Current through Register Vol. 63, No. 9, September 1, 2024
(1) This rule identifies transportation
facilities, services and improvements which may be permitted on rural lands
consistent with Goals 3, 4, 11, and 14 without a goal exception.
(2) For the purposes of this rule, the
following definitions apply:
(a) "Access
Roads" means low volume public roads that principally provide access to
property or as specified in an acknowledged comprehensive plan;
(b) "Collectors" means public roads that
provide access to property and that collect and distribute traffic between
access roads and arterials or as specified in an acknowledged comprehensive
plan;
(c) "Arterials" means state
highways and other public roads that principally provide service to through
traffic between cities and towns, state highways and major destinations or as
specified in an acknowledged comprehensive plan;
(d) "Accessory Transportation Improvements"
means transportation improvements that are incidental to a land use to provide
safe and efficient access to the use;
(e) "Channelization" means the separation or
regulation of conflicting traffic movements into definite paths of travel by
traffic islands or pavement markings to facilitate the safe and orderly
movement of both vehicles and pedestrians. Examples include, but are not
limited to, left turn refuges, right turn refuges including the construction of
islands at intersections to separate traffic, and raised medians at driveways
or intersections to permit only right turns. "Channelization" does not include
continuous median turn lanes;
(f)
"Realignment" means rebuilding an existing roadway on a new alignment where the
new centerline shifts outside the existing right of way, and where the existing
road surface is either removed, maintained as an access road or maintained as a
connection between the realigned roadway and a road that intersects the
original alignment. The realignment shall maintain the function of the existing
road segment being realigned as specified in the acknowledged comprehensive
plan;
(g) "New Road" means a public
road or road segment that is not a realignment of an existing road or road
segment.
(3) The
following transportation improvements are consistent with Goals 3, 4, 11, and
14 subject to the requirements of this rule:
(a) Accessory transportation improvements for
a use that is allowed or conditionally allowed by ORS
215.213,
215.283 or OAR chapter 660,
division 6 (Forest Lands);
(b)
Transportation improvements that are allowed or conditionally allowed by ORS
215.213,
215.283 or OAR chapter 660,
division 6 (Forest Lands);
(c)
Channelization not otherwise allowed under subsections (a) or (b) of this
section;
(d) Realignment of roads
not otherwise allowed under subsection (a) or (b) of this section;
(e) Replacement of an intersection with an
interchange;
(f) Continuous median
turn lane;
(g) New access roads and
collectors within a built or committed exception area, or in other areas where
the function of the road is to reduce local access to or local traffic on a
state highway. These roads shall be limited to two travel lanes. Private access
and intersections shall be limited to rural needs or to provide adequate
emergency access.
(h) Bikeways,
footpaths and recreation trails not otherwise allowed as a modification or part
of an existing road;
(i) Park and
ride lots;
(j) Railroad mainlines
and branchlines;
(k)
Pipelines;
(l) Navigation
channels;
(m) Replacement of docks
and other facilities without significantly increasing the capacity of those
facilities;
(n) Expansions or
alterations of public use airports that do not permit service to a larger class
of airplanes; and
(o)
Transportation facilities, services and improvements other than those listed in
this rule that serve local travel needs. The travel capacity and performance
standards of facilities and improvements serving local travel needs shall be
limited to that necessary to support rural land uses identified in the
acknowledged comprehensive plan or to provide adequate emergency
access.
(4) Accessory
transportation improvements required as a condition of development listed in
subsection (3)(a) of this rule shall be subject to the same procedures,
standards and requirements applicable to the use to which they are
accessory.
(5) For transportation
uses or improvements listed in subsections (3)(d) to (g) and (o) of this rule
within an exclusive farm use (EFU) or forest zone, a jurisdiction shall, in
addition to demonstrating compliance with the requirements of ORS
215.296:
(a) Identify reasonable build design
alternatives, such as alternative alignments, that are safe and can be
constructed at a reasonable cost, not considering raw land costs, with
available technology. The jurisdiction need not consider alternatives that are
inconsistent with applicable standards or not approved by a registered
professional engineer;
(b) Assess
the effects of the identified alternatives on farm and forest practices,
considering impacts to farm and forest lands, structures and facilities,
considering the effects of traffic on the movement of farm and forest vehicles
and equipment and considering the effects of access to parcels created on farm
and forest lands; and
(c) Select
from the identified alternatives, the one, or combination of identified
alternatives that has the least impact on lands in the immediate vicinity
devoted to farm or forest use.
(6) Notwithstanding any other provision of
this division, if a jurisdiction has not met the deadline for TSP adoption set
forth in OAR 660-012-0055, or any extension thereof, a transportation
improvement that is listed in section (5) of this rule and that will
significantly reduce peak hour travel time as provided in OAR 660-012-0035(10)
may be allowed in the urban fringe only if the jurisdiction applies either:
(a) The criteria applicable to a "reasons"
exception provided in Goal 2 and OAR 660, division 4; or
(b) The evaluation and selection criteria set
forth in OAR 660-012-0035.
Stat. Auth.: ORS 183,
197.040,
197.245,
215.213,
215.283,
215.296
Stats. Implemented: ORS
195.025,
197.040,
197.230,
197.245,
197.712,
197.717, 197.232,
215.213,
215.283
