Or. Admin. Code § 734-051-4040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 734-051-4040 - Temporary Approaches

(1) Procedure and Criteria. The region manager may approve an application for a temporary approach where:

(a) 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 set forth in OAR 734-051-4020 when determining whether an approach can be operated safely;

(b) Conditions such as signing or flagging are identified on the construction permit and the permit to operate and are enforced during construction and operation; and

(c) A closure date is specified on the permit to operate. A temporary permit cannot exceed two years.

(2) Deposit Required. A deposit of not less than $1,000 per temporary approach is required prior to issuance of a construction permit and a permit to operate a temporary approach to guarantee its removal by the applicant, pursuant to subsections (a) through (c) below:

(a) The appropriate district office will determine the amount of the deposit;

(b) If the department incurs no expense in the removal of the temporary approach, the entire deposit is refunded to the applicant; and

(c) If the department incurs any expenses in the removal of the approach, the applicant will be billed for the amount in excess of the amount deposited or refunded the difference if the expense is less than the amount deposited.

(3) Time extension for temporary approaches. The region manager may extend the closure date, for a temporary approach where extenuating circumstances beyond the control of the applicant or permittee exist.

(4) Right of Access for Temporary Approaches. The applicant must have a right of access to apply for a temporary 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 temporary approach or the location of a temporary approach.

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

Or. Admin. Code § 734-051-4040

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