Or. Admin. Code § 734-051-4050 - Special Use Approaches

(1) Procedure. The region manager shall approve an application for a special use approach where the department determines that a complete application has been submitted pursuant to OAR 734-051-3030 and that the approach can be operated safely. The department shall consider the spacing, channelization and sight distance standards outlined in OAR 734-051-4020 when determining whether an approach can be operated safely.

(2) Design. The design of special use approaches shall:

(a) Be limited from general use by physical means such as a gate or other design approved by the department; and

(b) May require special design considerations such as reinforced sidewalks, curb design options, and landscaping considerations.

(3) Mitigation. The region manager may require mitigation measures to be incorporated into a construction permit and a permit to operate a special use approach.

(4) Right of Access for Special Use Approaches. The applicant must have a right of access to apply for a special use approach permit. Existence of a recorded easement may not by itself establish a right of access and does not guarantee the approval of an application for a special use approach or the location of a special use approach.

(5) Deviations. Approval of a deviation is not required for approval of an application for a special use approach.

(6) Appeal. The department's decision to deny or approve with mitigation applications under this section are subject to post-decision review under OAR 734-051-3080.

Notes

Or. Admin. Code § 734-051-4050

HWD 16-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-29-12; HWD 8-2012, f. 6-27-12, cert. ef. 6-29-12

Stat. Auth.: ORS 184.616, 184.619, 374.310-374.314, 374.345 & 374.355

Stats. Implemented: ORS 374.300-374.360, §27, ch. 330, OL 2011