Bill Text: OR SB408 | 2013 | Regular Session | Enrolled
Bill Title: Relating to highway access management.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-07-02 - Effective date, January 1, 2014. [SB408 Detail]
Download: Oregon-2013-SB408-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 408
Sponsored by Senator JOHNSON; Representative DAVIS (Presession
filed.)
CHAPTER ................
AN ACT
Relating to highway access management; creating new provisions;
and amending ORS 374.313, 374.335 and 374.345.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5 of this 2013 Act are added to
and made a part of ORS 374.302 to 374.330. + }
SECTION 2. { + (1)(a) An owner of real property abutting a
state highway with an existing approach road is presumed to have
the Department of Transportation's written permission for the
approach road based upon documentation for a highway project
completed by the department that shows that the approach road was
built or rebuilt as part of the project or that the department
intended to issue an approach permit to the property owner for
the approach road.
(b) The department shall have the burden to establish that the
factual basis for the presumption in paragraph (a) of this
subsection does not exist.
(2)(a) An owner of real property abutting a state highway with
an approach road that was in existence before April 1, 2000, is
also presumed to have the department's written permission for the
approach road based upon documentation in any form that shows:
(A) That the approach road was in existence before July 16,
1949;
(B) That the approach road was in existence before the
department accepted jurisdiction of the highway from a city or
county; or
(C) That the approach road was built or rebuilt with the
department's knowledge or permission.
(b) The department shall have the burden to establish that the
factual basis for the presumption in paragraph (a) of this
subsection does not exist. The department may rebut the
presumption in paragraph (a) of this subsection by a showing that
there is insufficient documentation to determine whether the
approach road was built or rebuilt with the department's
knowledge or permission.
(3) Subsections (1) and (2) of this section apply only where
there is a right of access to the state highway.
(4) For approach roads presumed to have written permission
under this section, the determination of prior use for the
purposes of ORS 374.312 (4) and (5) is the use of the property on
the effective date of this 2013 Act.
Enrolled Senate Bill 408 (SB 408-A) Page 1
(5) Except as provided in this section, an approach road built
without the department's written permission is subject to removal
or reconstruction as provided in ORS 374.307.
(6) For purposes of ORS 374.302 to 374.330, 374.335 and
374.345, the presumption of written permission of the department
for an approach road is deemed to be an approach permit issued by
the department under ORS 374.310. + }
SECTION 3. { + An owner of real property abutting a state
highway with an existing approach road that is presumed to have
written permission under section 2 of this 2013 Act or that has
an approach permit under ORS 374.310 is responsible for the cost
and performance of maintaining the approach road, in accordance
with the Department of Transportation's requirements, from the
outermost edge of the highway pavement, shoulder or curb line to
the right-of-way line, and shall maintain all portions of the
approach road on the owner's property. + }
SECTION 4. { + (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 section 5 of this 2013 Act 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 chapter 197.
(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
Enrolled Senate Bill 408 (SB 408-A) Page 2
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. + }
SECTION 5. { + (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 section 4 of this 2013
Act, is created for a project, the facility plan must include a
Enrolled Senate Bill 408 (SB 408-A) Page 3
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. + }
SECTION 6. ORS 374.313 is amended to read:
374.313. (1) If the Department of Transportation closes an
approach road for which a permit was issued under ORS
374.310 { + or section 2 of this 2013 Act + } or that was
allowed by law prior to enactment of statutory permit
requirements for approach roads, or if the department denies an
application for an approach road permit submitted pursuant to a
grant or reservation of access contained in a contract,
condemnation judgment or recorded deed, and the closure or denial
is not the result of conditions contained in a contract,
condemnation judgment, recorded deed or permit, a person holding
an interest in the real property benefited by the access or
proposed access may file a claim for relief as a contested case
under ORS 183.415 to 183.500.
(2) Prior to issuing a final order in a contested case under
subsection (1) of this section, the Director of Transportation
may provide the opportunity for the parties to participate in
mediation consistent with the applicable provisions of ORS 36.185
to 36.210. In any alternative dispute resolution proceeding, the
director may authorize administrative remedies, including
monetary damages or other relief, as determined by the department
by rule, to address issues related to real property value,
utility or use.
(3) In any proceeding under this section, any party may cause
an appraisal of the subject property to be conducted. If the
difference in value between a property owner's claim and an offer
of monetary compensation by the department is less than $30,000,
the director shall provide a simplified procedure for resolving
the claim. The cost of conducting an appraisal may be shared by
the parties when a mutually acceptable appraiser can be
identified.
SECTION 7. ORS 374.335 is amended to read:
374.335. Where any private road crosses or is crossed by a
public highway { + , + } the { - driving - }
{ + operation + } of a motor vehicle across the public highway
or upon the public highway for a distance of not { - to
exceed - } { + more than + } 1,200 feet in the use of the
private road is not subject to ORS 811.450, 815.155, 815.160,
815.170, 818.020, 818.060, 818.090, 818.110, 818.160, 818.300,
Enrolled Senate Bill 408 (SB 408-A) Page 4
818.320, 818.340, 818.350, 818.400 and ORS chapter 825, provided
such vehicle or vehicle use is:
(1) Subject to a permit issued pursuant to ORS 374.309 or
374.310 { - or a person authorized by such permittee - } { +
or section 2 of this 2013 Act, or such vehicle or vehicle use is
authorized by the owner of the property subject to the
permit + }; or
(2) A farm tractor or implement of husbandry.
SECTION 8. ORS 374.345 is amended to read:
374.345. The Department of Transportation shall adopt rules
regulating the procedures and circumstances under which the
department may restrict turning movements onto a state highway
from an approach road for which a permit was issued under ORS
374.310 { + or section 2 of this 2013 Act + } when the
restriction is not required by contract, condemnation judgment,
recorded deed or permit.
SECTION 9. { + Sections 4 and 5 of this 2013 Act apply to
facility plans and access management strategies that are
initiated on or after the effective date of this 2013 Act. + }
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Passed by Senate March 11, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 13, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 408 (SB 408-A) Page 5
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 408 (SB 408-A) Page 6
