2019 Oregon Revised Statutes
Volume : 10 - Highways, Military
Chapter 374 - Control of Access to Public Highways
Section 374.331 - Facility plans; rules.

(2) Every facility plan and access management strategy developed for a highway improvement or modernization project under this section or ORS 374.334 must include a methodology that balances the economic development objectives of properties abutting state highways with the transportation safety and access management objectives of state highways, in a manner consistent with local transportation system plans and the land uses permitted in the local comprehensive plans acknowledged under ORS chapter 197.

(3) The following apply to all facility plans developed by the Department of Transportation:

(a) The location of county roads and city streets within the area described in the facility plan must be determined through collaborative discussion and agreement between the department and the affected cities and counties. Each facility plan must document the agreement regarding the location of county roads and city streets that intersect a state highway within the area described in the plan.

(b) The department shall develop key principles for each facility plan. The department shall use the key principles to evaluate how properties abutting a state highway may retain or obtain access to the state highway during and after plan implementation. In developing the key principles, the department shall also develop a methodology to weigh the benefits of a highway improvement or modernization project to public safety and mobility against:

(A) The local transportation system plans and the land uses permitted in the local comprehensive plans of cities and counties; and

(B) The economic development objectives of affected real property owners who require access to the state highway.

(c) If a facility plan identifies the need to modify, relocate or close existing private approaches, the plan must include key principles for managing access to the state highway. The key principles must contain a level of detail sufficient to inform affected real property owners of the potential for the modification, relocation or closure of existing private approaches within the area described in the facility plan.

(d) Each facility plan affecting access to a state highway must include a timeline by which the plan may need to be implemented in order to meet the safety and operational needs of the state highway.

(e) Each facility plan must include the long term safety and operational needs for the state highway and for all intersecting highways, roads or streets based on an engineering analysis conducted by a traffic engineer.

(f)(A) Until a facility plan is adopted by the Oregon Transportation Commission or finalized by the department, an affected real property owner may request a review of the key principles and related methodology developed by the department through:

(i) A collaborative discussion as established by the department by rule; or

(ii) The Access Management Dispute Review Board established under ORS 374.360.

(B) The recommendation of the Access Management Dispute Review Board under subparagraph (A) of this paragraph is not a land use decision, as defined in ORS 197.015, that may be appealed to the Land Use Board of Appeals.

(4) Prior to adopting any key principle under subsection (5) of this section, the department shall provide notice and an opportunity to be heard to the affected cities and counties and to affected real property owners. The department shall provide notice by first class mail.

(5) Twenty days after the date the department sends written notice under subsection (4) of this section, the department, in agreement with the affected cities and counties, shall adopt the key principles for a facility plan. [2013 c.476 §4]