(1) Applicability
The department may restrict turning movements onto a state
highway from an approach for which a permit was issued under OAR
734-051-3010 or that is deemed
to have written permission under
734-051-3015 when the
restriction is not required by contract, condemnation judgment, recorded deed
or a Permit to Operate.
(2) Procedures and Circumstances
(a) The department may restrict turning
movements under this rule for circumstances that include the following:
(A) Safety and highway operations concerns
set forth in OAR
734-051-4020(3);
or
(B) To prevent roadway
departure crashes, particularly head-on type crashes and sideswipe meeting type
crashes; or
(C) Where drainage
facilities are required in the median of the highway; or
(D) To provide a two-stage or multi-stage
pedestrian and/or bicycle crossing; or
(E) Pursuant to local government projects and
land use decisions.
(b)
When the department is evaluating the need to restrict turning movements under
this rule, the department shall engage the following:
(A) Owners of property abutting the highway
that will be affected by the restriction;
(B) Property lessees and business operators
abutting the highway that will be affected by the restriction;
(C) The local jurisdiction with land use
authority in the area of the restriction;
(D) A representative of the freight industry;
and
(E) Other stakeholders as
appropriate.
(c) Prior
to implementing a turning restriction, the department will provide written
notification to the parties listed in (a) of its decision to implement the
restriction.
(d) A non-traversable
median may not be used as mitigation for an approach road permit unless the
department first establishes that no other measures will be effective for the
circumstances.
Notes
Or. Admin. Code
§
734-051-1065
HWD 2-2014, f. 6-25-14,
cert. ef. 6-30-14; HWD 7-2014, f. & cert. ef.
7-9-14
Stat. Auth.: ORS
184.616,
184.619,
374.310-374.314,
374.345 &
374.355
Stats. Implemented: ORS
374.345 &
374.312
