Or. Admin. Code § 731-012-0100 - Director Determination of Reduction of Vehicle-Carrying Capacity

(1) If a Proposed Action has a potential for a Reduction of Vehicle-Carrying Capacity that cannot be resolved through the Stakeholder Forum, including affected local agencies, and is not needed for Access Considerations (731-012-0080) then the Director will determine if the Proposed Action would be a Reduction of Vehicle-Carrying Capacity.

(2) The Director will review the Department staff record for a Proposed Action (including potential Safety Considerations) and make a determination on whether or not the Proposed Action is a Reduction of Vehicle-Carrying Capacity.

(3) In making such determinations the Director may consider such information as:

(a) The existing and proposed highway design and plans;

(b) Previously approved Reduction of Vehicle-Carrying Capacity documented for the highway segment of the Proposed Action;

(c) Existing limited Vehicle-Carrying Capacity at other locations within the highway system that limit the ability of a vehicle to get to the highway segment of the Proposed Action;

(d) Stakeholder Forum meeting comments from stakeholders, affected local agencies and the public;

(e) Function of roadway for all transportation modes including freight, vehicle, transit, pedestrian, and bicycle;

(f) Reasonable alternate routes on the state highway system; and

(g) Consultation with Department staff, such as the Mobility Policy Committee, Traffic Engineer and Chief Engineer.

(4) The Director may determine that a Proposed Action will or will not be a Reduction of Vehicle-Carrying Capacity, or may direct Department staff to revise the Proposed Action and hold another Stakeholder Forum meeting pursuant to 731-012-0060. Department staff will provide notification of the Director's determination to the affected local agencies, stakeholder forum and in the case of a development review, the affected applicant. If the Director determines that the Proposed Action will result in a Reduction of Capacity, the Department will inform the affected local agency(ies) about their right to request an exemption of ORS 366.215 under 731-012-0120.

(5) If the Director determines the Proposed Action will not result in a Reduction of Vehicle-Carrying Capacity then the Department may continue with the Proposed Action using Department processes including other appropriate reviews not covered by this division.

Notes

Or. Admin. Code § 731-012-0100

DOT 4-2013, f. & cert. ef. 8-26-13

Stat. Auth.: ORS 184.616, 184.619, 366.205

Stats. Implemented: ORS 366.215