1. (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. (2) Procedures and Circumstances

   1. (a) The department may restrict turning movements under this rule for circumstances that include the following:

      1. (A) Safety and highway operations concerns set forth in OAR 734-051-4020(3); or
      2. (B) To prevent roadway departure crashes, particularly head-on type crashes and sideswipe meeting type crashes; or
      3. (C) Where drainage facilities are required in the median of the highway; or
      4. (D) To provide a two-stage or multi-stage pedestrian and/or bicycle crossing; or
      5. (E) Pursuant to local government projects and land use decisions.

   2. (b) When the department is evaluating the need to restrict turning movements under this rule, the department shall engage the following:

      1. (A) Owners of property abutting the highway that will be affected by the restriction;
      2. (B) Property lessees and business operators abutting the highway that will be affected by the restriction;
      3. (C) The local jurisdiction with land use authority in the area of the restriction;
      4. (D) A representative of the freight industry; and
      5. (E) Other stakeholders as appropriate.
   3. (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.
   4. (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.

Statutory/Other Authority

ORS 184.616, 184.619, 374.310–374.314, 374.345 & 374.355

Statutes/Other Implemented

ORS 374.345 & 374.312

History

HWD 7-2014, f. & cert. ef. 7-9-14
HWD 2-2014, f. 6-25-14, cert. ef. 6-30-14