ORS § 374.311

Current through 2024 Regular Session legislation effective April 17, 2024
Section 374.311 - Permit standards; rules

The objective standards for spacing, channelization and sight distance for decisions to approve, modify or deny an approach permit are as follows:

(1) When making a decision to approve or deny an application for an approach permit under ORS 374.312, the Department of Transportation shall apply, as one of the standards, the standards in Table 1 for spacing between approaches on highway segments where the annual average daily traffic is 5,000 or fewer motor vehicles:

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TABLE 1

Speed (miles per hour)

Regional Highways District Highways Rural and Urban (distance in feet)

Statewide Highways Rural Areas (distance in feet)

Statewide Highways Urban Areas (distance in feet)

Statewide Highways Unincorporated Communities eas Rural Areas (distance in feet)

55 or higher

650

1,320

1,320

1,320

50

425

1,100

1,100

1,100

40 &45

360

990

360

750

30 &35

250

770

250

425

25 or lower

150

550

150

350

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(a) For spacing between private approaches, the spacing standards described in Table 1 apply to the distance measured along the highway from the center of an existing or proposed private approach to the center of the nearest existing or proposed private approach on the same side of the highway in both directions. For spacing between a private and a public approach, the standard applies to the distance measured in both directions along the highway from the center of an existing or proposed private approach to the center of the nearest intersection of the highway with a public approach or another state highway.
(b) The spacing standards for approaches on one-way highways or highways with a raised or depressed nontraversable median where only a right-hand or left-hand turn into and from the approach is allowed are one-half the spacing standards for highways where the annual average daily traffic is more than 5,000 motor vehicles as described in Table 2.
(c) Special transportation areas, access management plans, corridor plans, interchange area management plans or interchange management areas, as designated by the Oregon Transportation Commission, may have spacing standards that take precedence over the spacing standards described in Table 1.
(d) For a signalized private approach, signal spacing standards established by the department by rule supersede the spacing standards described in Table 1.
(e) The spacing standards in Table 1 do not apply to approaches in existence prior to January 1, 2012, except when:
(A) A new or change of use of an approach permit is required under ORS 374.312.
(B) Infill development or infill redevelopment occurs and spacing or safety will be improved by moving in the direction of the spacing standards described in Table 1.
(C) A highway or interchange project occurs and spacing or safety will be improved by moving in the direction of the spacing standards described in Table 1.
(f) The spacing standards for a statewide highway, regional highway or district highway that is designated as an expressway by the commission where the annual average daily traffic is 5,000 or fewer motor vehicles are described in Tables 2 to 4.
(2) When making a decision to approve or deny an application for an approach permit, the department shall apply, as one of the standards, the standards in Table 2 for spacing between approaches on statewide highways where the annual average daily traffic is more than 5,000 motor vehicles:

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TABLE 2

Speed (miles per hour)

Expressway Rural Areas (distance in feet)

Expressway Urban Areas (distance in feet)

Rural Areas (distance in feet)

Urban Areas (distance in feet)

55 or higher

5,280

2,640

1,320

1,320

50

5,280

2,640

1,100

1,100

40 & 45

5,280

2,640

990

800

30 & 35

-

-

770

500

25 & lower

-

-

550

350

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(a) For spacing between private approaches, the spacing standards described in Table 2 apply to the distance measured along the highway from the center of an existing or proposed private approach to the center of the nearest existing or proposed private approach on the same side of the highway in both directions. For spacing between a private and a public approach, the standard applies to the distance measured in both directions along the highway from the center of an existing or proposed private approach to the center of the nearest intersection of the highway with a public approach or another state highway.
(b) The spacing standards for approaches on one-way highways or highways with a raised or depressed nontraversable median where only a right-hand or left-hand turn into and from the approach is allowed are one-half the spacing standards described in Table 2.
(c) Special transportation areas, access management plans, corridor plans, interchange area management plans or interchange management areas, as designated by the commission, may have spacing standards that take precedence over the spacing standards described in Table 2.
(d) For a signalized private approach, signal spacing standards established by the department by rule supersede the spacing standards described in Table 2.
(e) The spacing standards in Table 2 do not apply to approaches in existence prior to January 1, 2012, except when:
(A) A new or change of use of an approach permit is required under ORS 374.312.
(B) Infill development or infill redevelopment occurs and spacing and safety will be improved by moving in the direction of the spacing standards described in Table 2.
(C) A highway or interchange project occurs and spacing and safety will be improved by moving in the direction of the spacing standards described in Table 2.
(f) The spacing standards described in Table 2 for a statewide highway that is designated as an expressway by the commission also apply to an expressway where the annual average daily traffic is 5,000 or fewer motor vehicles.
(3) When making a decision to approve or deny an application for an approach permit, the department shall apply, as one of the standards, the standards in Table 3 for the spacing between approaches on regional highways where the annual average daily traffic is more than 5,000 motor vehicles:

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TABLE 3

Speed (miles per hour)

Expressway Rural Areas (distance in feet)

Expressway Urban Areas (distance in feet)

Rural Areas (distance in feet)

Urban Areas (distance in feet)

55 or higher

5,280

2,640

990

990

50

5,280

2,640

830

830

40 & 45

5,280

2,640

750

500

30 & 35

-

-

600

350

25 & lower

-

-

450

250

______________________________________________________________________________

(a) For spacing between private approaches, the spacing standards described in Table 3 apply to the distance measured along the highway from the center of an existing or proposed private approach to the center of the nearest existing or proposed private approach on the same side of the highway in both directions. For spacing between a private and a public approach, the standard applies to the distance measured in both directions along the highway from the center of an existing or proposed private approach to the center of the nearest intersection of the highway with a public approach or another state highway.
(b) The spacing standards for approaches on one-way highways or highways with a raised or depressed nontraversable median where only a right-hand or left-hand turn into and from the approach is allowed are one-half the spacing standards described in Table 3.
(c) Special transportation areas, access management plans, corridor plans, interchange area management plans or interchange management areas, as designated by the commission, may have spacing standards that take precedence over the spacing standards described in Table 3.
(d) For a signalized private approach, signal spacing standards established by the department by rule supersede the spacing standards described in Table 3.
(e) The spacing standards in Table 3 do not apply to approaches in existence prior to January 1, 2012, except when:
(A) A new or change of use of an approach permit is required under ORS 374.312.
(B) Infill development or infill redevelopment occurs and spacing and safety will be improved by moving in the direction of the spacing standards described in Table 3.
(C) A highway or interchange project occurs and spacing and safety will be improved by moving in the direction of the spacing standards described in Table 3.
(f) The spacing standards described in Table 3 for a regional highway that is designated as an expressway by the commission also applies to an expressway where the annual average daily traffic is 5,000 or fewer motor vehicles.
(4) When making a decision to approve or deny an application for an approach permit, the department shall apply, as one of the standards, the standards in Table 4 for the spacing between approaches on district highways where the annual average daily traffic is more than 5,000 motor vehicles:

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TABLE 4

Speed (miles per hour)

Expressway Rural Areas (distance in feet)

Expressway Urban Areas (distance in feet)

Rural Areas (distance in feet)

Urban Areas (distance in feet)

55 or higher

5,280

2,640

700

700

50

5,280

2,640

550

550

40 & 45

5,280

2,640

500

500

30 & 35

-

-

400

350

25 & lower

-

-

400

250

______________________________________________________________________________

(a) For spacing between private approaches, the spacing standards described in Table 4 apply to the distance measured along the highway from the center of an existing or proposed private approach to the center of the nearest existing or proposed private approach on the same side of the highway in both directions. For spacing between a private and a public approach, the standard applies to the distance measured in both directions along the highway from the center of an existing or proposed private approach to the center of the nearest intersection of the highway with a public approach or another state highway.
(b) The spacing standards for approaches on one-way highways or highways with a raised or depressed nontraversable median where only a right-hand or left-hand turn into and from the approach is allowed are one-half the spacing standards described in Table 4.
(c) Special transportation areas, access management plans, corridor plans, interchange area management plans or interchange management areas, as designated by the commission, may have spacing standards that take precedence over the spacing standards described in Table 4.
(d) For a signalized private approach, signal spacing standards established by the department by rule supersede the spacing standards described in Table 4.
(e) The spacing standards in Table 4 do not apply to approaches in existence prior to January 1, 2012, except when:
(A) A new or change of use of an approach permit is required under ORS 374.312.
(B) Infill development or infill redevelopment occurs and spacing and safety will be improved by moving in the direction of the spacing standards described in Table 4.
(C) A highway or interchange project occurs and spacing and safety will be improved by moving in the direction of the spacing standards described in Table 4.
(f) The spacing standards described in Table 4 for a district highway that is designated as an expressway by the commission also apply to an expressway where the annual average daily traffic is 5,000 or fewer motor vehicles.
(5)
(a) The department may require channelization on the highway as a condition for the approval of an approach permit if any of the following conditions exist:
(A) The number of average daily trips at the property exceeds 400 when the property is located on a two-lane highway with an annual average daily traffic of 5,000 or more motor vehicles.
(B) The number of average daily trips at the property exceeds 400 when the property is located on a four-lane highway with an annual average daily traffic of 10,000 or more motor vehicles.
(C) The product of the number of average daily trips at the property multiplied by the annual average daily traffic on the highway is equal to or greater than the products listed in the table below:

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TABLE 5

Product of Property's Average Daily Trips Multiplied by the Abutting Highway's Annual Average Daily Traffic (Millions)

Number of highway lanes

Speed 25 mph or lower

Speed 30-35 mph

Speed 40-45 mph

Speed 50 mph or higher

2 lanes

5.1

3.9

1.8

1.3

4 lanes

10.2

7.8

3.6

2.6

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(b) The number of average daily trips at a property may be determined by a traffic impact analysis or from national standards, as determined by the department. A vehicle that enters and exits a property has made two trips.
(c) The annual average daily traffic for a state highway may be determined from the most recent edition of the transportation volume tables published annually by the department. The department shall post the transportation volume tables on the department's website.
(6) The department may adopt by rule a standard for sight distance based on nationally accepted standards.
(7) As used in this section:
(a) "Infill development" means the development of vacant or remnant land that has been passed over by previous development and that is consistent with zoning. Infill occurs in urban areas. It may also occur in rural areas on commercially or industrially zoned land where the land has been developed into an urban block pattern including a local street network where the highway speed is 45 miles per hour or less.
(b) "Infill redevelopment" means changing an existing development including replacement, remodeling or reuse of existing structures to accommodate new development that is consistent with current zoning. Redevelopment occurs in urban areas. It may also occur in rural areas on commercially or industrially zoned land where the land has been developed into an urban block pattern including a local street network and where the highway speed is 45 miles per hour or less.
(c) "Rural" means the area outside an urban growth boundary, the area outside a special transportation area in an unincorporated community or the area outside an urban unincorporated community.
(d) "Speed" means the speed limit established in ORS 811.111 or the designated speed posted under ORS 810.180.
(e) "Urban" means the area within an urban growth boundary, the area within a special transportation area of an unincorporated community or the area within an urban unincorporated community.

ORS 374.311

2011 c. 330, § 17

374.311 and 374.314 were added to and made a part of 374.302 to 374.334 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.