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Oregon State Highway Right-of-Way (3-OR-c)

Information current as of 2020
In Oregon, a developer may need an Encroachment Permit from the Oregon Department of Transportation (ODOT) for encroachments of state highway right of ways. Or. Admin. R. 734-051-1050(3)(b). Encroachments include the building of new approaches, the installation, maintenance, and operation of utility facilities such as pipe lines, pole lines, buried cable, and conduits, and other activities that may affect the right of way. The ODOT regulates state highway encroachments pursuant to Or. Admin. R. 734-051-1010–734-051-7010; Or. Admin. R. 734-055-0005–734-055-0110.

State Highway Right-of-Way Process

3-OR-c.1 to 3-OR-c.2 Will the Activity Encroach on a State Highway Right of Way?

Activities that encroach on a state highway right of way require a permit from ODOT. Activities that require a permit include utility installation and maintenance, approach roads, and other miscellaneous activities. Or. Admin. R. 734-051-1050(3)(b).

3-OR-c.3 – Is the Encroachment a Access or Approach Road to a State Highway?

ODOT has a separate application form for encroachments that are access or approach roads. See Application for State Highway Approach and Application to Occupy or Perform Operations Upon a State Highway.

3-OR-c.4 – Hold Pre-Application Meeting

ODOT suggests that the developer hold a pre-application meeting with ODOT before filling an application for an Approach Permit.

The purpose of a pre-application meeting is to review general application requirements, processing timelines, technical requirements and any other issues specific to the application. The developer is expected to bring the following information to the pre-application meeting: a preliminary site plan, description of exiting and proposed land uses, and estimated vehicle trips. See Or. Admin. R. 734-051-3030(2)(c); ODOT - Request for Pre-Application Meeting for State Highway Approach.

3-OR-c.5 - Application for State Highway Approach

The developer must file an Application for State Highway Approach with the local ODOT district office. ODOT maintains a contact list and district maps. ODOT District List.

To complete the application the developer must include a site plan diagram and the appropriate fees. If the developer does not own the land to be served by the approach then the developer is required to get the signature of the property owner stating that the developer is its designated agent. See Application for State Highway Approach.

The regulations for approaches are in Or. Admin. R. 734–051.

3-OR-c.6 – Application to Occupy or Perform Operations Upon a State Highway

For non-approach encroachments the developer must complete an Application to Occupy or Perform Operations Upon a State Highway. Depending on the type of encroachment ODOT may require the developer to obtain a bond and/or insurance.

The regulations for encroachments are in Or. Admin. R. 734–055.

3-OR-c.8 – Is the Application Complete?

ODOT will notify the developer if it requires additional information or if the application is incomplete. Or. Admin. R. 734-051-3040(2).

3-OR-c.9 – Encroachment / Approach Permit

ODOT issues Encroachment and Approach Permits for state highways. The developer is required to comply with any limitation or restrictions in the permit. Or. Admin. R. 734-051-3040(8).

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