also request a review by an Access Management Dispute Review Board after completion of the Collaborative Discussion. The request for review by an Access Management Dispute Review Board must be made not later than twenty-one (21) calendar days after the date of the final decision issued by the Region Manager following the Collaborative Discussion under 734-051-8020.

Stat. Auth.: ORS 374.310–374.314, 374.345, 374.355, 374.360

Stats. Implemented: ORS 374.300 to 374.360, ¦27, ch. 330, OL 2011, ch. 476, OL 2013

Hist.: HWD 7-2013(Temp), f. 12-23-13, cert. ef. 1-1-14 thru 6-30-14

734-051-8015

Notice and Review of the Access Management Methodology for a Highway Project

(1) The Department shall provide written notice to all affected real property owners at least twenty-one (21) calendar days prior to taking action to finalize the Access Management Methodology for a highway project.

(2) Affected real property owners may make a written request for a review of the Access Management Methodology prior to the department finalizing the Methodology, through either of the following:

(a) A Collaborative Discussion under 734-051-8020; or

(b) An Access Management Dispute Review Board under 734-051-8025.

(3) Affected real property owners must request a review of the Methodology not later than twenty-one (21) calendar days following the date of the Department notice under Section (1) of this rule. The request for review of the Methodology must be made in writing and state whether the request is for a review through Collaborative Discussion or an Access Management Dispute Review Board.

(4) An affected real property owner who requests a review of an Access Management Methodology through Collaborative Discussion may also request a review by an Access Management Dispute Review Board after completion of the Collaborative Discussion. The request for review by an Access Management Dispute Review Board must be made not later than twenty-one (21) calendar days after the date of the final decision issued by the Region Manager following the Collaborative Discussion under 734-051-8020.

Stat. Auth.: ORS 374.310–374.314, 374.345, 374.355, 374.360

Stats. Implemented: ORS 374.300 to 374.360, ¦27, ch. 330, OL 2011, ch. 476, OL 2013

Hist.: HWD 7-2013(Temp), f. 12-23-13, cert. ef. 1-1-14 thru 6-30-14

734-051-8020

Collaborative Discussion Process for Facility Plans and Access Management Strategies in Project Delivery

(1) If an affected real property owner requests a Collaborative Discussion, the Collaborative Discussion shall be conducted not more than forty five (45) calendar days from the date of written request from the affected real property owner(s), unless the Department and affected real property owner(s) agree to a time extension in writing.

(2) The Region Manager may include any Department staff that he or she finds appropriate or necessary in the Collaborative Discussion process. In addition, the Region Manager shall invite local government representatives, and may include other facility users, economic development representatives or other parties which the Region Manager believes will contribute to finding appropriate solutions. The Collaborative Discussion shall be conducted under the alternative dispute resolution model in ORS 183.502.

(3) The Region Manager shall consider the information presented as part of the Collaborative Discussion and make the final decision. Within twenty-one (21) calendar days following the completion of the Collaborative Discussion, the Region Manager shall notify the property owner(s) in writing of the final decision to:

(a) Modify the key principles or related methodology; or,

(b) Finalize or adopt the key principles or related methodology without modifications.

Stat. Auth.: ORS 183.502, 184.616, 184.619, 374.310–374.314, 374.345, 374.355, 374.360

Stats. Implemented: ORS 374.300 to 374.360, ¦27, ch. 330, OL 2011, ch. 476, OL 2013

Hist.: HWD 7-2013(Temp), f. 12-23-13, cert. ef. 1-1-14 thru 6-30-14

734-051-8025

Access Management Dispute Review Board Process

(1) The actions and recommendations of the Access Management Dispute Review Board are not land use decisions, as defined in ORS 197.015, and may not be appealed to the Land Use Board of Appeals.

(2) Where more than one affected real property owner with the same or similar concerns requests review by an Access Management Dispute Review Board of the Key Principles and related Methodology for a facility plan or an Access Management Methodology for a highway project, the Department may consolidate the reviews.

(3) The Access Management Dispute Review Board shall include the following:

(a) The Director, or a designee of the Director, who is familiar with the location in which the facility plan is being prepared;

(b) A representative of the local jurisdiction for which the state highway is located;

(c) A traffic engineer who practices engineering in Oregon; and

(d) A representative from the economic or business sector.

(4) The Access Management Dispute Review Board shall be conducted not later than forty-five (45) calendar days from the date of written request from the affected real property owner(s), unless the Department and affected real property owner(s) agree to an time extension in writing. The Access Management Dispute Review Board shall make its recommendation to the Director not later than fourteen (14) calendar days following the conclusion of its deliberations.

Stat. Auth.: ORS 374.310–374.314, 374.345, 374.355, 374.360

Stats. Implemented: ORS 374.300 to 374.360, ¦27, ch. 330, OL 2011, ch. 476, OL 2013

Hist.: HWD 7-2013(Temp), f. 12-23-13, cert. ef. 1-1-14 thru 6-30-14

734-051-8030

Director Decisions Based on the Recommendations of the Access Management Dispute Review Board

(1) The Director or designee shall consider the recommendations of the Access Management Dispute Review Board and make the final decision. The Director or designee shall notify all parties participating in the review of the final decision in writing to either:

(a) Modify the key principles or methodology; or

(b) Finalize or adopt the key principles or methodology without modifications.

(2) The Director or designee’s decision under Section (1) of this rule shall be issued not later than twenty-one (21) calendar days after receiving the recommendation of the Access Management Dispute Review Board.

Stat. Auth.: ORS 374.310–374.314, 374.345, 374.355, 374.360

Stats. Implemented: ORS 374.300 to 374.360, ¦27, ch. 330, OL 2011, ch. 476, OL 2013

Hist.: HWD 7-2013(Temp), f. 12-23-13, cert. ef. 1-1-14 thru 6-30-14

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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