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

   1. (a) Be limited from general use by physical means such as a gate or other design approved by the department; and
   2. (b) May require special design considerations such as reinforced sidewalks, curb design options, and landscaping considerations.
3. (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. (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. (5) Deviations. Approval of a deviation is not required for approval of an application for a special use approach.
6. (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.

Statutory/Other Authority

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

Statutes/Other Implemented

ORS 374.300–374.360, §27, ch. 330 & OL 2011

History

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