(1) General Provisions. A permit to operate, maintain and use (“permit to operate”) an approach runs with the land. Except as otherwise provided, a permit to operate is effective until:
- (a) Revoked by mutual consent;
- (b) Revoked for failure to abide by the terms and conditions;
- (c) The approach is subject to a change of use as set forth in OAR 734-051-3020;
- (d) The development of safety or operational concerns as set forth in OAR 734-051-4020(3);
- (e) The approach is modified, mitigated, or removed in accordance with OAR 734-051-5120 Project Delivery; or
- (f) By other operation of law.
- (2) Successors and Assignees. The permit to operate is binding on successors and assignees including successors in interest to the property being served by the approach.
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