ORS 374.331
Facility plans

  • rules

(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 ORS 374.334 (Access management strategy) 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 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)

Intentionally left blank —Ed.

(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 (Access Management Dispute Review Board).

(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 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), 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. [2013 c.476 §4]

Source: Section 374.331 — Facility plans; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors374.­html.

374.005
Policy and purpose of ORS 374.005 to 374.095
374.010
“Throughway” defined
374.015
Department of Transportation to establish and maintain throughways
374.020
Interference with railroad facilities prohibited
374.025
Change from throughway to highway
374.030
Separation of throughways into separate roadways
374.035
Acquisition of real property
374.040
Acquisition of land not immediately needed
374.045
Payment for land acquired
374.050
Parties bringing eminent domain proceedings
374.055
Evidentiary purposes of improvement plan
374.060
Power of Department of Transportation as to intersecting streets and roads
374.065
Intersection of throughways and county roads
374.070
Throughways in cities
374.075
Cooperation of municipal and county authorities with Department of Transportation
374.080
Agreements with federal government, counties and cities
374.085
Severance by throughway of agricultural land
374.090
Destruction by throughway of access to agricultural property
374.095
Utility roads where access to abutting property affected
374.300
Legislative intent
374.302
Definitions for ORS 374.302 to 374.334
374.305
Necessity of permission to build on rights of way
374.307
Removal or repair of installation constructed without permission
374.308
Presumption of written permission
374.309
County permits
374.310
State permits
374.311
Permit standards
374.312
Rules regarding permits for approach roads
374.313
Claim for relief after closure of approach road
374.314
Traffic impact analysis
374.315
Construction under permits
374.317
Approach road maintenance
374.320
Removal or repair of installation on right of way at expense of applicant
374.325
Effect of ORS 374.305 to 374.325
374.326
Collaboration with highway users
374.328
Highway classification
374.329
Agreements with cities
374.330
Prior status preserved
374.331
Facility plans
374.334
Access management strategy
374.335
Driving certain motor vehicles across public highway not considered operation on highway
374.340
Cattle crossings under public road
374.345
Rules regarding turning onto state highway from approach road
374.350
Process for appeal of decisions regarding access to highways
374.355
Dispute resolution procedures
374.360
Access Management Dispute Review Board
374.405
Access rights of property abutting on state highways
374.410
Department of Transportation to prescribe access rights of abutting property
374.415
Action to prevent entering or leaving state highways in manner not authorized
374.420
County throughways
374.425
County court to prescribe access rights of abutting property
374.430
Action to prevent entering or leaving county roads in unauthorized manner
374.990
Penalty for violation of ORS 374.305 or rule adopted under ORS 374.309 or 374.310
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