2007 Oregon Code - Chapter 366 :: title - 31 page - 1
TITLE 31
HIGHWAYS,
ROADS, BRIDGES AND FERRIES
Chapter 366. State Highways and
367. Transportation Financing; Projects
368. County Roads
369. Ways of Public Easement
371. Road Districts and Road Assessment Plans
372. Highway Lighting Districts
373. Roads and Highways Through Cities
374. Control of Access to Public Highways
376. Ways of Necessity;
377. Highway Beautification; Motorist
Information Signs
381. Interstate Bridges
382. Intrastate Bridges
383. Tollways
384. Ferries
390. State and
391. Mass Transportation
_______________
Chapter 366
State Highways and
2007 EDITION
STATE HIGHWAYS AND
HIGHWAYS, ROADS, BRIDGES AND FERRIES
GENERAL PROVISIONS
366.005 Definitions
366.010 County
court and road or highway defined
366.015 Hard
surfaced highways defined
366.112 Bicycle
lane and path advisory committee; members, terms, duties and powers; meetings
366.150 Bond
of director
366.155 Duties
and powers of department regarding highways; assistance to counties and State
Parks and Recreation Department
366.157 Program
for prevention and cleanup of litter and vandalism
366.158 Adopt-a-Highway
Program; rules
366.159 Vegetation
control permit; fee
366.165 Revolving
fund
POWERS AND DUTIES OF
366.205 Power
and authority of commission over highways; rules
366.210 Limit
on administration and engineering expenditure
FREIGHT ADVISORY COMMITTEE
366.212 Freight
Advisory Committee
STATE HIGHWAYS
366.215 Creation
of state highways; reduction in vehicle-carrying capacity
366.220 Creation
of state highway system
366.285 Location
of highways when in doubt; procedure
366.290 Adding
to or removing roads from state highway system; responsibility for construction
and maintenance
366.292 Consideration
of tolling prior to doing modernization project
366.295 Relocation
of highways
366.300 Treatment
of sections eliminated when highway relocated
366.305 Materials,
supplies and equipment
366.310 Buildings
and structures
366.315 Widths
of rights of way
366.317 Removal
of trees and shrubs; notice; application
366.320 Acquisition
of rights of way and right of access
366.321 Expense
of relocating municipal facilities payable by department; exceptions
366.323 Studies
to aid in relocating persons displaced by highway acquisition
366.324 Financial
assistance to persons displaced by highway acquisition; rules
366.325 Rights
of way through cemeteries
366.330 Acquisition
of land adjoining right of way
366.332 Definitions
for ORS 366.332 and 366.333
366.333 Acquisition
of utility real property; exchange of land for right of way
366.335 Acquisition
of railroad right of way; exchange of land therefor
366.337 Exchange
of certain parcels of land authorized
366.340 Acquisition
of real property generally
366.360 Taking
fee simple title
366.365 Going
upon private property
366.395 Disposition
or leasing of property; sale of forest products
366.400 Execution
of contracts
366.425 Deposit
of moneys for highway work
366.435 Auditing
and allowing claims
366.440 Payment
of employees
366.445 Repair
of damaged highways
366.450 Road
signs
366.455 Removing
unlawful signs and structures
366.460 Construction
of sidewalks within highway right of way
366.462 Construction
of fences on freeway overpasses
366.465 Gates
and stock guards
366.470 Agreements
with railroad companies for snow removal
366.480 Destruction
of vouchers
ROADSIDE REST AREAS
366.486 Construction
of roadside rest area facilities for persons with disabilities
366.487 Use
of roadside rest area rest rooms by persons with disabilities
366.490 Coffee
and cookies at roadside rest areas; rules
STATE HIGHWAY FUND
366.505 Composition
and use of highway fund
366.506 Highway
cost allocation study; purposes; design; report; use of report by Legislative
Assembly
366.507 Modernization
program; funding; conditions and criteria
366.508 Legislative
findings
366.510 Turning
over highway funds to State Treasurer
366.512 Collection
of certain registration fees for State Parks and Recreation Department Fund
366.514 Use
of highway fund for footpaths and bicycle trails
366.516 Incurring
obligations payable from anticipated revenues
366.517 Department
may determine certain accounting procedures
366.518 Expenditures
from highway fund to be reported, budgeted and limited to amounts budgeted
366.520 Expenses
in legalizing state highways
366.522
Appropriations
from highway fund for legislative interim committees
HISTORIC
366.550
366.551 Policy
366.552 Historic
road program for
366.553 Advisory
committee; members; duties; meetings
INTERGOVERNMENTAL HIGHWAY COOPERATION
366.556 Acceptance
of provisions of Acts of Congress
366.558 Contracting
with and submitting programs to federal government
366.560 Pledge
of state to match federal funds
366.562 Use
of highway fund to match federal moneys
366.564 Borrowing
to match federal moneys
366.566 Meeting
requirements of federal aid statutes
366.568 Using
highway funds to comply with federal aid statutes
366.570 Payments
under cooperative agreement with federal government
366.572 State
highway agreements with local governments
366.574 Intergovernmental
road maintenance agreement
366.576 Road,
highway or street agreements with local governments
366.578 Farm-to-market
roads
ALLOCATIONS TO COUNTIES AND CITIES
(Generally)
366.739 Allocation
of moneys to counties and cities generally
366.742 Repayment
of specified bonds; allocation of moneys not needed for repayment
366.744 Allocation
of moneys from specified increases in title and registration fees and in truck
taxes and fees; restrictions on expenditure by
366.747 Allocation
of moneys from specified increases in fees
366.749 Allocation
of moneys resulting from increase in numbers of vehicle registrations, titles
and trip permits due to specified actions by vehicle dealers and persons
engaged in towing
(Counties)
366.762 Appropriation
from highway fund for counties
366.764 Basis
of allocation of appropriation to counties
366.766 Remitting
appropriation to counties
366.768 Advances
from highway fund to county
366.772 Allocation
of moneys to counties with road funding deficit
366.774 Authorized
use of allocation to counties; report by counties to Legislative Assembly
(Cities)
366.785 Definitions
for ORS 366.785 to 366.820
366.790 Authorized
use of appropriation to cities; report by cities to Legislative Assembly
366.800 Appropriation
from highway fund for cities; amount and source
366.805 Allocation
of appropriation to cities
366.810 Payment
of appropriation to cities
366.815 City
to establish state tax street fund; accumulations
366.820 Limit
to application of ORS 366.785 to 366.815
MISCELLANEOUS PROVISIONS
366.905 Old
Oregon Trail designation
366.906
366.907 Findings
and declarations concerning Highway 101
366.910 End
of Lewis and Clark Trail
366.915 Authorization
to remove
GENERAL PROVISIONS
366.005
Definitions. As used in this
chapter and in ORS chapter 367, unless the context requires otherwise:
(1) Chief engineer or engineer means
the person designated by the director under ORS 184.628.
(2) Commission means the Oregon
Transportation Commission.
(3) Department means the Department of
Transportation.
(4) Director means the Director of
Transportation.
(5) Federal funds means any funds
provided by the United States for cooperative road work with states, counties,
cities or other municipal subdivisions of the state under Acts of Congress
enacted for those purposes.
(6) Highway means every public way,
road, street, thoroughfare and place, including bridges, viaducts and other
structures within the boundaries of this state, open, used or intended for use
of the general public for vehicles or vehicular traffic as a matter of right.
(7) Highway fund means the State Highway
Fund.
(8) State highway means any road or
highway designated as such by law or by the
(9) This Act means this chapter and ORS
105.760, 373.010, 373.015, 373.020 and 373.030. [Amended by 1969 c.599 §16;
1973 c.249 §28; 1979 c.186 §8; 1989 c.904 §34; 1993 c.741 §34; 2003 c.618 §44]
366.010
County court and road or highway defined. As used in this Act:
(1) County court includes all county
officers or boards charged by law with the duty of building, constructing, repairing,
altering or maintaining roads or bridges, or both.
(2) Road or highway includes necessary
bridges and culverts, and city streets, subject to such restrictions and
limitations as are provided.
366.015
Hard surfaced highways defined. As used in all highway Acts, hard surfaced highways means any state
road or highway constructed and surfaced or to be constructed and surfaced with
such materials or combinations of materials as to produce what is commonly
known or styled pavement, and not such construction or surfacing as is
commonly known as macadam.
366.105 [Amended by 1969 c.599 §17; 1971 c.598 §1;
1973 c.249 §29; 1979 c.186 §9; repealed by 1993 c.741 §147]
366.110 [Amended by 1969 c.314 §29; repealed by 1973
c.249 §91]
366.112
Bicycle lane and path advisory committee; members, terms, duties and powers;
meetings. (1) There is
created in the Department of Transportation an advisory committee to be
appointed by the Governor to advise the department regarding the regulation of
bicycle traffic and the establishment of bicycle lanes and paths. The committee
shall consist of eight members including an employee of a unit of local
government employed in land use planning, a representative of a recognized
environmental group, a person engaged in the business of selling or repairing
bicycles, a member designated by the Oregon Recreation Trails Advisory Council,
and at least one member under the age of 21 at the time of appointment. Members
of the advisory committee shall be entitled to compensation and expenses as
provided by ORS 292.495.
(2) The members shall be appointed to
serve for terms of four years each. A vacancy on the committee shall be filled
by appointment by the Governor for the unexpired term.
(3) The committee shall meet regularly
four times a year, at times and places fixed by the chairperson of the
committee. The committee may meet at other times upon notice by the chairperson
or three members of the committee. The department shall provide office space
and personnel to assist the committee as requested by the chairperson, within
the limits of available funds. The committee shall adopt rules to govern its
proceedings and may select officers it considers necessary. [1973 c.716 §1;
1993 c.741 §35]
Note: 366.112 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 366 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
366.115 [Repealed by 1973 c.249 §91]
366.120 [Repealed by 1973 c.249 §91]
366.125 [Repealed by 1973 c.249 §91]
366.130 [Repealed by 1971 c.418 §23]
366.135 [Amended by 1953 c.129 §2; repealed by 1973
c.249 §91]
366.140 [Amended by 1953 c.129 §2; repealed by 1973
c.249 §91]
366.145 [Amended by 1971 c.598 §2; 1973 c.249 §30;
1979 c.186 §10; repealed by 1993 c.741 §147]
366.150
Bond of director. The
Director of Transportation shall furnish a fidelity bond executed by a company
duly licensed to transact the business of surety within this state, in such
penal sum, not less than $200,000, as the Oregon Transportation Commission
shall determine. The bond shall be conditioned for the faithful discharge by
the director of the duties of office, for the faithful performance by all
persons employed by the director of their duties and trusts therein and for the
transfer and delivery to the directors successor in office, or to any other
person authorized by law to receive the same, of all moneys, books, papers,
records and other articles and effects belonging to the office. The premium for
the bond shall be paid out of highway funds. [Amended by 1971 c.598 §3; 1973
c.249 §31]
366.155
Duties and powers of department regarding highways; assistance to counties and
State Parks and Recreation Department. (1) The Department of Transportation shall, among other things:
(a) So far as practicable, compile
statistics relative to the public highways of the state and collect all
information in regard thereto which the Director of Transportation may deem
important or of value in connection with highway location, construction,
maintenance, improvement or operation.
(b) Keep on file in the office of the
department copies of all plans, specifications and estimates prepared by the
department.
(c) Make all necessary surveys for the
location or relocation of highways and cause to be made and kept in the
department a general highway plan of the state.
(d) Collect and compile information and
statistics relative to the mileage, character and condition of highways and
bridges in the different counties in the state, both with respect to state and
county highways.
(e) Investigate and determine the methods
of road construction best adapted in the various counties or sections of the
state, giving due regard to the topography, natural character and availability
of road-building materials and the cost of building and maintaining roads under
this Act.
(f) Prepare surveys, plans, specifications
and estimates for the construction, reconstruction, improvement, maintenance
and repair of any bridge, street, road and highway. In advertising for bids on
any such project the director shall invite bids in conformity with such plans
and specifications.
(g) Keep an accurate and detailed account
of all moneys expended in the location, survey, construction, reconstruction,
improvement, maintenance or operation of highways, roads and streets, including
costs for rights of way, under this Act, and keep a record of the number of
miles so located, constructed, maintained or operated in each county, the date of
construction, the width of such highways and the cost per mile for the
construction and maintenance of the highways.
(h) Upon request of a county governing
body, assist the county on matters relating to road location, construction or
maintenance. Plans and specifications for bridges or culverts that are provided
under this paragraph shall be provided without cost to the 10 counties with the
lowest dedicated county road funding, as defined in ORS 366.772. Standard
specifications for road projects shall be provided without cost to all
counties. The Department of Transportation shall determine an amount to be
charged for assistance under this paragraph in establishing specifications and
standards for roads under ORS 368.036. The costs of assistance not specifically
provided for under this paragraph shall be paid as provided by agreement
between the county governing body and the director.
(i) Upon request of the State Parks and
Recreation Department, assist the State Parks and Recreation Department in
evaluating the potential need for construction, reconstruction, improvement,
maintenance or operation of highways, roads and streets that would result if
the State Parks and Recreation Commission acquired and developed a new historic
site, park or recreation area under the criteria established pursuant to ORS
390.112 or any other criteria for acquisition established by the State Parks
and Recreation Commission.
(2) The director may require duties with
respect to audits and accounting procedures provided for in this section and
ORS 366.165 to be performed and responsibilities to be assumed by the fiscal
officer of the department appointed under ORS 184.637.
(3) In carrying out the duties set forth
in this section, the director shall act in a manner that is consistent with the
goal set forth in ORS 468B.155. [Amended by 1967 c.454 §33; 1971 c.598 §4; 1973
c.249 §32; 1981 c.153 §60; 1989 c.345 §6; 1989 c.833 §49; 1993 c.741 §36; 1995
c.79 §201; 1999 c.1038 §1; 2003 c.618 §22]
366.157
Program for prevention and cleanup of litter and vandalism. The Department of Transportation shall
administer a program for the employment of youth in the prevention and cleanup
of litter and vandalism. [Formerly 802.080; 2007 c.667 §5]
366.158
Adopt-a-Highway Program; rules.
(1) The Department of Transportation shall administer a program aimed toward
beautifying and cleaning state roadsides. The program shall include public
informational activities, but shall be directed primarily toward encouraging
and facilitating involvement of volunteer groups in litter cleanup work, each
group on a specific section of highway. The program shall be called the
(2) An agreement entered into between the
department and a volunteer group pursuant to subsection (1) of this section
shall include but need not be limited to:
(a) Identification of the designated
section of highway. The volunteer group may request a specific section of
highway it wishes to adopt, but the assignment shall be at the discretion of
the department.
(b) Specification of the duties of the
volunteer group. The group shall remove litter along the designated section of
highway at least four times each year.
(c) Specification of the responsibilities
of the volunteer group. The group shall agree to abide by all rules related to
the program that are adopted by the department.
(d) Duration of the agreement. The
volunteer group may contract to care for the designated section of highway for
one, two or three years.
(3) A sign identifying the group and
recognizing the groups contribution shall be placed by the department at each
end of the section of highway adopted by the group unless the department
determines that doing so would be unsafe to persons using the highway.
(4) The department shall provide
reflective vests, garbage bags and highway signs for the participating
volunteer groups. [1991 c.486 §2]
366.159
Vegetation control permit; fee.
(1) The Department of Transportation may issue a vegetation control permit to a
person who holds a sign permit issued pursuant to ORS 377.700 to 377.840. A
vegetation control permit authorizes the holder of the permit to control
vegetation in the right of way of a state highway, in accordance with the
provisions of this section, in order to keep the sign visible to the traveling
public.
(2) The department may not issue a vegetation
control permit for a scenic area as defined in ORS 377.505.
(3) The department may not issue a
vegetation control permit for the right of way of a portion of state highway
that is access controlled, or for which access rights have not accrued to the
abutting property unless:
(a) Access to the right of way is from the
abutting property; and
(b) The access does not breach, violate,
destroy or otherwise diminish the effectiveness or purpose of fences or other
physical barriers to the right of way.
(4) The department may charge a fee to the
person issued a vegetation control permit under this section. The amount of the
fee shall be determined by the department and shall be designed to recover the
cost to the department of issuing the permit. [2001 c.508 §7]
366.160 [Amended by 1967 c.454 §34; 1971 c.598 §5;
1973 c.249 §33; 1979 c.186 §11; repealed by 1989 c.345 §7; 1991 c.486 §2]
366.165
Revolving fund. (1) The
revolving fund in the amount of $400,000 established by warrant drawn on any
fund belonging to the state highway funds in favor of the Director of
Transportation is continued.
(2) The revolving fund shall be deposited
with the State Treasurer. The fund shall be at the disposal of the director.
The director may designate persons authorized to pay claims from the fund and
shall specify the maximum amount of money each designee may draw from the fund.
The fund may be used:
(a) To pay salaries, travel expenses,
compensation or payments for real property purchased or otherwise acquired, and
emergency claims; or
(b) To secure or take advantage of trade
discounts and to pay for services, materials and capital outlay.
(3) All vouchers for claims paid from the
fund shall be approved by the director and audited by the fiscal officer of the
Department of Transportation. When claims are so approved and audited, warrants
covering them shall be drawn in favor of the director and shall be used by the
director to reimburse the fund. [Amended by 1957 c.9 §1; 1967 c.454 §35; 1969
c.87 §1; 1971 c.598 §6; 1973 c.249 §34; 1979 c.186 §12; 1987 c.265 §1; 1993
c.741 §37]
366.170 [Amended by 1973 c.249 §35; repealed by 1993
c.741 §147]
366.175 [Amended by 1959 c.611 §1; renumbered
390.120]
366.180 [Amended by 1959 c.611 §2; renumbered
390.130]
366.182 [1959 c.611 §§5,6; renumbered 390.140]
366.183 [1959 c.611 §7; renumbered 390.150]
366.185 [1957 c.635 §2; 1971 c.481 §11a; 1971 c.598 §7;
1973 c.249 §36; repealed by 1979 c.186 §30]
POWERS AND
DUTIES OF
366.205
Power and authority of commission over highways; rules. (1) The Oregon Transportation Commission has
general supervision and control over all matters pertaining to the selection,
establishment, location, construction, improvement, maintenance, operation and
administration of state highways, the letting of contracts therefor, the
selection of materials to be used therein and all other matters and things
considered necessary or proper by the commission for the accomplishment of the
purposes of this Act.
(2) The commission has full power to carry
out the provisions of and may make such rules as it considers necessary for the
accomplishment of the purposes of this Act, as defined in ORS 366.005.
(3) The Director of Transportation, as
authorized by the commission, shall appoint such officials and do any other act
or thing necessary to fully meet the requirements of ORS 366.510. [Amended by
1963 c.601 §1; 1965 c.368 §6; 1973 c.249 §37; 1975 c.436 §8; 1985 c.565 §64;
1989 c.904 §35; 1993 c.741 §38]
366.210
Limit on administration and engineering expenditure. The total cost in any one year for
administration and engineering of highway construction shall not exceed 10
percent of the total funds available to the Department of Transportation during
that year for its highway activities. [Amended by 1973 c.249 §38; 1993 c.741 §39]
FREIGHT
ADVISORY COMMITTEE
366.212
Freight Advisory Committee.
(1) There is created the Freight Advisory Committee to be appointed by the
Director of Transportation to advise the director and the Oregon Transportation
Commission regarding issues, policies and programs that impact multimodal
freight mobility in
(2) The director shall have discretion to
determine the number of committee members and the duration of membership. The
committee membership shall include, but not be limited to, representatives from
the shipping and carrier industries, the state, local governments and ports,
including the
(3) The committee shall:
(a) Elect a chairperson and a vice
chairperson.
(b) Meet at least four times a year.
(c) Provide input on statewide and
regional policies and actions that impact freight mobility.
(d) Provide input on the development of
policy and planning documents that impact freight mobility.
(e) Advise the commission and regionally
based advisory groups about the Statewide Transportation Improvement Program
and the programs consideration and inclusion of highest priority multimodal
freight mobility projects in each Department of Transportation region.
(4) The committee may make recommendations
for freight mobility projects to the commission. In making the recommendations,
the committee shall give priority to multimodal projects.
(5) The Department of Transportation shall
provide policy and support staff to the committee. The department shall also
provide other personnel to assist the committee as requested by the chairperson
and within the limits of available funds. [2001 c.240 §2; 2003 c.618 §46]
STATE
HIGHWAYS
366.215
Creation of state highways; reduction in vehicle-carrying capacity. (1) The Oregon Transportation Commission may
select, establish, adopt, lay out, locate, alter, relocate, change and realign
primary and secondary state highways.
(2) Except as provided in subsection (3)
of this section, the commission may not permanently reduce the vehicle-carrying
capacity of an identified freight route when altering, relocating, changing or
realigning a state highway unless safety or access considerations require the
reduction.
(3) A local government, as defined in ORS
174.116, may apply to the commission for an exemption from the prohibition in
subsection (2) of this section. The commission shall grant the exemption if it
finds that the exemption is in the best interest of the state and that freight
movement is not unreasonably impeded by the exemption. [Amended by 1977 c.312 §2;
2003 c.618 §38]
366.220
Creation of state highway system. (1) The Oregon Transportation Commission may select, establish,
designate, construct, maintain, operate and improve or cause to be constructed,
maintained, operated and improved a system of state highways within the state,
which highways shall be designated by name and by the point of beginning and
terminus thereof. The system of state highways shall include such other
highways as may from time to time be selected and adopted by the commission
pursuant to law and all highways adopted and classified as secondary state
highways which are subject to and qualified for construction, improvement,
betterment and maintenance as are other state highways.
(2) The commission may classify and
reclassify the highways comprising the state highway system as primary and
secondary highways. Secondary highways may consist of newly established
highways, reclassified primary highways and county roads selected pursuant to
ORS 366.290. [Amended by 1953 c.252 §2; 1977 c.312 §3]
366.225 [Amended by 1953 c.252 §2; 1957 c.123 §1;
repealed by 1977 c.312 §4]
366.226 [Amended by 1953 c.252 §2; 1957 c.123 §2;
repealed by 1977 c.312 §4]
366.227 [Amended by 1953 c.252 §2; 1957 c.123 §3;
repealed by 1977 c.312 §4]
366.228 [Amended by 1957 c.123 §4; repealed by 1977
c.312 §4]
366.229 [Repealed by 1977 c.312 §4]
366.230 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.231 [Repealed by 1977 c.312 §4]
366.232 [Amended by 1953 c.252 §2; 1957 c.123 §5;
repealed by 1977 c.312 §4]
366.233 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.234 [Repealed by 1977 c.312 §4]
366.235 [Amended by 1957 c.123 §6; repealed by 1977
c.312 §4]
366.236 [Repealed by 1977 c.312 §4]
366.237 [Amended by 1955 c.6 §1; repealed by 1977
c.312 §4]
366.238 [Amended by 1953 c.252 §2; 1957 c.123 §7;
1959 c.202 §1; repealed by 1977 c.312 §4]
366.239 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.240 [Repealed by 1977 c.312 §4]
366.241 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.242 [Amended by 1953 c.252 §2; 1957 c.123 §8;
repealed by 1977 c.312 §4]
366.243 [Repealed by 1977 c.312 §4]
366.244 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.245 [Repealed by 1977 c.312 §4]
366.246 [Repealed by 1977 c.312 §4]
366.247 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.248 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.249 [Repealed by 1977 c.312 §4]
366.250 [Repealed by 1977 c.312 §4]
366.251 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.252 [Amended by 1957 c.123 §9; repealed by 1977
c.312 §4]
366.253 [Repealed by 1977 c.312 §4]
366.254 [Repealed by 1977 c.312 §4]
366.255 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.256 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.257 [Amended by 1953 c.252 §2; 1957 c.123 §10;
repealed by 1977 c.312 §4]
366.258 [Repealed by 1977 c.312 §4]
366.259 [Repealed by 1977 c.312 §4]
366.260 [Amended by 1953 c.252 §2; 1957 c.123 §11;
repealed by 1977 c.312 §4]
366.261 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.262 [Repealed by 1977 c.312 §4]
366.263 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.264 [Repealed by 1977 c.312 §4]
366.265 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.266 [Repealed by 1977 c.312 §4]
366.267 [Repealed by 1977 c.312 §4]
366.268 [Repealed by 1977 c.312 §4]
366.269 [Repealed by 1977 c.312 §4]
366.270 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.271 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.272 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.273 [Amended by 1953 c.252 §2; 1957 c.123 §12;
repealed by 1977 c.312 §4]
366.274 [Repealed by 1977 c.312 §4]
366.275 [Repealed by 1977 c.312 §4]
366.276 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.277 [Amended by 1953 c.252 §2; 1957 c.123 §13;
repealed by 1977 c.312 §4]
366.278 [Amended by 1953 c.252 §2; repealed by 1977
c.312 §4]
366.279 [1953 c.252 §3; repealed by 1977 c.312 §4]
366.280 [1953 c.252 §4; repealed by 1977 c.312 §4]
366.281 [1953 c.252 §5; repealed by 1957 c.123 §14]
366.282 [1953 c.252 §6; repealed by 1957 c.123 §14]
366.283 [1953 c.252 §7; repealed by 1957 c.123 §14]
366.284 [1953 c.252 §8; repealed by 1977 c.312 §4]
366.285
Location of highways when in doubt; procedure. (1) The Department of Transportation may
locate, relocate, define, establish, reestablish and confirm the extension,
location and establishment of primary and secondary state highways where:
(a) By reason of loss or destruction of
field notes of the original surveys made by the county when such roads or
highways were laid out and established by the county, defective or incomplete
surveys or records, or destroyed monuments or marks, the exact original
location and boundary cannot be found or ascertained.
(b) For any reason the exact location and
right of way lines are in doubt or are challenged.
(2) In exercising the authority under
subsection (1) of this section the procedure afforded the county with respect
to public roads under ORS 368.201 to 368.221 may be followed by the department.
[Amended by 1981 c.153 §61]
366.290
Adding to or removing roads from state highway system; responsibility for construction
and maintenance. (1) The
Department of Transportation may select, locate, establish, designate, improve
and maintain out of the highway fund a system of state highways, and for that
purpose may, by mutual agreement with several counties, select county roads or
public roads. By an appropriate order entered in its records the department may
designate and adopt such roads as state highways. Thereafter the construction,
improvement, maintenance and repair of such roads shall be under the
jurisdiction of the department.
(2) In the selection of highways or roads
to comprise the state highway system the department shall give consideration to
and shall select such county roads or public roads as will contribute to and
best promote the completion of an adequate system of state highways.
(3) With the written consent of the county
in which a particular highway or part thereof is located, the department may,
when in its opinion the interests of the state will be best served, eliminate
from the state highway system any road or highway or part thereof. Thereafter
the road or highway or part thereof eliminated shall become a county road or
highway, and the construction, repair, maintenance or improvement, and
jurisdiction over such highway shall be exclusively under the county in which
such highway or road is located.
(4) The construction, maintenance and
repair of state highways shall be carried on at the sole expense of the state
or at the expense of the state and the county by mutual agreement between the
department and the county in which any particular state highway is located. [Amended
by 1953 c.252 §2; 1979 c.223 §1]
366.292
Consideration of tolling prior to doing modernization project. Before proceeding with a modernization
project, or a series of modernization projects on a single highway, that might
result in a segment of highway to which tolling could reasonably be applied,
the Department of Transportation shall determine what portion of the costs of
construction and maintenance could be recovered through tolls on users of the
project. The toll potential of a modernization project shall be considered
among other factors in determining which modernization projects should be
included in the Statewide Transportation Improvement Program, with those
projects with the greater potential to be self-funded through tolls ranking
higher. A determination under this section may be based on assumptions that a
single toll would be imposed or on assumptions that tolls would be imposed that
vary depending on time of day or any other condition the department deems
relevant. [1999 c.1072 §2]
366.295
Relocation of highways. The
Oregon Transportation Commission may make such changes in the location of highways
designated and adopted by the commission, as in the judgment and discretion of
the commission will result in better alignment, more advantageous and
economical highway operation and maintenance, or as will contribute to and
afford a more serviceable system of state highways than is possible under the
present location. [Amended by 1977 c.312 §1]
366.300
Treatment of sections eliminated when highway relocated. (1) Whenever the Department of
Transportation relocates or realigns a state highway or a section thereof, and
by reason of such relocation or realignment there is eliminated from the
original route of the highway a section thereof, the eliminated section shall,
if needed for the service of persons living thereon or for a community served
thereby, be maintained by the department at state expense, or by the county or
by the state and the county on such terms and conditions as may be agreed upon.
(2) If such eliminated sections of old
right of way, or any part thereof, in the judgment of the department, are
needed or valuable for public road use, then the department shall, by
appropriate action, declare the purpose of the department to preserve the same
for public road use.
(3) If the department determines under
subsection (2) of this section that the eliminated sections are merely parts of
the old right of way which are no longer needed or valuable for highway right
of way purposes or any other public road use, then if such eliminated sections
are not owned by the department in fee, the department shall abandon such
eliminated sections and such sections shall, except as otherwise provided in
this section, revert to and title thereto shall vest in the abutting owner or
owners.
(4) Nothing in this section shall impair
vested rights of property owners under existing deeds, easements or contracts
whereby the state or any county acquired such rights of way. This section shall
not prevent the department from contracting for the acquisition of easements or
rights of way on such terms and conditions as to abandonment and reverter as it
may consider advisable under the conditions then existing. [Amended by 1985
c.259 §1]
366.305
Materials, supplies and equipment. The Department of Transportation may select the materials to be used
in the construction, maintenance and operation of state highways. It may
purchase or contract for, independent of any particular job, improvement or
highway project, whether done by contract, force account or otherwise, any
material, supplies or equipment deemed necessary for carrying out the
provisions and purposes of this Act in such amounts and manner and pursuant to
such method as in the judgment of the department will be for the best interests
of the state.
366.310
Buildings and structures.
The Department of Transportation may construct, equip, furnish and maintain
office accommodations, shops, equipment sheds, storage plants and warehouses,
snow fences, patrolmen quarters or accommodations and any other building,
structure or thing deemed necessary for the efficient administration of the
duties of the department and which in the opinion of the department are
required for the proper and adequate accomplishment of the purposes of this
Act.
366.315
Widths of rights of way. The
Department of Transportation may determine the widths of rights of way for all
state highways.
366.317
Removal of trees and shrubs; notice; application. When the construction, expansion or
improvement of a state highway as defined in ORS 366.005 would otherwise
clearly and certainly cause the destruction of trees and shrubs which in the
judgment of the engineer or the designee of the engineer may be removed in
safety, the Department of Transportation shall:
(1) Prior to their destruction, cause
notice to be placed in a newspaper of general distribution in the locality in
which these trees and shrubs are located that these trees and shrubs may be
destroyed, and that application may be made to the department at a specific
time and place to remove these trees and shrubs for transplanting; and
(2) Permit the removal of these trees and
shrubs by those making application to do so. [1975 c.414 §1]
366.320
Acquisition of rights of way and right of access. (1) The Department of Transportation may
acquire rights of way deemed necessary for all primary and secondary state
highways, both within and without the corporate limits of cities and towns,
except that such rights of way within the corporate limits of cities and towns
may be acquired at the sole expense of the state, at the expense of the city or
town or at the expense of the city or town and the state, as may be mutually
agreed upon.
(2) The department may acquire by
purchase, agreement, donation or by the exercise of the power of eminent
domain, real property or any right or interest therein deemed necessary for
rights of way, either for original location or for widening, straightening or
otherwise changing any highway, road or street. The department may, when
acquiring real property for right of way, acquire all right of access from
abutting property to the highway to be constructed, relocated or widened.
(3) All rights of way owned or held by the
several counties over and along any roads adopted as state highways are vested
in the state, by and through the department. This subsection does not apply to
any rights of way owned by any city for city streets. [Amended by 1953 c.252 §2]
366.321
Expense of relocating municipal facilities payable by department; exceptions. (1) When location, construction, relocation,
reconstruction, maintenance or repair of a state highway requires relocation of
any facilities placed or maintained in or on a public right of way by any
municipal corporation, or a district or authority established under ORS chapter
264, 450, 451, 523 or 545, the Department of Transportation shall pay the
municipal corporation, district or authority whose facilities are so required
to be relocated the reasonable expenses of relocation, less any benefits and
salvage of the relocation.
(2) Subsection (1) of this section shall
not apply to:
(a) Facilities located in or on the right
of way of a state highway under permits issued by the department upon the
condition that the permittee would bear the cost of any relocation; or
(b) Facilities located in or on the right
of way of a state highway where the municipal corporation, district or
authority established under ORS chapter 264, 450, 451 or 545, has placed such
facilities in or on the right of way of the state highway without a permit from
the Oregon Transportation Commission or has refused to execute a permit as
required by law or commission regulations. However, this paragraph shall not
apply where such municipal corporation, district or authority has located
facilities in or on the right of way of a city street or county road with the
permission of the governing body of such city or county before such city street
or county road was selected and designated a state highway by the Department of
Transportation pursuant to ORS 366.290 or 373.010. [1967 c.272 §1; 1975 c.587 §1;
1975 c.782 §51a]
366.323
Studies to aid in relocating persons displaced by highway acquisition. When plans of the Department of
Transportation projected for one year involve acquisition of properties in any
city which will require removal of 25 or more dwelling units, businesses or institutions,
the Department of Transportation shall make a study of the persons residing on
or maintaining businesses or institutions on property scheduled for highway
acquisition. Such studies shall be kept current until the premises required for
highway acquisition are vacated. The department shall obtain such other
information as it finds appropriate to aid in the relocation of persons
displaced by the highway acquisition, and may extend its studies beyond city
boundaries when the highway acquisition will involve dwellings, businesses or
institutions within three miles of a city boundary. Such information shall be
made available to the persons displaced and to other persons who may provide or
assist in providing new locations. This section shall apply whether the highway
acquisitions will be paid for in whole or in part from state funds either
directly or by reimbursement. The Department of Transportation may contract
with any governmental subdivision or agency, or with private concerns to make
and maintain such studies, or may employ necessary assistants therefor. [1959
c.648 §1; 1963 c.187 §1]
366.324
Financial assistance to persons displaced by highway acquisition; rules. (1) When federal funds are available for
payment of direct financial assistance to persons displaced by highway
acquisition, the Department of Transportation may match such federal funds to
the extent provided by federal law and to provide such direct financial
assistance in the instances and on the conditions set forth by federal law and
regulations.
(2) When federal funds are not available
or used for payment of direct financial assistance to persons displaced by
department acquisition of property, the department may provide direct financial
assistance to such persons. Financial assistance authorized by this subsection
shall not exceed the total amount that would have been payable under subsection
(1) of this section if federal funds had been available or used. The department
may adopt rules and regulations to carry out the provisions of this subsection.
[1959 c.648 §2; 1963 c.187 §2; 1965 c.222 §1]
366.325
Rights of way through cemeteries. The Department of Transportation may acquire by purchase, agreement,
donation or by exercise of the power of eminent domain, real property for right
of way through a cemetery, except that the department has no authority to
acquire any such real property by exercise of the power of eminent domain if
within the area sought to be taken there are graves which would be disturbed by
the location and construction of a highway. The department may acquire by
purchase, agreement, donation or exercise of the power of eminent domain, real
property contiguous to the cemetery, and may convey such real property to the
cemetery association or the owners of the cemetery in exchange for the property
sought to be acquired for right of way purposes, but such authority shall not
be exercised unless and until the owners of the cemetery agree in writing to
the exchange of lands.
366.330
Acquisition of land adjoining right of way. The Department of Transportation may, when acquiring real property for
right of way purposes, acquire additional real property adjoining the real
property sought to be acquired for the particular public project if such
additional and adjoining real property is needed for the purpose of moving and
establishing thereon buildings or other structures then established on real
property required for right of way purposes. The acquisition of the abutting,
additional real property may be accomplished by purchase, agreement, donation
or exercise of the power of eminent domain. Such real property can be acquired
only in the event that the owner of the real property required for right of way
purposes and on which there is then located buildings or other structures, has
entered into a written agreement with the department providing for and
consenting to the removal and reestablishment of the buildings or structures on
the additional, abutting real property.
366.332
Definitions for ORS 366.332 and 366.333. As used in this section and ORS 366.333:
(1) Real property includes any right,
title or interest in real property.
(2) Utility means any corporation,
including municipal or quasi-municipal corporation, company, individual,
association of individuals, lessee, trustee or receiver, that owns, operates,
manages or controls all or part of any plant or equipment in this state,
whether or not such plant or equipment or part thereof is wholly within or
outside any city, which plant or equipment is used, directly or indirectly:
(a) For the conveyance of telegraph or
telephone messages, with or without wires;
(b) For the transportation of water, gas
or petroleum products by pipelines;
(c) For the production, transmission,
delivery or furnishing of heat, light, water, power, electricity or electrical
impulses; or
(d) For the transmission and delivery of
television pictures and sound by cables. [1965 c.382 §2]
366.333
Acquisition of utility real property; exchange of land for right of way. (1) If real property upon which utility
facilities are located is necessary for city street, public road or state
highway location, relocation, construction, reconstruction, betterment or
maintenance, and any portion of the real property is likewise required by the
utility for the proper operation of its business, but the utility is willing to
convey the real property to the state for city street, public road or state
highway purposes in exchange for other real property within a reasonable
distance, the state, through the Department of Transportation, may acquire by
purchase, agreement or by the exercise of the power of eminent domain, other
real property, except that of another utility, within a reasonable distance.
After having acquired such real property, the state, through the department,
may convey it to the utility in exchange for the real property required from
the utility for city street, public road or state highway purposes. The
difference in the value of the respective real properties shall be considered
by the department in making the exchange.
(2) ORS 366.332 and this section do not
vest in any utility any right, title or interest in any city street, public
road, state highway or other public property. [1965 c.382 §§3,4]
366.335
Acquisition of railroad right of way; exchange of land therefor. (1) Whenever in the location, relocation,
construction or betterment of any highway within the state, it is deemed
necessary to locate, relocate or construct the highway, or any part thereof,
upon the right of way of any railroad company, the state, through the
Department of Transportation, may negotiate and agree with the railroad company
for the right to use or occupy the right of way, or so much thereof as is
necessary for highway purposes.
(2) In case no satisfactory agreement can
be effected, then the state, through the department, may acquire the right of
way by exercise of the power of eminent domain, and for that purpose may
commence and prosecute condemnation proceedings to acquire the right to the use
and occupancy of sufficient of the railroad right of way for highway purposes.
(3) Nothing in subsection (2) of this
section authorizes the use or occupancy of the railroad right of way which
would interfere with the operation of the railroad or its necessary
appurtenances, taking into consideration the use of the railroad right of way
by the company for yards, terminals, station grounds and necessary additional
trackage, or which would jeopardize the safety of the public.
(4) In the event that the right of way or
property of any railroad company in the state required or needed for state
highway location, relocation, construction or betterment, and any portion of
the property or right of way is likewise needed and required by the railroad
company for the proper operation of its trains and the usual and ordinary
conduct of its business, but which property or land the railroad company is
willing to deed to the state for highway purposes in exchange for a like amount
of land within a reasonable distance, the state, through the department, may
acquire by purchase, agreement or by exercise of the power of eminent domain,
an equal amount of land or property within a reasonable distance. After having
acquired such land or property, the state, through the department, may convey
the same to the railroad company in exchange for the land or property needed
and required from the railroad company for highway purposes. The difference in
the value of the respective parcels of land shall be considered by the
department in making the exchange. [Amended by 1965 c.383 §1; 1999 c.59 §100]
366.337
Exchange of certain parcels of land authorized. The Department of Transportation, in the
name of the State of Oregon, hereby is authorized to convey to any person, firm
or corporation all or parts of the real properties described in section 1 of
chapter 21, Oregon Laws 1953, in exchange for other real properties in close
proximity thereto which, in the judgment of the department, are of equal or
superior useful value for public use. [1953 c.21 §2]
366.340
Acquisition of real property generally. The Department of Transportation may acquire by purchase, agreement,
donation or by exercise of the power of eminent domain real property, or any
right or interest therein, including any easement or right of access, deemed
necessary for:
(1) Construction of shops, equipment
sheds, office buildings, maintenance sites, patrolmen accommodations, snow
fences, quarry sites, gravel pits, storage sites, stock pile sites, weighing
stations and broadcasting stations.
(2) Appropriation, acquisition or
manufacture of road-building materials, approach or hauling roads, connecting
roads, frontage road, highway drainage and drainage tunnels.
(3) Maintenance of an unobstructed view of
any state highway so as to provide for the safety of the traveling public.
(4) Any other use or purpose deemed
necessary for carrying out the purposes of this Act.
(5) Elimination or prevention of hazardous
or undesirable points of entry from adjacent property to state highways. [Amended
by 1953 c.252 §2]
366.345 [Amended by 1957 c.392 §1; 1963 c.601 §2;
renumbered 390.110]
366.350 [Amended by 1959 c.611 §3; 1963 c.601 §3;
renumbered 390.160]
366.355 [Renumbered 390.210]
366.360
Taking fee simple title. In
all cases where title to real property is acquired by the Department of
Transportation either by donation, agreement or exercise of the power of
eminent domain, a title in fee simple may be taken.
366.365
Going upon private property.
The Department of Transportation may go upon private property in the manner
provided by ORS 35.220 to determine the advisability or practicability of
locating and constructing a highway over the property or the source,
suitability or availability of road-building materials thereon. [Amended by
1953 c.252 §2; 2003 c.477 §5; 2005 c.22 §259]
366.370 [Repealed by 1971 c.741 §38]
366.375 [Repealed by 1971 c.741 §38]
366.380 [Amended by 1957 c.656 §1; 1959 c.339 §1;
1967 c.479 §7; repealed by 1971 c.741 §38]
366.385 [Repealed by 1967 c.479 §8]
366.390 [Repealed by 1971 c.741 §38]
366.392 [1953 c.621 §1; subsection (2) enacted as
1961 c.404 §1; 1967 c.454 §36; repealed by 1971 c.741 §38]
366.393 [1953 c.621 §2; subsection (2) enacted as
1961 c.404 §2; repealed by 1971 c.741 §38]
366.394 [1967 c.479 §10; repealed by 1971 c.741 §38]
366.395
Disposition or leasing of property; sale of forest products. (1) The Department of Transportation may
sell, lease, exchange or otherwise dispose or permit use of real or personal
property, including equipment and materials acquired by the department, title
to which real or other property may have been taken either in the name of the
department, or in the name of the state, and which real or personal property
is, in the opinion of the department, no longer needed, required or useful for
department purposes, except that real property may be leased when, in the
opinion of the department, such real property will not be needed, required or
useful for department purposes during the leasing period. The department may
exchange property as provided in subsection (3) of this section regardless of
whether the property is needed by, required by or useful to the department if,
in the judgment of the department, doing so will best serve the interests of
the state.
(2) The department may sell, lease,
exchange or otherwise dispose of such real or personal property in such manner
as, in the judgment of the department, will best serve the interests of the
state and will most adequately conserve highway funds or the departments
account or fund for the real or personal property. In the case of real
property, interest in or title to the same may be conveyed by deed or other
instrument executed in the name of the state, by and through the department.
All funds or money derived from the sale or lease of any such property shall be
paid by the department to the State Treasurer with instructions to the State
Treasurer to credit such funds or moneys:
(a) To the highway fund; or
(b) To the departments account or fund
for the property. The State Treasurer shall credit the funds and moneys so
received as the department shall direct.
(3) Property described in subsection (1)
of this section may be exchanged for other property or for services. As used in
this subsection, services includes, but is not limited to, public
improvements as defined in ORS 279A.010.
(4)(a) Before offering forest products for
sale the department shall cause the forest products to be appraised.
(b) If the appraised value of the forest
products exceeds $15,000, the department shall not sell them to a private
person, firm or corporation except after a public auction to receive
competitive bids. Prior to such auction, the department shall give notice
thereof not less than once a week for three consecutive weeks by publication in
one or more newspapers of general circulation in the county in which the forest
products are located and by such other media of communication as the department
deems advisable. The minimum bid price and a brief statement of the terms and
conditions of the sale shall be in the notice.
(c) Notice and competitive bidding under
paragraph (b) of this subsection shall not be required if the Director of
Transportation declares an emergency to exist that requires the immediate
removal of the timber. If an emergency has been so declared:
(A) Then the timber, regardless of value,
may be sold by a negotiated price; and
(B) The director shall make available for
public inspection a written statement giving the reasons for declaring the
emergency.
(5) The departments account or fund for
the forest product shall be credited with the proceeds of the sale. [Amended by
1953 c.252 §2; 1971 c.279 §1; 1983 c.26 §1; 1989 c.904 §60; 1993 c.741 §40;
2005 c.32 §1]
366.400
Execution of contracts. The
Department of Transportation may enter into all contracts deemed necessary for
the construction, maintenance, operation, improvement or betterment of highways
or for the accomplishment of the purposes of this Act. All contracts executed
by the department shall be made in the name of the state, by and through the
department. [Amended by 1953 c.252 §2; 1975 c.771 §24]
366.405 [Amended by 1953 c.252 §2; repealed by 1975
c.771 §33]
366.410 [Repealed by 1975 c.771 §33]
366.415 [Amended by 1967 c.454 §37; 1969 c.423 §2;
repealed by 1975 c.771 §33]
366.420 [Repealed by 1975 c.771 §33]
366.425
Deposit of moneys for highway work. (1) Any county, city or road district of the state or any person, firm
or corporation may deposit moneys in the State Treasury or may deposit with the
Department of Transportation an irrevocable letter of credit approved by the
department for laying out, surveying, locating, grading, surfacing, repairing
or doing other work upon any public highway within the state under the
direction of the department. When any money or a letter of credit is deposited
with the department under this subsection, the department shall proceed with
the proposed highway project.
(2) Money deposited under subsection (1)
of this section shall be disbursed for the purpose for which it was deposited
upon a voucher approved by the department and a warrant. [Amended by 1967 c.454
§38; 1979 c.365 §1]
366.430 [Amended by 1953 c.252 §2; repealed by 1969
c.429 §6]
366.435
Auditing and allowing claims.
The Department of Transportation may allow all claims legally payable out of
the highway fund. The department shall, if satisfied as to the correctness and
validity of a claim, indorse approval thereon. When claims have been approved
and indorsed by the fiscal officer of the department, they shall be filed with
the fiscal officer of the department, who shall audit and pay the same out of
the highway fund. [Amended by 1953 c.252 §2; 1967 c.454 §39]
366.440
Payment of employees. The
Department of Transportation may pay employees by individual and separate
vouchers or by a payroll.
366.445
Repair of damaged highways.
The Department of Transportation may repair or cause to be repaired at once any
state highway which has been damaged by slides, flood or other catastrophe so
that the highway may be immediately reopened to traffic. To accomplish the
reopening of the highway the department may, if it is deemed for the best
interests of the state, proceed at once to remove the slide or to repair the
damage with the departments own forces, or with other available forces. The
department may cause such work to be done by contract without calling for
competitive bids.
366.450
Road signs. The Department
of Transportation may erect and maintain such directional road and other signs
on the state highways at such places and of such material and design as it
selects. [Amended by 1957 c.663 §1]
366.455
Removing unlawful signs and structures. The Department of Transportation may take down and remove from the
right of way of any state highway any sign or other structure or thing erected
or maintained thereon contrary to law. When removing a sign or other structure
or thing the department shall follow and comply with the legal or statutory
procedure provided by law. [Amended by 2007 c.199 §23]
366.460
Construction of sidewalks within highway right of way. The Department of Transportation may
construct and maintain within the right of way of any state highway or section
thereof sidewalks, footpaths, bicycle paths or trails for horseback riding or
to facilitate the driving of livestock. Before the construction of any of such
facilities the department must find and declare that the construction thereof
is necessary in the public interest and will contribute to the safety of
pedestrians, the motoring public or persons using the highway. Such facilities
shall be constructed to permit reasonable ingress and egress to abutting
property lawfully entitled to such rights.
366.462
Construction of fences on freeway overpasses. (1) The Department of Transportation shall construct fences on all
freeway overpasses that are built on and after November 4, 1993. The fences
shall be designed to deter persons from throwing objects from the overpasses
onto the freeways.
(2) Beginning in the fiscal year that
starts July 1, 1993, the Department of Transportation shall construct at least
15 fences per year on existing freeway overpasses. The department shall develop
a priority system to construct fences first on those overpasses that involve
the greatest risk factors. [1993 c.510 §§1,2; 2001 c.104 §125]
Note: 366.462 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 366 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
366.465
Gates and stock guards. The
Department of Transportation may erect and maintain gates and stock or cattle
guards in state highways at such points where the highways are crossed by drift
or stock fences, where such highways intersect state or government-owned
highways or other public highways and at other places in the state highways as
the department may deem for the best interests of the public. The department
may issue permits for the erection and maintenance of the same. Any gates
constructed under this section must be constructed and maintained upon the
right of way and not upon the traveled portion of the highway. If gates or
stock guards are constructed under this section pursuant to a permit issued by
the department, then the permit may contain such conditions, obligations and
requirements as the department may deem for the best interests of the general
public.
366.470
Agreements with railroad companies for snow removal. (1) The Department of Transportation may
enter into agreements with a railroad company for the removal of snow from
highway and railroad whenever a state highway is in close proximity to a
railroad track and by reason thereof and in order to remove from the highway
snow and ice which has blocked or threatens to block the highway to traffic it
becomes necessary to cast such snow and ice upon the railroad tracks, thereby
impairing or interfering with train movement and tending to block train
operations. The agreement may be made during or in anticipation of any such
contingency, shall be in writing and shall fix the terms and conditions under
which and the extent to and manner in which the state may, in removing the snow
and ice from the highway, cast it upon the railroad tracks.
(2) The department may procure or cause to
be executed by a corporation authorized to do such business in the state, a
liability policy of insurance, an irrevocable letter of credit issued by an
insured institution, as defined in ORS 706.008, or an undertaking running in
favor of the state, the department, the railroad company and their officers and
such employees of such parties as the contracting parties may designate.
(3) The insurance, letter of credit or
undertaking:
(a) Shall be acceptable to the contracting
parties.
(b) Shall in any event indemnify, protect
and hold harmless the railroad company, its officers and employees designated,
the state, the department, its officers and employees designated, from all
claims for damage occasioned by or in connection with the removal of snow from
the highway and the casting of the snow upon the railroad tracks.
(c) May, if so provided, reimburse either
or both of the contracting parties for loss, cost and expense incurred in
connection with or resulting from such work.
(4) The department may pay out of the highway
fund the premium for the insurance or for the fee for the letter of credit and
the cost and expense incurred or sustained by the railroad company and the
state incident to the snow removal. [Amended by 1953 c.252 §2; 1991 c.331 §58;
1997 c.631 §466]
366.475 [Amended by 1979 c.104 §1; repealed by 1983
c.324 §59]
366.480
Destruction of vouchers. The
Department of Transportation may from time to time destroy copies of vouchers
which have ceased to possess any record value or serve any purpose and which
have been in the files and custody of the department for a period of at least
10 years.
366.485 [Repealed by 1975 c.605 §33]
ROADSIDE REST
AREAS
366.486
Construction of roadside rest area facilities for persons with disabilities. When a new roadside rest area is established
adjacent to or within the right of way of a state highway, or when rest room
facilities are constructed in an existing roadside rest area adjacent to or
within the right of way of a state highway, a separate rest room facility for
persons with disabilities of both sexes shall be constructed. The facility
shall meet all requirements of ORS 447.210 to 447.280. [1993 c.738 §1; 2007
c.70 §152]
Note: 366.486, 366.487 and 366.490 were enacted
into law by the Legislative Assembly but were not added to or made a part of
ORS chapter 366 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
366.487
Use of roadside rest area rest rooms by persons with disabilities. (1) If a roadside rest area adjacent to or
within the right of way of a state highway does not have a separate rest room
facility for persons with disabilities of both sexes, a person with a
disability and a person of the opposite sex who is accompanying a person with a
disability for the purpose of assisting the person with a disability in using
the rest room may enter any existing rest room. Prior to entering the rest
room, the assisting person shall receive permission from anyone who is in the
rest room.
(2) A sign shall be posted outside all
rest room facilities subject to the provisions of subsection (1) of this
section stating that attendants of the opposite sex may accompany or be
accompanied by persons with disabilities into any rest room. The sign shall
include appropriate graphics. [1993 c.738 §2; 2007 c.70 §153]
Note: See note under 366.486.
366.490
Coffee and cookies at roadside rest areas; rules. (1) The Department of Transportation shall
establish by rule a permit program allowing nonprofit organizations to provide
free coffee or other nonalcoholic beverages and cookies at roadside rest areas.
Cookies offered under the program must come from a licensed facility. Rules
adopted under this section may not restrict the program to any particular days
of the year.
(2) An organization may apply for a permit
to provide coffee, other beverages and cookies by submitting a written request
to an employee of the department designated by the department. The request
shall specify the day on which the organization wishes to offer the beverages
and cookies and the specific rest area where they will be offered. The request
shall be submitted not more than 60 days prior to the date requested.
(3) The department shall issue a permit to
the selected organization not less than 30 days in advance of the date for
which the permit is issued. If there is more than one request for the same date
and the same place, the department shall select one organization by random
drawing and shall issue the permit to that organization.
(4) The department may not issue more than
one permit for the same time and place.
(5) An organization that receives a permit
shall confine distribution of coffee, other beverages or cookies to an area of
the rest area designated in the permit or by the rest area attendant. The
organization may not obstruct access to any building or other structure in the
rest area.
(6) An organization providing coffee,
other beverages or cookies may receive donations.
(7) An organization may post signs
identifying the organization and the activity, provided that each sign is not
more than 10 square feet in area and there are not more than two signs. The
signs may be placed only on vehicles used in connection with the provision of
beverages and cookies or located in the area designated for the activity.
(8) The department may revoke the permit
of any organization that fails to comply with the provisions of this section or
with rules adopted by the department to implement the provisions. [1993 c.738 §3;
2005 c.256 §1]
Note: See note under 366.486.
STATE HIGHWAY
FUND
366.505
Composition and use of highway fund. (1) The
(a) All moneys and revenues derived under
and by virtue of the sale of bonds, the sale of which is authorized by law and
the proceeds thereof to be dedicated to highway purposes.
(b) All moneys and revenues accruing from
the licensing of motor vehicles, operators and chauffeurs.
(c) Moneys and revenues derived from any
tax levied upon gasoline, distillate, liberty fuel or other volatile and
inflammable liquid fuels, except moneys and revenues described in ORS 184.642
(2)(a) that become part of the Department of Transportation Operating Fund.
(d) Moneys and revenues derived from or
made available by the federal government for road construction, maintenance or
betterment purposes.
(e) All moneys and revenues received from
all other sources which by law are allocated or dedicated for highway purposes.
(2) The highway fund shall be deemed and
held as a trust fund, separate and distinct from the General Fund, and may be
used only for the purposes authorized by law and is continually appropriated
for such purposes.
(3) All interest earnings on any of the
funds designated in subsection (1) of this section shall be placed to the
credit of the highway fund. [Amended by 1953 c.125 §5; 1989 c.966 §43; 2001
c.820 §5]
366.506
Highway cost allocation study; purposes; design; report; use of report by
Legislative Assembly. (1)
Once every two years, the Oregon Department of Administrative Services shall
conduct either a full highway cost allocation study or an examination of data
collected since the previous study. The purposes of the study or examination of
data are to determine:
(a) The proportionate share that the users
of each class of vehicle should pay for the costs of maintenance, operation and
improvement of the highways, roads and streets in the state; and
(b) Whether the users of each class are
paying that share.
(2) The department may use any study
design it determines will best accomplish the purposes stated in subsection (1)
of this section. In designing the study the department may make decisions that
include, but are not limited to, the methodology to be used for the study, what
constitutes a class of vehicle for purposes of collection of data under
subsections (1) to (4) of this section and the nature and scope of costs that
will be included in the study.
(3) The department may appoint a study
review team to participate in the study or examination of data required by
subsection (1) of this section. The team may perform any functions assigned by
the department, including but not limited to consulting on the design of the
study.
(4) A report on the results of the study
or examination of data shall be submitted to the legislative revenue committees
and the legislative committees with primary responsibility for transportation
by January 31 of each odd-numbered year.
(5) The Legislative Assembly shall use the
report described in subsections (1) to (4) of this section to determine whether
adjustments to revenue sources described in section 3a (3), Article IX of the
Oregon Constitution, are needed in order to carry out the purposes of section
3a (3), Article IX of the Oregon Constitution. If such adjustments are needed,
the Legislative Assembly shall enact whatever measures are necessary to make
the adjustments. [2003 c.755 §§1,2]
Note: 366.506 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 366 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
366.507
Modernization program; funding; conditions and criteria. The Department of Transportation shall use
an amount equal to the amount of moneys in the State Highway Fund that becomes
available for its use from the increase in tax rates created by the amendments
to ORS 319.020, 319.530, 825.476 and 825.480 by sections 1, 2 and 10 to 15,
chapter 209, Oregon Laws 1985, and an amount equal to one-third of the amount
of moneys in the State Highway Fund that becomes available for its use from any
increase in tax rates created by the amendments to ORS 319.020, 319.530,
825.476 and 825.480 by sections 5, 6 and 8 to 15, chapter 899, Oregon Laws
1987, and from any increase in tax rates that results from the provisions of
sections 16 and 17, chapter 899, Oregon Laws 1987, to establish and operate a
state modernization program for highways. The program established under this
section and the use of moneys in the program are subject to the following:
(1) The moneys may be used by the
department to retire bonds that the department issues for the modernization
program under bonding authority of the department.
(2) The intent of the modernization
program is to increase highway safety, to accelerate improvements from the
backlog of needs on the state highways and to fund modernization of highways
and local roads to support economic development in
(3) Projects to be implemented by the
modernization program shall be selected by the Oregon Transportation
Commission. The criteria for selection of projects will be established after
public hearings that allow citizens an opportunity to review the criteria. The
commission may use up to one-half of moneys available under this section for
modernization projects selected by the commission from a list of projects of
statewide significance.
(4) In developing criteria for selection
of projects, the commission shall consider the following:
(a) Projects must be of significance to
the state highway system.
(b) Except for projects that are of
statewide significance, projects must be equitably distributed throughout
(c) Projects may be on county or city
arterial roads connecting to or supporting a state highway.
(d) Priority may be given to projects that
make a meaningful contribution to increased highway safety.
(e) Priority may also be given to projects
that encourage economic development where:
(A) There is commitment by private industry
to construct a facility.
(B) There is support from other state
agencies.
(f) Priority may be given where there is
local government or private sector financial participation, or both, in the
improvement in addition to improvements adjacent to the project.
(g) Priority may be given where there is
strong local support.
(5) Except as otherwise provided in this
subsection, federal moneys or moneys from the State Highway Fund other than
those described in this section may be used for the modernization program as
long as the total amount used is equal to the amount described in this section.
Federal moneys that are appropriated by Congress for specific projects and
federal moneys that are allocated by the United States Department of
Transportation for specific projects may not be used for the modernization
program under this section. [1985 c.209 §9; 1987 c.899 §2; 1999 c.969 §4; 2001
c.766 §§1,2; 2003 c.618 §§14,15; 2005 c.837 §13]
Note: See note under 366.739.
366.508
Legislative findings. (1)
The Legislative Assembly finds that:
(a) Estimated highway, road and street
revenues from current sources will not adequately meet the need for continued
development of a statewide road and bridge system that is economically
efficient, provides accessibility to and from commercial, agricultural,
industrial, tourist and recreational facilities and enhances the highway
safety, environmental quality and land use goals of this state;
(b) Responsibility for the cost of the
highway, road and street system should be proportional and should be based on
the number and types of vehicles that use the system and on the frequency of
their use; and
(c) Expansion, modernization, maintenance,
repair, reconstruction, increased capacity and enhanced safety on all roads and
bridges is crucial to the economic revitalization of
(2) The Legislative Assembly declares that
the purpose of this section and ORS 319.020, 319.530, 366.507, 366.739,
366.774, 366.790, 825.476 and 825.480 is:
(a) To enhance the revenue base for the
state, counties and cities for continued development and maintenance of the
road and bridge system; and
(b) To enhance the revitalization of this
states economy by implementing a long-term plan for the state, counties and
cities that establishes priorities for road and bridge improvements. [1987
c.899 §1]
Note: 366.508 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 366 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
366.509 [1999 c.969 §2; repealed by 2005 c.612 §10]
366.510
Turning over highway funds to State Treasurer. All state officials charged with the
collection of highway funds shall, upon the first of each month after
collection, unless a different time is otherwise provided, turn the same over
to the State Treasurer, who shall enter such revenues in the account of the
highway fund. [Amended by 1967 c.454 §106]
366.512
Collection of certain registration fees for State Parks and Recreation
Department Fund. (1) The
Department of Transportation shall collect all registration fees for campers,
motor homes and travel trailers. Such fees shall be paid into the State Parks
and Recreation Department Fund.
(2) As used in this section:
(a) Camper has the meaning given that
term in ORS 801.180.
(b) Motor home has the meaning given
that term in ORS 801.350.
(c) Travel trailer has the meaning given
that term in ORS 801.565. [1969 c.605 §46; 1979 c.186 §13; 1983 c.338 §918;
1983 c.363 §2; 1985 c.16 §460; 1985 c.395 §6; 1989 c.904 §36; 1993 c.696 §15;
2003 c.14 §161; 2003 c.655 §72; 2005 c.22 §§260,261]
366.514
Use of highway fund for footpaths and bicycle trails. (1) Out of the funds received by the
Department of Transportation or by any county or city from the State Highway
Fund reasonable amounts shall be expended as necessary to provide footpaths and
bicycle trails, including curb cuts or ramps as part of the project. Footpaths
and bicycle trails, including curb cuts or ramps as part of the project, shall
be provided wherever a highway, road or street is being constructed,
reconstructed or relocated. Funds received from the State Highway Fund may also
be expended to maintain footpaths and trails and to provide footpaths and
trails along other highways, roads and streets.
(2) Footpaths and trails are not required
to be established under subsection (1) of this section:
(a) Where the establishment of such paths
and trails would be contrary to public safety;
(b) If the cost of establishing such paths
and trails would be excessively disproportionate to the need or probable use;
or
(c) Where sparsity of population, other
available ways or other factors indicate an absence of any need for such paths
and trails.
(3) The amount expended by the department
or by a city or county as required or permitted by this section shall never in
any one fiscal year be less than one percent of the total amount of the funds
received from the highway fund. However:
(a) This subsection does not apply to a
city in any year in which the one percent equals $250 or less, or to a county
in any year in which the one percent equals $1,500 or less.
(b) A city or county in lieu of expending
the funds each year may credit the funds to a financial reserve fund in accordance
with ORS 294.525, to be held for not more than 10 years, and to be expended for
the purposes required or permitted by this section.
(c) For purposes of computing amounts
expended during a fiscal year under this subsection, the department, a city or
county may record the money as expended:
(A) On the date actual construction of the
facility is commenced if the facility is constructed by the city, county or
department itself; or
(B) On the date a contract for the
construction of the facilities is entered with a private contractor or with any
other governmental body.
(4) For the purposes of this chapter, the
establishment of paths, trails and curb cuts or ramps and the expenditure of
funds as authorized by this section are for highway, road and street purposes.
The department shall, when requested, provide technical assistance and advice
to cities and counties in carrying out the purpose of this section. The
department shall recommend construction standards for footpaths and bicycle
trails. Curb cuts or ramps shall comply with the requirements of ORS 447.310
and rules adopted under ORS 447.231. The department shall, in the manner
prescribed for marking highways under ORS 810.200, provide a uniform system of
signing footpaths and bicycle trails which shall apply to paths and trails
under the jurisdiction of the department and cities and counties. The
department and cities and counties may restrict the use of footpaths and
bicycle trails under their respective jurisdictions to pedestrians and
nonmotorized vehicles, except that motorized wheelchairs shall be allowed to
use footpaths and bicycle trails.
(5) As used in this section, bicycle
trail means a publicly owned and maintained lane or way designated and signed
for use as a bicycle route. [1971 c.376 §2; 1979 c.825 §1; 1983 c.19 §1; 1983
c.338 §919; 1991 c.417 §7; 1993 c.503 §12; 1997 c.308 §36; 2001 c.389 §1]
366.515 [Amended by 1971 c.376 §3; 1973 c.249 §39;
repealed by 1975 c.436 §7]
366.516
Incurring obligations payable from anticipated revenues. The Department of Transportation may incur
obligations to be paid from the State Highway Fund for the construction,
reconstruction, improvement, repair or maintenance of highways, streets and
bridges in excess of the amount then standing to the credit of the State
Highway Fund if in the opinion of the department there will be sufficient funds
available for the payment of such obligations when they become due and payable
and all other debts, obligations and expenses chargeable against the State
Highway Fund including those amounts that are required by law to be set aside
from the State Highway Fund for particular purposes. Obligations incurred under
the authority of this section need not be payable in the same biennial period
during which the obligation is incurred. [1953 c.125 §2]
366.517
Department may determine certain accounting procedures. The Department of Transportation shall
determine the accounting period for which any expenditures shall be charged
against the State Highway Fund. The department may charge such expenditures
against the State Highway Fund at the time the expenditures are actually paid
even though the expenditures were obligated during a prior accounting period.
The department may keep its accounts on a calendar year basis. [1953 c.125 §3;
1967 c.454 §40]
366.518
Expenditures from highway fund to be reported, budgeted and limited to amounts
budgeted. The Department of
Transportation shall submit a biennial statement and budget estimate as
required by law, and shall limit its expenditures from the State Highway Fund
during each biennial period to the total amount of the budget approved
according to law; provided, that the word expenditures shall mean all money
actually paid out or due and payable, but shall not mean liabilities or obligations
incurred but not due and payable until a subsequent biennial period. The
provisions of any law establishing a Legislative Assembly emergency committee
shall apply to expenditures from the State Highway Fund. [1953 c.125 §4]
366.520
Expenses in legalizing state highways. The expenses incurred in any proceeding by the Department of
Transportation under ORS 368.201 to 368.221, when applied to state highways,
shall be paid out of the highway fund. [Amended by 1981 c.153 §62]
366.522
Appropriations from highway fund for legislative interim committees. It hereby is declared to be the policy and
intent of the Legislative Assembly that the total appropriations out of the
State Highway Fund made by it for the payment of expenses incurred by the
Legislative Assembly by and through its interim committee during any biennium
shall be deemed to be the maximum amount necessary for such purpose. Any
unexpended and unobligated balance remaining in any such appropriation
heretofore or hereafter made shall, after the expiration of the biennium for
which the appropriation was made, be returned to the State Highway Fund and may
thereafter be used for any purpose authorized by law. [1953 c.84 §1]
366.524 [1985 c.209 §7; 1987 c.899 §§18,19,20; 1989
c.865 §§5,5a; 1993 c.637 §17; 1993 c.770 §7; 1995 c.440 §3; 2001 c.669 §5; 2003
c.618 §16; renumbered 366.739 in 2003]
366.525 [Amended by 1967 c.463 §3; 1971 c.376 §4;
1979 c.344 §8; 1981 s.s. c.3 §108; 1983 c.164 §3; 1983 c.338 §920; 1985 c.209 §3;
renumbered 366.762 in 2003]
366.530 [Amended by 1955 c.43 §1; 1955 c.287 §23;
1967 c.454 §41; 1977 c.743 §1; 1983 c.338 §921; 1987 c.440 §7; 1991 c.407 §34;
1993 c.741 §41; 1997 c.249 §117; renumbered 366.764 in 2003]
366.535 [Amended by 1967 c.463 §4; 1975 c.527 §2;
1979 c.344 §9; 1985 c.209 §4; renumbered 366.766 in 2003]
366.540 [Amended by 1967 c.454 §42; 1983 c.363 §3;
2003 c.618 §45; renumbered 366.768 in 2003]
366.541 [1995 c.790 §1; 2003 c.618 §19,20;
renumbered 366.772 in 2003]
366.542 [1987 c.899 §3; 1999 c.797 §1; 2003 c.201 §38;
renumbered 366.774 in 2003]
366.543 [2001 c.669 §6; 2002 s.s.1 c.3 §4;
renumbered 366.742 in 2003]
366.545 [1965 c.634 §3; renumbered 390.170]
HISTORIC
366.550
Note: 366.550 to 366.553 were enacted into law by the Legislative Assembly
but were not added to or made a part of ORS chapter 366 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
366.551
Policy. The Legislative
Assembly declares that it is the public policy of the State of
(1) To reuse and manage the
(2) To rehabilitate, restore, maintain and
preserve all original roadway and highway-related structures on the intact and
usable highway segments.
(3) To connect intact and usable highway
segments with recreation trails, where feasible, to create a continuous
historic road route through the Columbia Gorge which links local, state and
federal recreation and historic sites.
(4) To provide a coordinated visitor
information program to identify and interpret the significance of the highway.
(5) To preserve and enhance the scenic
qualities of the highway and its associated corridor.
(6) To coordinate appropriate state agency
activities and funds to accomplish these purposes. [1987 c.382 §2]
Note: See note under 366.550.
366.552
Historic road program for
(2) The departments shall inform the
advisory committee of those activities of the departments which may affect the
continuity, historic integrity and scenic qualities of the
(3) The departments shall undertake
efforts to rehabilitate, restore, maintain and preserve all intact and usable
segments of the
(4) The departments may acquire real
property, or any right or interest therein, deemed necessary for the
preservation of historic, scenic or recreation qualities of the
(5) The departments shall assist and cooperate
with other agencies and political subdivisions of the state, state agencies,
the federal government, special purpose districts, railroads, public and
private organizations and individuals to the extent necessary to carry out the
provisions of ORS 366.550 to 366.553. The departments may enter into such
contracts as are necessary to carry out these provisions. [1987 c.382 §3; 1989
c.904 §37]
Note: See note under 366.550.
366.553
Advisory committee; members; duties; meetings. (1) There is created in the Department of
Transportation an advisory committee to advise the Director of Transportation
and the Oregon Transportation Commission on policy matters pertaining to the
preservation and restoration of the
(2) The citizen members shall be appointed
to terms of four years, commencing on July 1 of the year of appointment.
Members of the advisory committee shall be entitled to expenses as provided by
ORS 292.495 (2).
(3) The committee shall review the
departments preparation of the historic road program and its ongoing
management and submit recommendations to the Director of Transportation.
(4) The committee shall review proposed
highway-related activities and other public actions, except for routine highway
maintenance, which may affect the historic integrity, continuity, scenic
values, public access and public recreational opportunities within the Columbia
River Highway Historic District and submit recommendations to the director. The
committee may appoint subcommittees composed of qualified members or other
technical specialists, as required, to review plans, construction or other
subjects as designated by the committee. The director shall provide notice to
the committee of proposed activities, actions or projects at the earliest
possible opportunity.
(5) The committee may recommend to the
director that a public hearing with appropriate public notification be held for
proposed activities, actions or projects which significantly affect the
(6) The committee shall meet regularly a
minimum of four times a year at times and places fixed by the chairperson of
the committee. The department shall provide personnel services to assist the
committee within the limits of available funds. The committee shall adopt rules
to govern its proceedings and may select officers it considers necessary. [1987
c.382 §4; 1989 c.904 §61; 1993 c.736 §54; 1993 c.741 §42]
Note: See note under 366.550.
INTERGOVERNMENTAL
HIGHWAY COOPERATION
366.556
Acceptance of provisions of Acts of Congress. The State of Oregon assents to the Act of July 11, 1916, 39 Stat. 355,
entitled An act to provide that the United States shall aid the states in the
construction of rural post roads, and for other purposes, or Acts
supplementary thereto, and accepts the provisions and benefits of any Act of
Congress having for its purpose the construction, improvement or maintenance of
public roads or highways in the State of Oregon. [Formerly 366.705]
366.558
Contracting with and submitting programs to federal government. The Department of Transportation may enter
into all contracts and agreements with the federal government relating to the
survey, construction, improvement and maintenance of roads and highways,
including county roads and city streets, submit such scheme or program of
construction, improvement or maintenance as may be required by the federal government,
and do all other things necessary fully to carry out the cooperation
contemplated and provided for by the Acts of Congress mentioned in ORS 366.556.
[Formerly 366.710]
366.560
Pledge of state to match federal funds. For the construction or improvement and maintenance of rural post
roads or such other roads, highways and streets as may be eligible for federal
aid funds, the good faith of the state is pledged to make available funds which
alone, or combined with funds made or to be made available by counties and
cities, will be sufficient to match funds made available to the State of Oregon
by the federal government for highway, road or street purposes. For the purpose
of evidencing such good faith the Department of Transportation, in the name of the
state, is authorized to enter into any and all agreements with the federal
government. [Formerly 366.715]
366.562
Use of highway fund to match federal moneys. The Department of Transportation may use, allocate or in any manner
employ for the purpose of matching any sum of money made available to the state
by the federal government for road or highway purposes any moneys credited to
the highway fund, regardless of the source from which such moneys may have been
derived. [Formerly 366.720]
366.564
Borrowing to match federal moneys. For the purpose of providing funds to match funds made available to
the state by the federal government for highway purposes and for the matching
of which federal funds there are no highway funds immediately available, the
Department of Transportation may borrow money as provided in ORS 367.105. [Formerly
366.725]
366.566
Meeting requirements of federal aid statutes. The Department of Transportation or officers having control of the
state highways shall enter into such contracts, appoint such officers and do
any other act or thing necessary to fully meet the requirements of the federal
government and the officers acting under the federal statutes mentioned in ORS
366.556, or of other federal aid furnished. [Formerly 366.730]
366.568
Using highway funds to comply with federal aid statutes. The Department of Transportation or officers
having control of the state highways shall, out of the money received in the
highway funds each year from any and all sources, first set aside, if deemed
necessary or expedient, a sufficient amount to comply with the terms of the
Federal Acts mentioned in ORS 366.556, and any other aid hereafter furnished by
the federal government for the construction of roads and highways or to match
the federal aid. [Formerly 366.735]
366.570
Payments under cooperative agreement with federal government. (1) Where state or county roads are to be
surveyed or constructed under the supervision of the federal government with
the aid of state or county funds, or both, the State Treasurer or county
treasurer, or both, may advance to the federal government, in the manner
provided in this section, the full amount set forth in the cooperative
agreement, or such portion of the amount as may be specified by the federal government
at any time after the Department of Transportation or the county commissioners
have entered into a cooperative agreement with the federal government for the
survey, construction or maintenance of a road under any such statute, or under
any appropriation statute for the federal government against which such
expenditures may be chargeable.
(2) The advance payments shall be made to
the fiscal agent of the federal government designated by, and upon receipt of,
a request for such funds from the federal government, if the federal government
agrees to refund to the state or county treasurer, or both, as the case may be,
any amount advanced in excess of the proportionate share of the actual cost.
(3) When the state, through the Department
of Transportation has entered into any cooperative agreement with the federal
government for the survey or construction of any state road or highway as in
this section contemplated, the department shall prepare, verify and approve a
claim in favor of the federal government for the amount of the states share of
the cost of the work, accompanying the claim with a copy of the agreement. The
claim shall be paid by warrant on the State Treasurer in the manner provided by
law, from such funds as are available for road purposes as shall be directed by
the department. [Formerly 366.765]
366.572
State highway agreements with local governments. (1) The Department of Transportation may
enter into a cooperative agreement with any one or more cities, counties, road
districts or other municipalities of the state for the construction,
reconstruction, improvement, repair or maintenance of any state highway, and
provide for an allocation of the cost of the project to the contracting
parties.
(2) The Department of Transportation may
enter into cooperative agreements with any county for the survey, construction,
improvement, reconstruction, repair or maintenance of any state highway or part
thereof upon such basis of contribution as may be agreed upon between them. [Formerly
366.770]
366.574
Intergovernmental road maintenance agreement. (1) The Legislative Assembly declares that it is the public policy of
the State of
(2) A county and the Department of
Transportation or a division of the department may establish an
intergovernmental road maintenance agreement that will govern the maintenance
of state highways and county roads within the county or other areas described
by the agreement or of a particular road project. The agreement must be
ratified by the governing body of the county and the Director of
Transportation. An agreement under this section shall require highways and
roads to be maintained in accordance with standards mutually established by the
Oregon Transportation Commission and the county governing body.
(3) All employees and managers of the
department and the county who will perform road maintenance activities
described in the agreement or who will be involved in the road project
described in the agreement must be given a reasonable opportunity to
participate with the department and the counties in establishing the terms and
provisions of the agreement.
(4) Nothing in this section or in the
agreement affects title to or ownership of state highways or county roads.
(5) The agreement must:
(a) Provide for the use of state and
county road maintenance equipment and facilities by the participants.
(b) Recognize an agreement between either
participant and a state or federal agency established to protect the
environment. The intergovernmental road maintenance agreement should contain
references to applicable provisions that implement procedures and specifications
contained in the agreement between either participant and the agency.
(c) Establish a procedure, consistent with
appropriate collective bargaining agreements, to ensure that employees of the
department and the county are properly supervised.
(d) Establish a procedure to determine
which maintenance methods will be used by the participants.
(e) Establish a procedure to account for
changes in operating costs due to the establishment of the agreement and to
allocate increased costs or distribute cost savings between the county and the
department.
(f) Establish a formula, adjustment factor
or procedure for the equitable adjustment and comparison of the maintenance and
equipment use rates required of the department under federal law and the
maintenance and equipment use rates employed by the county.
(g) Authorize the participants to use
either the procurement procedures applicable to the department or the
procurement procedures applicable to the county as long as the procurement
procedures include adequate safeguards fostering competition and are consistent
with ORS 279A.015 and 279C.300. [Formerly 366.773]
Note: 366.574 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 366 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
366.576
Road, highway or street agreements with local governments. The Department of Transportation may enter
into an agreement with any county, city, town or road district for the
construction, reconstruction, improvement, repair or maintenance of any road,
highway or street, upon terms and conditions mutually agreed to by the
contracting parties, and the department may acquire by purchase, agreement,
donation or by exercise of the power of eminent domain, any real property
necessary for rights of way therefor. [Formerly 366.775; 2005 c.22 §262]
366.578
Farm-to-market roads. (1)
The Department of Transportation and local governments shall consider the
importance of farm-to-market roads when making highway funding decisions.
(2) As used in this section, farm-to-market
road means a rural or urban road, street or highway that is used to move
agricultural or logging products to market. [Formerly 366.777]
Note: 366.578 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 366 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
366.605 [Renumbered 367.105]
366.625 [Renumbered 367.202]
366.627 [Renumbered 367.204]
366.629 [Renumbered 367.206]
366.631 [Renumbered 367.208]
366.633 [Renumbered 367.210]
366.635 [Renumbered 367.212]
366.637 [Renumbered 367.214]
366.639 [Renumbered 367.216]
366.641 [Renumbered 367.218]
366.643 [Renumbered 367.220]
366.645 [Renumbered 367.226]
366.650 [Renumbered 367.228]
366.655 [Renumbered 367.230]
366.660 [Renumbered 367.232]
366.665 [Renumbered 367.234]
366.670 [Renumbered 367.236]
366.675 [Renumbered 367.238]
366.680 [Renumbered 367.240]
366.685 [Renumbered 367.242]
366.688 [1953 c.20 §2; renumbered 367.252]
366.689 [1953 c.20 §3; renumbered 367.254]
366.690 [1953 c.20 §4; renumbered 367.256]
366.691 [1953 c.20 §5; renumbered 367.258]
366.692 [1953 c.20 §6; renumbered 367.260]
366.693 [1953 c.20 §7; renumbered 367.262]
366.694 [1953 c.20 §8; renumbered 367.264]
366.695 [1953 c.20 §9; renumbered 367.266]
366.696 [1953 c.20 §10; renumbered 367.268]
366.697 [1953 c.20 §11; renumbered 367.270]
366.6980 [1957 c.22 §1; renumbered 367.282]
366.6981 [1957 c.22 §2; renumbered 367.284]
366.6982 [1957 c.22 §3; renumbered 367.286]
366.6983 [1957 c.22 §4; renumbered 367.288]
366.6984 [1957 c.22 §5; renumbered 367.290]
366.6985 [1957 c.22 §6; renumbered 367.292]
366.6986 [1957 c.22 §7; renumbered 367.294]
366.6987 [1957 c.22 §8; renumbered 367.296]
366.6988 [1957 c.22 §9; renumbered 367.298]
366.6989 [1957 c.22 §10; renumbered 367.300]
366.6990 [1957 c.22 §11; renumbered 367.302]
366.7000 [1957 c.354 §1; renumbered 367.324]
366.7001 [1957 c.354 §2; renumbered 367.326]
366.7002 [1957 c.354 §3; renumbered 367.328]
366.7003 [1957 c.354 §4; renumbered 367.330]
366.7004 [1957 c.354 §5; renumbered 367.332]
366.7005 [1957 c.354 §6; renumbered 367.334]
366.7006 [1957 c.354 §7; renumbered 367.336]
366.7007 [1957 c.354 §8; renumbered 367.338]
366.7008 [1957 c.354 §9; renumbered 367.340]
366.7009 [1957 c.354 §10; renumbered 367.344]
366.7010 [1957 c.354 §11; renumbered 367.346]
366.7020 [1959 c.386 §1; renumbered 367.365]
366.7021 [1959 c.386 §2; 1961 c.345 §1; renumbered
367.370]
366.7022 [1959 c.386 §3; renumbered 367.380]
366.7023 [1959 c.386 §4; renumbered 367.385]
366.7024 [1959 c.386 §5; 1961 c.381 §3; renumbered
367.390]
366.7025 [1959 c.386 §6; renumbered 367.395]
366.7026 [1959 c.386 §7; renumbered 367.400]
366.7027 [1959 c.386 §8; renumbered 367.405]
366.7028 [1959 c.386 §9; renumbered 367.410]
366.7029 [1959 c.386 §10; 1961 c.345 §2; renumbered
367.415]
366.7030 [1959 c.386 §11; renumbered 367.420]
366.705 [Renumbered 366.556 in 2003]
366.710 [Amended by 1979 c.293 §3; renumbered
366.558 in 2003]
366.715 [Amended by 1979 c.293 §4; renumbered
366.560 in 2003]
366.720 [Renumbered 366.562 in 2003]
366.725 [Renumbered 366.564 in 2003]
366.730 [Renumbered 366.566 in 2003]
366.735 [Part renumbered 367.155; 1979 c.293 §6;
renumbered 366.568 in 2003]
ALLOCATIONS
TO COUNTIES AND CITIES
(Generally)
366.739
Allocation of moneys to counties and cities generally. Except as otherwise provided in ORS 366.744,
the taxes collected under ORS 319.020, 319.530, 803.090, 803.420, 818.225,
825.476 and 825.480, minus $71.2 million per biennium, shall be allocated 24.38
percent to counties under ORS 366.762 and 15.57 percent to cities under ORS
366.800. [Formerly 366.524]
Note: Sections 15 to 20, chapter 911, Oregon Laws
2007, provide:
Sec.
15. Notwithstanding ORS
366.739, the Department of Transportation shall distribute moneys to each
county no later than November 1, 2008, in the following amounts:
Coos County $400,000
Crook County $1,215,064
Curry County $1,624,789
Grant County $3,249,760
Hood River County $867,549
Union County $400,000
[2007 c.911 §15]
Sec.
16. (1) If the Secure Rural
Schools and Community Self-Determination Act of 2000 (P.L. 106-393) is
reauthorized for the federal fiscal year beginning October 1, 2008, each county
shall match 10.89 percent of the funds the county receives from the Department of
Transportation under section 15 of this 2007 Act.
(2) If the department determines that the
federal government has not reauthorized the Secure Rural Schools and Community
Self-Determination Act of 2000 or approved another source of funding for the
counties for the federal fiscal year beginning October 1, 2008, the Oregon
Transportation Commission may determine how the counties may match an amount
not to exceed 10.89 percent of the funds the counties receive from the
department under section 15 of this 2007 Act. [2007 c.911 §16]
Sec.
17. (1) Prior to selecting
transportation projects using funds distributed to the counties by the
Department of Transportation pursuant to section 15 of this 2007 Act, each
county shall consult with and solicit comments and recommendations from the
cities within the county and any appropriate advisory group.
(2) The Association of Oregon Counties
shall provide a report to the Joint Committee on Ways and Means of the
Seventy-fifth Legislative Assembly no later than April 1, 2009. The report must
identify the projects funded with moneys distributed under section 15 of this
2007 Act, the budget for each project and amount of state and local moneys
expended on each project, and the start and completion dates for the projects.
[2007 c.911 §17]
Sec.
18. Notwithstanding ORS
366.507, the Department of Transportation may decrease the amount of moneys
spent on modernization required by ORS 366.507 by 25 percent. [2007 c.911 §18]
Sec.
19. (1) Sections 15 to 17 of
this 2007 Act are repealed on June 30, 2009.
(2) Section 18 of this 2007 Act is
repealed on June 30, 2011. [2007 c.911 §19]
Sec.
20. Sections 15 to 18 of
this 2007 Act become operative July 1, 2008. [2007 c.911 §20]
366.740 [Renumbered 367.160]
366.742
Repayment of specified bonds; allocation of moneys not needed for repayment. Each biennium, any portion of the $71.2
million referred to in ORS 366.739 that remains after deducting an amount equal
to total debt service payments payable on outstanding Highway User Tax Bonds described
in ORS 367.620 (2) shall be allocated 50 percent to the Department of
Transportation, 30 percent to counties and 20 percent to cities. Moneys
allocated to counties and cities under this section shall be distributed in the
same manner as moneys allocated under ORS 366.739 are distributed. [Formerly
366.543]
Note: 366.742 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 366 or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
366.744
Allocation of moneys from specified increases in title and registration fees
and in truck taxes and fees; restrictions on expenditure by
(a) The amount attributable to the
increase in title fees by the amendments to ORS 803.090 by section 1, chapter
618, Oregon Laws 2003.
(b) The amount attributable to the
increase in registration fees by the amendments to ORS 803.420 by section 2,
chapter 618, Oregon Laws 2003, except for the amount paid to the State Parks
and Recreation Department Fund under ORS 366.512; and
(c) The amount attributable to the
increase in fees and tax rates by the amendments to ORS 818.225, 825.476 and
825.480 by sections 3, 4 and 5, chapter 618, Oregon Laws 2003.
(2) The moneys described in subsection (1)
of this section shall be allocated as follows:
(a) 57.53 percent to the Department of
Transportation.
(b) 25.48 percent to the department to pay
the principal and interest due on bonds authorized under ORS 367.620 (3) that
are issued for replacement and repair of bridges on county highways. However,
any portion of the 25.48 percent that is not needed for payment of principal
and interest on the bonds described in this paragraph shall be allocated to
counties. Moneys allocated to counties under this paragraph shall be
distributed in the same manner as moneys allocated to counties under ORS
366.739 are distributed.
(c) 16.99 percent to the department to pay
the principal and interest due on bonds authorized under ORS 367.620 (3) that
are issued for replacement and repair of bridges on city highways. However, any
portion of the 16.99 percent that is not needed for payment of principal and
interest on the bonds described in this paragraph shall be allocated to cities.
Moneys allocated to cities under this paragraph shall be distributed in the
same manner as moneys allocated to cities under ORS 366.739 are distributed.
(3)(a)
(b) Moneys distributed to
(c)
366.745 [Renumbered 367.165]
366.747
Allocation of moneys from specified increases in fees. (1) The following moneys shall be allocated
as described in subsection (2) of this section:
(a) The amount attributable to the
increase in the inspection fee by the amendments to ORS 803.215 by section 47,
chapter 618, Oregon Laws 2003.
(b) The amount attributable to any
increase in registration plate fees by the amendments to ORS 803.570 by section
48, chapter 618, Oregon Laws 2003.
(c) The amount attributable to the
increases in fees for driver licenses, permits and endorsements by the
amendments to ORS 807.370 by section 49, chapter 618, Oregon Laws 2003.
(d) The amount attributable to the
increase in the weight receipt fee by the amendments to ORS 825.450 by section
50, chapter 618, Oregon Laws 2003.
(2) The moneys described in subsection (1)
of this section shall be allocated 60 percent to counties and 40 percent to
cities. Moneys allocated under this section shall be distributed in the same
manner as moneys allocated to counties and cities under ORS 366.739 are distributed.
[2003 c.618 §53]
366.749
Allocation of moneys resulting from increase in numbers of vehicle
registrations, titles and trip permits due to specified actions by vehicle
dealers and persons engaged in towing. (1) Each year the Department of Transportation shall determine the
increase in the number of vehicle registrations and titles that is attributable
to ORS 803.565 and the increase in the number of trip permits issued under ORS
803.600 that is attributable to the amendments to ORS 803.600 by section 3,
chapter 600, Oregon Laws 2003.
(2) Notwithstanding any other allocation
of moneys to counties and cities under this chapter, the amount of moneys from
the increases described in subsection (1) of this section shall be allocated 60
percent to counties and 40 percent to cities. Moneys allocated under this
section shall be distributed in the same manner as moneys allocated to counties
and cities under ORS 366.739 are distributed. [2003 c.618 §55]
366.750 [Renumbered 367.170]
366.755 [Renumbered 367.175]
366.760 [Renumbered 367.180]
(Counties)
366.762
Appropriation from highway fund for counties.
There shall be and
hereby are appropriated out of the highway fund annually such sums of money
established under ORS 366.739 out of all moneys credited to the State Highway
Fund by the State Treasurer between July 1 of any year and June 30 of the
following year that are subject to the appropriation under this section by ORS
366.739. The appropriation shall be distributed among the several counties for
the purposes provided by law. [Formerly 366.525]
366.764
Basis of allocation of appropriation to counties. The sum designated in ORS 366.762 shall be
remitted by warrant to the county treasurers of the several counties. The
remittance in any year shall be in proportion of the number of vehicles,
trailers, semitrailers, pole trailers and pole or pipe trailers registered in
each county, to the total number of such vehicles registered in the state as of
December 31 of the preceding year, as indicated by motor vehicles registration
records. All such vehicles owned and operated by the state and registered under
ORS 805.040, 805.045 and 805.060 shall be excluded from the computation in
making the apportionment. [Formerly 366.530]
366.765 [Amended by 1967 c.454 §43; 1979 c.293 §7;
1981 c.153 §63; renumbered 366.570 in 2003]
366.766
Remitting appropriation to counties. The appropriation made by ORS 366.762 shall be remitted to the
counties on a monthly basis within 35 days after the end of the month for which
a distribution is made in an amount determined in ORS 366.739 and 366.762 and
credited to the highway fund for such remittance. [Formerly 366.535]
366.768
Advances from highway fund to county. Upon satisfactory showing before the Department of Transportation by
any county that the county does not have sufficient funds with which to pay,
when due, bonded indebtedness incurred for highway purposes, the department may
certify to such fact. Pursuant to the certificate, a warrant shall be drawn in
favor of the county against the highway fund in the amount set out in each
certificate, which amount so advanced shall be deducted from the next payment
due the county under ORS 366.762 to 366.768. [Formerly 366.540]
366.770 [Amended by 1979 c.223 §2; renumbered
366.572 in 2003]
366.772
Allocation of moneys to counties with road funding deficit. (1) Not later than July 31 in each calendar
year, the sum of $500,000 shall be withdrawn from the appropriation specified
in ORS 366.762, and the sum of $250,000 shall be withdrawn from moneys
available to the Department of Transportation from the State Highway Fund. The
sums withdrawn shall be set up in a separate account to be administered by the
Department of Transportation.
(2) Not later than July 31 in each
calendar year, the sum of $750,000 shall be withdrawn from the separate account
described in subsection (1) of this section and distributed to counties that
had a county road base funding deficit in the prior fiscal year. A countys
share of the $750,000 shall be based on the ratio of the amount of the countys
road base funding deficit to the total amount of county road base funding
deficits of all counties.
(3) Moneys allocated as provided in this
section may be used only for maintenance, repair and improvement of existing
roads.
(4) As used in this section:
(a) Arterial highway has the meaning
given that term in ORS 801.127.
(b) Collector highway has the meaning
given that term in ORS 801.197.
(c) County road base funding deficit
means the amount of a countys minimum county road base funding minus the
amount of that countys dedicated county road funding. A county has a county
road base funding deficit only if the amount of the dedicated county road
funding is less than the amount of the minimum county road base funding.
(d) Dedicated county road funding for a
county means:
(A) Moneys received from federal forest
reserves and apportioned to the county road fund in accordance with ORS
294.060;
(B) State Highway Fund moneys distributed
to the county, other than moneys distributed under this section and not
including moneys allocated under section 15, chapter 911, Oregon Laws 2007; and
(C) Federal Highway Administration
revenues allocated by formula to the county annually under the federal-aid
highway program authorized by 23 U.S.C. chapter 1. These moneys do not include
federal funds received by the county through a competitive grant process.
(e) Minimum county road base funding
means $4,500 per mile of county roads that are arterial and collector highways
beginning on July 1, 2008, and thereafter means $4,500 per mile of county roads
that are arterial and collector highways as adjusted annually on the basis of
the Portland-Salem, OR-WA, Consumer Price Index for All Urban Consumers for All
Items, as published by the Bureau of Labor Statistics of the United States
Department of Labor. [Formerly 366.541; 2007 c.911 §14]
Note: The amendments to 366.772 by section 20,
chapter 618, Oregon Laws 2003, and section 14, chapter 911, Oregon Laws 2007,
become operative July 1, 2008. See section 21, chapter 618, Oregon Laws 2003.
The text that is operative until July 1, 2008, is set forth for the users
convenience.
366.772. (1) Not later than July 31 in each calendar
year, the sum of $750,000 shall be withdrawn from the appropriation specified
in ORS 366.762, and the sum of $250,000 shall be withdrawn from moneys
available to the Department of Transportation from the State Highway Fund. The
sums withdrawn shall be set up in a separate account to be administered by the
Department of Transportation.
(2) Not later than July 31 in each
calendar year, the sum of $1 million shall be withdrawn from the separate
account described in subsection (1) of this section and distributed to counties
that had a county road base funding deficit in the prior fiscal year. A countys
share of the $1 million shall be based on the ratio of the amount of the countys
road base funding deficit to the total amount of county road base funding
deficits of all counties.
(3) Moneys allocated as provided in this
section may be used only for maintenance, repair and improvement of existing
roads.
(4) As used in this section:
(a) County road base funding deficit
means the amount of a countys minimum county road base funding minus the
amount of that countys dedicated county road funding. A county has a county
road base funding deficit only if the amount of the dedicated county road
funding is less than the amount of the minimum county road base funding.
(b) Dedicated county road funding for a
county means:
(A) Moneys received from federal forest
reserves and apportioned to the county road fund in accordance with ORS
294.060;
(B) State Highway Fund moneys distributed
to the county, other than moneys distributed under this section; and
(C) Federal Highway Administration
revenues allocated by formula to the county annually under the federal-aid
highway program authorized by 23 U.S.C. chapter 1. These moneys do not include
federal funds received by the county through a competitive grant process.
(c) Minimum county road base funding
means $1 million beginning on July 1, 2003, and thereafter means $1 million as
adjusted annually on the basis of the Portland-Salem, OR-WA, Consumer Price
Index for All Urban Consumers for All Items, as published by the Bureau of
Labor Statistics of the United States Department of Labor.
Note: 366.772 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 366 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
366.773 [2001 c.565 §1; 2003 c.794 §265; renumbered
366.574 in 2003]
366.774
Authorized use of allocation to counties; report by counties to Legislative
Assembly. (1) Moneys paid to
counties under ORS 366.762 to 366.768 shall be used only for the purposes
stated in sections 3 and 3a, Article IX of the Oregon Constitution, and the
statutes enacted pursuant thereto including ORS 366.514.
(2) Counties receiving moneys under ORS
366.762 to 366.768 shall report annually to the Legislative Assembly the
expenditures of those moneys in each of the following areas:
(a) Administration;
(b) Bicycle paths;
(c) Construction and expansion;
(d) Operations and maintenance;
(e) Other payments;
(f) Payments to other governments; and
(g) Repair and preservation.
(3) The Association of Oregon Counties
shall make an annual report to the Legislative Assembly presenting the
information required by subsection (2) of this section. The report shall be
made to the committees of the Legislative Assembly with primary jurisdiction
over transportation matters.
(4) For the purposes of subsection (2) of
this section, each county shall account for moneys paid to the county under ORS
366.762 to 366.768 separately from any other county moneys. [Formerly 366.542]
Note: 366.774 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 366 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
366.775 [Amended by 1953 c.252 §2; 1979 c.223 §3;
renumbered 366.576 in 2003]
366.777 [1999 c.541 §1; renumbered 366.578 in 2003]
366.780 [Repealed by 1981 c.153 §79]
(Cities)
366.785
Definitions for ORS 366.785 to 366.820. As used in ORS 366.785 to 366.820, unless the context requires
otherwise:
(1) Year means a calendar year.
(2) City means only cities of this state
which are regularly operating as such through elected governmental officers.
(3) Population means population as given
in the latest determination of the State Board of Higher Education, except that
for a city of more than 100,000 population according to the latest such
determination, the term means 74 percent of the number of population given for
the city in the determination for computation of its share for 1964, 78 percent
for computation of its share for 1965, 82 percent for 1966, 86 percent for
1967, 90 percent for 1968, 94 percent for 1969, 98 percent for 1970; and for
1971 and subsequent years computation shall be made on the basis of full number
of population. [Amended by 1961 c.259 §2; 1961 c.653 §1; 1963 c.399 §1]
366.790
Authorized use of appropriation to cities; report by cities to Legislative
Assembly. (1) Moneys paid to
cities under ORS 366.785 to 366.820 shall be used only for the purposes stated
in sections 3 and 3a, Article IX of the Oregon Constitution and the statutes
enacted pursuant thereto including ORS 366.514.
(2) Cities receiving moneys under ORS
366.785 to 366.820 shall report annually to the Legislative Assembly the
expenditures of those moneys in each of the following areas:
(a) Administration;
(b) Bicycle paths;
(c) Construction and expansion;
(d) Operations and maintenance;
(e) Other payments;
(f) Payments to other governments; and
(g) Repair and preservation.
(3) The League of Oregon Cities shall make
an annual report to the Legislative Assembly presenting the information
required by subsection (2) of this section. The report shall be made to the
committees of the Legislative Assembly with primary jurisdiction over
transportation matters.
(4) For the purposes of subsection (2) of
this section, each city shall account for moneys paid to the city under ORS
366.785 to 366.820 separately from any other city moneys.
(5) This section does not apply to a city
with a population under 5,000. [Amended by 1961 c.653 §2; 1971 c.376 §5; 1985
c.565 §65; 1987 c.899 §4; 1999 c.797 §2]
366.795 [Repealed by 1955 c.237 §1]
366.800
Appropriation from highway fund for cities; amount and source. There shall be and hereby are appropriated
out of the highway fund annually such sums of money established under ORS
366.739 out of all moneys credited to the highway fund by the State Treasurer
between July 1 of any year and June 30 of the following year that are subject to
the appropriation under this section by ORS 366.739. The appropriation shall be
distributed among the several cities as provided in ORS 366.785 to 366.820. [Amended
by 1967 c.463 §5; 1979 c.344 §10; 1981 s.s. c.3 §109; 1983 c.164 §4; 1983 c.338
§922; 1985 c.209 §5]
366.805
Allocation of appropriation to cities. (1) Except as provided in subsection (2) of this section, the
appropriation specified in ORS 366.800 shall be allocated to the cities as
provided in this subsection. The moneys subject to allocation under this
subsection shall be distributed by the Department of Transportation according
to the following:
(a) The moneys shall be distributed to all
the cities.
(b) Each city shall receive such share of
the moneys as its population bears to the total population of the cities.
(2) Each year, the sum of $500,000 shall
be withdrawn from the appropriation specified in ORS 366.800 and $500,000 shall
be withdrawn from moneys available to the Department of Transportation from the
State Highway Fund and set up in a separate account to be administered by the
Department of Transportation. The following apply to the account described in
this subsection:
(a) Money from the account shall only be
used upon streets:
(A) That are not a part of the state
highway system;
(B) That are within cities with
populations of 5,000 or fewer persons; and
(C) That are inadequate for the capacity
they serve or are in a condition detrimental to safety.
(b) All moneys in the account shall be
allotted each year.
(c) Subject to paragraph (d) of this
subsection, the department shall determine the distribution of the expenditures
after considering applications made to it therefor from the cities.
(d) The department may enter into
agreements with cities upon the advice and counsel of organizations
representing cities to establish:
(A) The method of allotting moneys from
the account; or
(B) The method of considering applications
from cities and determining distribution based on the applications. [Amended by
1959 c.170 §1; 1985 c.123 §§1,2; 1989 c.865 §6; 1991 c.355 §1]
366.810
Payment of appropriation to cities. Funds accrued and payable to cities under ORS 366.785 to 366.820 shall
be remitted on a monthly basis within 35 days after the end of the month for
which a distribution is made by the Department of Transportation to the
financial officer of each city. The funds appropriated shall be apportioned on
or before the last day of each month by the department, which shall certify to
the apportionment. Upon such certification, warrants shall be drawn payable to
the cities in the amounts set out. [Amended by 1967 c.454 §44; 1973 c.436 §1;
1975 c.527 §3]
366.815
City to establish state tax street fund; accumulations. (1) A city shall set aside in a state tax
street fund all money which it receives under ORS 366.785 to 366.820.
(2) No money allocated to a city may be
allowed to accumulate over two successive years unless the city perfects plans
for a definite construction program allowable under ORS 366.785 to 366.820
which will necessitate the use of more than two years estimated allocations.
The program shall receive the approval of the Chief Engineer before money
allocated may be accumulated. If any city accumulates allocated funds for over
two years, and a definite construction program is not established, the funds
shall revert to the State Treasurer to be reallocated to other cities as though
they were an additional credit to the cities appropriation under ORS 366.785
to 366.820. [Amended by 1993 c.741 §43]
366.820
Limit to application of ORS 366.785 to 366.815. Nothing in ORS 366.785 to 366.815 relieves
the Department of Transportation of its statutory obligations with respect to
the construction, reconstruction, maintenance, repair and improvement of
streets or roads taken over by the state, or confers on the department
jurisdiction or control over roads or streets benefited by ORS 366.785 to
366.815, except as provided therein. [Amended by 2001 c.104 §126]
MISCELLANEOUS
PROVISIONS
366.905
Old
366.906
(2) That northern portion of
Note: 366.906 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 366 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
366.907
Findings and declarations concerning Highway 101. The Legislative Assembly finds and declares
that:
(1) Highway 101, the coast highway
providing the only access to the whole western length of this state, is of
economic, recreational, scenic, social and historic importance to the people of
the state.
(2) There are many agencies and
municipalities with particular regulatory or program interests in Highway 101
and the area it controls, but there is no comprehensive management plan or
process to insure that state interests are protected and promoted.
(3) It is important that the State of
366.910
End of Lewis and Clark Trail.
That portion of
366.915
Authorization to remove
366.920 [1965 c.572 §8; 1983 c.324 §17; renumbered
360.115]
366.990 [Renumbered 390.990]
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