Bill Text: OR SB264 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to access management; declaring an emergency.

Sponsorship: Unknown

Status: (Passed) 2011-06-22 - Effective date, June 14, 2011. [SB264 Detail]

Download: Oregon-2011-SB264-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1201

                         Senate Bill 264

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Business and Transportation)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Exempts county roads from requirement to get new approach
permit for change of use of private approach road.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to access management; creating new provisions; amending
  ORS 374.310, 374.315, 374.330, 374.335 and 374.990; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 374.310, as amended by section 1, chapter 31,
Oregon Laws 2010, is amended to read:
  374.310. (1) The Department of Transportation   { - with
respect to state highways and the county court or board of county
commissioners with respect to county roads - }  shall adopt
reasonable rules   { - and regulations - }  and may issue
permits, not inconsistent with law, for the use of the rights of
way of   { - such - }   { + state + } highways   { - and
roads - }  for the purposes described in ORS 374.305.  However,
the department may not issue a permit for the construction of any
approach road at a location where no rights of access exist
between the highway and abutting real property.
  (2) Such rules   { - and regulations - }  and such permits
shall include such provisions, terms and conditions as in the
judgment of the   { - granting authority - }  { +  department + }
may be in the best interest of the public for the protection of
the highway   { - or road - }  and the traveling public and may
include, but need not be limited to:
  (a) Provisions for construction of culverts under approaches,
requirements as to depth of fills over culverts and requirements
for drainage facilities, curbs, islands and other facilities for
traffic channelization as may be deemed necessary.
  (b) With respect to private road crossings, additional
provisions for the angle of intersection, crossing at grade or
other than grade, sight distances, safety measures including
flaggers, crossing signs and signals, reinforcement for
protection of the highway, maintenance of the crossing and for
payment by the applicant of the costs of any of the foregoing.
  (c) With respect to private road crossings, the   { - granting
authority - }  { +  department + } may also require the applicant
to furnish { + :
  (A) + } Public liability and property damage insurance in a sum
fixed by the   { - granting authority - }  { +  department + },
which insurance shall also indemnify the   { - members, - }
officers, employees and agents of   { - such authority - }  { +
the department + } from any claim that might arise on account of
the granting of the permit and the crossing of the highway
 { - or road - }  by vehicles operating under the permit; and
 { - the granting authority may also require the applicant to
furnish - }
   { +  (B) + } Indemnity insurance, an indemnity bond or an
irrevocable letter of credit issued by an insured institution as
defined in ORS 706.008 in a sum fixed by the   { - granting
authority - }   { + department + }, indemnifying   { - such
authority - }   { + the department + } for any damage to the
highways   { - or roads - }  that may be caused by the use of the
crossing.
  (3) The powers granted by this section and ORS 374.315 may not
be exercised so as to deny any property adjoining the   { - road
or - }  highway reasonable access. In determining what is
reasonable, the department   { - or county court or board of
county commissioners - } shall apply the following criteria:
  (a) The access must be sufficient to allow the authorized uses
for the property identified in the acknowledged local
comprehensive plan.
  (b) The type, number, size and location of approaches must be
adequate to serve the volume and type of traffic reasonably
anticipated to enter and exit the property, based on the planned
uses for the property.
  (4)(a) As used in this subsection:
  (A) 'Peak hour' means the hour during which the highest volume
of traffic enters and exits the property during a typical week.
  (B) 'Private approach' means an approach that serves one or
more properties and that is not a public approach as defined in
this subsection.
  (C) 'Public approach' means an existing or planned city street
or county road connection that provides vehicular access to and
from a highway.
  (D) 'Trip' means a one-way vehicular movement that consists of
a motor vehicle entering or exiting a property.
  (b) An approach permit is not required for a public approach.
  (c) A new approach permit for a change of use of an approach is
required for a private approach if:
  (A)(i) The number of peak hour trips increases by 50 trips or
more from that of the property's prior use; or
  (ii) The number of trips on a typical day increases by 500
trips or more from that of the property's prior use; and
  (B) The increase in subparagraph (A)(i) or (ii) of this
paragraph represents a 20 percent or greater increase in the
number of trips on a typical day and the number of peak hour
trips from that of the property's prior use.
  (d) A new approach permit for a change of use of an approach is
required for a private approach if the daily use of a private
approach increases by 10 or more vehicles with a gross vehicle
weight rating of 26,000 pounds or greater.
  (5) The department shall establish access management rules,
mitigation measures and spacing and mobility standards that are
less stringent for highway segments where the annual average
amount of daily traffic is 5,000 motor vehicles or fewer, than
for highway segments where the annual average amount of daily
traffic is greater than 5,000 motor vehicles.
  (6) The department may not charge any fee for issuance of a
permit under this section for construction of an approach road.

  SECTION 2.  { + Section 3 of this 2011 Act is added to and made
a part of ORS 374.305 to 374.325. + }
  SECTION 3.  { + (1) The county court or board of county
commissioners shall adopt reasonable rules and regulations and
may issue permits, not inconsistent with law, for the use of the
rights of way of county roads for the purposes described in ORS
374.305.
  (2) Rules and regulations adopted and permits issued under
subsection (1) of this section shall include provisions, terms
and conditions that in the judgment of the granting authority may
be in the best interest of the public for the protection of the
road and the traveling public and may include, but need not be
limited to:
  (a) Provisions for construction of culverts under approaches,
requirements as to depth of fills over culverts and requirements
for drainage facilities, curbs, islands and other facilities for
traffic channelization as may be deemed necessary.
  (b) With respect to private road crossings, additional
provisions for the angle of intersection, crossing at grade or
other than grade, sight distances, safety measures including
flaggers, crossing signs and signals, reinforcement for
protection of the road, maintenance of the crossing and for
payment by the applicant of the costs of any of the foregoing.
  (c) With respect to private road crossings, the granting
authority may also require the applicant to furnish:
  (A) Public liability and property damage insurance in a sum
fixed by the granting authority that indemnifies the members,
officers, employees and agents of the granting authority from any
claim that might arise on account of the granting of the permit
and the crossing of the road by vehicles operating under the
permit; and
  (B) Indemnity insurance, an indemnity bond or an irrevocable
letter of credit issued by an insured institution as defined in
ORS 706.008 in a sum fixed by the granting authority,
indemnifying the granting authority for any damage to the roads
that may be caused by the use of the crossing.
  (3) The powers granted by this section and ORS 374.315 may not
be exercised so as to deny any property adjoining the road
reasonable access. In determining what is reasonable, the county
court or board of county commissioners shall apply the following
criteria:
  (a) The access must be sufficient to allow the authorized uses
for the property identified in the acknowledged local
comprehensive plan.
  (b) The type, number, size and location of approaches must be
adequate to serve the volume and type of traffic reasonably
anticipated to enter and exit the property, based on the planned
uses for the property. + }
  SECTION 4. ORS 374.315 is amended to read:
  374.315. All construction under the permits issued under ORS
374.310  { + and section 3 of this 2011 Act + } shall be under
the supervision of the granting authority and at the expense of
the applicant. After completion of the construction of the
particular approach road, facility, thing or appurtenance, they
shall be maintained at the expense of the applicant and in
accordance with the rules and regulations adopted pursuant to ORS
374.310 { +  and section 3 of this 2011 Act + }.
  SECTION 5. ORS 374.330 is amended to read:
  374.330. (1)   { - Nothing in - }  ORS 374.305, 374.310 and
374.325, as such sections were amended by chapter 323, Oregon
Laws 1957,
  { - shall be deemed to - }   { + and section 3 of this 2011 Act
do not + } affect any approach road, structure, pipeline, ditch,
cable or wire, or other facility, thing or appurtenance lawfully
placed or constructed upon the right of way of any highway prior
to August 20, 1957.
  (2)(a)   { - Nothing in - }  ORS 374.305   { - or - }
 { + and + } 374.310 { + , + } as such sections are amended by
chapter 497, Oregon Laws 1967,   { - shall be deemed to - }
 { + and section 3 of this 2011 Act do not + } affect any
approach road, structure, pipeline, ditch, cable or wire, or
other facility, thing or appurtenance lawfully placed or
constructed upon the right of way of any state highway or county
road prior to September 13, 1967.
  (b) Except as provided in paragraph (a) of this subsection,
private road crossings authorized by the Public Utility
Commission under ORS 374.205 to 374.260 (1965 Replacement Part)
are subject to ORS 374.305 to 374.330 after September 13, 1967.
  SECTION 6. ORS 374.335 is amended to read:
  374.335. Where any private road crosses or is crossed by a
public highway the driving of a motor vehicle across the public
highway or upon the public highway for a distance of not to
exceed 1,200 feet in the use of the private road   { - shall - }
 { +  is + } not   { - be - } subject to ORS 811.450, 815.155,
815.160, 815.170, 818.020, 818.060, 818.090, 818.110, 818.160,
818.300, 818.320, 818.340, 818.350, 818.400 and ORS chapter 825,
provided such vehicle or vehicle use is:
  (1) Subject to permit issued pursuant to ORS 374.310 { +  or
section 3 of this 2011 Act + } or a person authorized by such
permittee; or
  (2) A farm tractor or implement of husbandry.
  SECTION 7. ORS 374.990 is amended to read:
  374.990. In addition to the liability for expenses under ORS
374.307 and 374.320, violation of ORS 374.305 or of any rule or
regulation adopted under ORS 374.310 { +  or section 3 of this
2011 Act + } is a misdemeanor.
  SECTION 8.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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