1. (1) Costs the Permittee Bears. Except as otherwise provided in the division 51 rules, the permittee is responsible for the cost of mitigation measures and the cost of construction of an approach, including the cost of materials, labor, signing, signals, structures, equipment, traffic channelization, and other permit requirements.

2. (2) Costs the Department May Bear. The department may be responsible for:

   1. (a) The cost of mitigation measures and the cost of construction of an approach where the costs are a part of the terms and conditions of a right of way acquisition obligation or other departmental contractual agreement; and/or
   2. (b) The cost of removal or relocation of a legal approach upon highway right of way during project delivery.

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