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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
HIGHWAY DIVISION

 

DIVISION 29

ADOPT-A-HIGHWAY PROGRAM

734-029-0005

Purpose

The purpose of the Adopt-A-Highway program is to provide citizens of Oregon an opportunity to pick up litter, remove noxious weeds, and improve the appearance of the State Highway System in accordance with ORS 366.158.

Stat. Auth.: ORS 184.616, 184.619, 366.158
Stats. Implemented: ORS 366.158
Hist.: HWY 6-1992, f. & cert. ef. 3-26-92; HWD 5-2010, f. 6-16-10, cert. ef. 7-1-10

734-029-0010

Scope

Any volunteer group, identified as “Applicant” in Division 29 rules, may adopt a section of highway on the State Highway System for the purpose of picking up litter, removing noxious weeds, or both. Work activities, when approved, may also include graffiti removal or maintenance of landscaped areas.

Stat. Auth.: ORS 184.616, 184.619, 366.158
Stats. Implemented: ORS 366.158
Hist.: HWY 6-1992, f. & cert. ef. 3-26-92; HWD 5-2010, f. 6-16-10, cert. ef. 7-1-10

734-029-0020

Definitions

As used in division 29 rules, the following definitions will apply:

(1) “Applicant” means the individual or individuals, corporation, company, firm, business, partnership, or public agency volunteering their time by adopting a section of highway, and named in and signing the application, and to whom the Permit is issued.

(2) “DM” means the Department District Manager or designee. DMs are responsible for highway maintenance, operations, and issuing permits for use of operating right of way for all State highways within a specific geographic area or “District”.

(3) “Department” means the Oregon Department of Transportation.

(4) “Highway” means the public way for vehicular travel that is under the jurisdiction of the Department. It also includes medians, highway shoulders, improvements appurtenant to the highway, such as support or tunnel structures, bicycle ways or sidewalks, and right of way used for the operation of the roadway.

(5) “Noxious Weed” means any plant identified by Department of Agriculture in OAR chapter 603, division 52 “Quarantine; Noxious Weeds” or the appropriate county governing body as described in ORS 569.

(6) “Participant” means the individual or member of the Applicant actually performing work on the highway under a Permit issued pursuant to Division 29 rules.

(7) “Permit” means the application as a fully executed form signed, issued and controlled by the DM on behalf of the Department allowing Applicant and its Participants to perform activities as approved and deemed necessary by the DM. A Permit includes all attached provisions and exhibits. A Permit does not convey any property right or interest.

(8) “Work Site” means the area where the permitted work is to be conducted.

Stat. Auth.: ORS 184.616, 184.619, 366.158
Stats. Implemented: ORS 366.158
Hist.: HWY 6-1992, f. & cert. ef. 3-26-92; HWD 5-2010, f. 6-16-10, cert. ef. 7-1-10

734-029-0030

General Requirements

(1) The Applicant must apply in writing on the form provided by the Department to the DM for the District in which the section of highway requested to be adopted is located. When noxious weed removal is a desired work activity, the Applicant must also provide the DM with a plan approved in writing by the Oregon Department of Agriculture or the appropriate county governing body. The plan shall include the species of plant to be removed, the method of removal that does not include the use of pesticides, herbicides, or machine powered equipment, and the timing and frequency of noxious weed removal.

(2) An “Adopt-A-Highway” permit will be executed by the Applicant and the DM under the authority of OAR Chapter 734, Division 55 and Division 29. In the event of a conflict, Division 29 rules will prevail. The Permit will list the specific requirements and obligations of both the Applicant and its Participants, and the Department.

(3) An application is not a Permit until it is approved and signed by the DM. No work is to be done along the highway until the Applicant has obtained a valid Permit. The approved Permit must be physically at the work site when the work is being performed.

(4) The section of highway adopted will be at least two miles in length for litter pickup or noxious weed removal. This minimum may be modified at the discretion of the DM where there are unique or unusual situations or features having to do with allowed work activities on a specific highway section.

(5) The term of the permit will be for a period of one, two, or three years.

(6) A section of highway may be adopted by more than one Applicant with only one Applicant for litter pick up and one Applicant for noxious weed removal. If more than one Applicant requests the same section of highway for the same work activity, the DM may make the selection by earliest date of application or by a random drawing.

(7) Assignment of a specific section of highway shall be at the discretion of the DM.

(8) The DM may consider factors such as width of right-of-way, geometrics, congestion, and sight distance in determining which highways or sections of highway will be eligible for adoption under Division 29 rules.

(9) Subcontracting or assigning work, or hiring or paying a wage or salary for work on the adopted section by the Applicant to any party is prohibited and will result in cancellation of the permit.

(10) The DM may cancel a Permit for any reason including, but not limited to safety considerations concerning highway operations, failure of the Applicant to perform the work described in the Permit, or failure of the Applicant to comply with provisions of the Permit. This cancellation will be issued in writing.

(11) The Applicant may cancel the permit with 30 days written notice to the DM.

(12) An Applicant has the option of renewing the permit for subsequent terms subject to the approval of the DM. Such request must be submitted in writing, signed by the Applicant and submitted to the DM at least 30 days prior to the permit expiration date.

(13) The Applicant shall not use state highways to display advertising signs or display or sell merchandise of any kind.

Stat. Auth.: ORS 184.616, 184.619, 366.158
Stats. Implemented: ORS 366.158
Hist.: HWY 6-1992, f. & cert. ef. 3-26-92; HWD 5-2010, f. 6-16-10, cert. ef. 7-1-10

734-029-0040

Specific Requirements

(1) Applicant and Participant Responsibilities:

(a) The Applicant will be responsible and liable for the care, control, supervision and assurance of safety of all Participants. Each Participant will be required to execute a Department liability release form reflecting awareness and acknowledgement of the potentially hazardous nature of the work involved;

(b) The Applicant and each Participant must comply with and abide by all laws, rules, and regulations relating to safety and use of the highway, and such other terms and conditions as may be required in the Permit. The Applicant or individual Participants may be excluded from participation or the permit canceled, at the discretion of the DM for violation of the terms of the Permit or Division 29 rules;

(c) The Applicant will provide adult supervision at the work site by at least one Participant over 18 years of age. Each Participant must be at least 16 years of age. Presence at the work site of individuals under 16 years of age is not allowed;

(d) The Applicant and each Participant must review the safety information provided by the Department at least once a year prior to participating in the actual work;

(e) The Applicant is to pick up litter at least four times a year; noxious weeds are to be removed at least two times a year. This frequency may be increased by written notice of the DM dependent on condition and appearance of the highway section;

(f) If maintenance of landscape improvements, or graffiti removal are included as a planned work activity, the scope of work and specific requirements and limitations will be agreed to by the Applicant and the DM, and identified in the permit;

(g) Supplies, materials, and work area signs furnished by the DM on behalf of the Department will be obtained from and returned to the DM during regular business hours. The Applicant may furnish its own additional supplies for its exclusive use such as a first-aid kit and drinking water.

(h) The Applicant will be responsible for appointing or selecting a spokesperson to act as the representative of the Applicant in matters relating to the Permit. The Applicant or its spokesperson is responsible for assuring compliance by Participants with safety procedures, proper Participant clothing and footwear, proper parking of vehicle(s) along the highway, arranging transportation of the Participants to and from the work site, notifying the DM of the location of large, heavy, or potentially hazardous items found along the highway, checking out and returning supplies provided by the Department, and assuring that a signed liability release has been provided to the Department for each Participant;

(i) The Applicant will be responsible for placing litter and noxious weeds in trash bags furnished by the DM and conducting other work activities as described in the Permit.

(j) Vehicles used by the Applicant to transport Participants to and from the work site must be parked so as not to create a hazard to motor vehicle traffic or interfere with the regular maintenance of the roadway. Vehicles must be moved by the Applicant upon request of the DM or law enforcement personnel.

(2) Department Responsibilities:

(a) The DM will consult with an Applicant to determine the specific section of highway to be adopted;

(b) The DM will furnish work area signs, trash bags, reflective vests, colored flags to mark large, heavy or potentially hazardous litter, and safety awareness information for Applicant safety meetings;

(c) The DM will furnish and erect two acknowledgement signs, one at each end of the adopted highway section, with the Applicant’s name or acronym displayed. When the section of highway adopted is not linear to the highway a lesser number of signs may be placed;

(d) If the Department determines that the sign(s) would create an unsafe condition for persons using the highway, it may choose not to erect the sign(s). Acknowledgement signs that are repeatedly vandalized or stolen may not be replaced at the discretion of the DM;

(e) The DM will be responsible for removal of litter that is large, heavy or potentially hazardous that has been flagged by the Applicant. The removal and disposal of filled litter bags, landscape debris, and noxious weeds will be as described in the Permit.

Stat. Auth.: ORS 184.616, 184.619, 366.158
Stats. Implemented: ORS 366.158
Hist.: HWY 6-1992, f. & cert. ef. 3-26-92; HWD 5-2010, f. 6-16-10, cert. ef. 7-1-10

734-029-0045

Acknowledgement Signs

(1) Signs may be placed by the Department as described in OAR 734-029-0040(2) acknowledging the Applicant’s volunteer contribution with the Applicant’s name or acronym. The Applicant may be required to provide evidence of the Applicant’s existence such as the Applicant’s organizational bylaws, website, or letterhead. When the Applicant is an individual or family group, the individual’s name (first name or initial and last name) or the family name (e.g. Smith Family) will be used.

(2) The acknowledgement sign is not intended for advertising or as a memorial; items such as an internet address, website, or telephone number will not be allowed. The Applicant’s name may be verified with the Secretary of State’s business name registry or other information available to the Department.

(3) The acknowledgement sign(s) may be installed after the Applicant has successfully performed the work activities described in the Permit at least once as determined by the DM.

(4) The sign(s) will remain the property of the Department and be removed by the DM when the permit is cancelled or has expired.

Stat. Auth: ORS 184.616, 184.619, 366.158
Stats. Implemented: ORS 366.158
Hist.: HWD 5-2010, f. 6-16-10, cert. ef. 7-1-10

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