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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF TRANSPORTATION

 

DIVISION 12

REDUCTION OF VEHICLE-CARRYING CAPACITY

731-012-0010

Purpose

This division implements ORS 366.215. The purpose of this division is to define terms, identify a review process and facilitate communication and development of consensus during this review process.

Stat. Auth.: ORS 184.616, 184.619, 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13

731-012-0020

Definitions

For the purposes of Division 12 rules, the following terms have the following definitions, unless the context clearly indicates otherwise:

(1) “Access Considerations” means activities regulated under OAR 734-051, and ORS 374.300 to 374.360

(2) “Chief Engineer” means the Chief Engineer of the Oregon Department of Transportation.

(3) “Commission” means Oregon Transportation Commission.

(4) “Department” means Oregon Department of Transportation.

(5) “Director” means the Director of the Oregon Department of Transportation.

(6) “Engineer” means a professional engineer licensed by the State of Oregon.

(7) “Mobility Policy Committee” means a committee of the Director, Chief of Staff, Motor Carrier Division Administrator, Highway Division Administrator, and the Transportation Development Division Administrator of the Oregon Department of Transportation that oversees Department policies related to the statewide traffic mobility program.

(8) “Oregon Highway Plan (OHP)” means the Oregon Highway Plan adopted by the Oregon Transportation Commission, pursuant to ORS 184.618.

(9) “Permanent Reduction” means a reduction subject to this rule will be considered permanent if the reduction is intended to be permanently left in place after installation and is not easily removable for short-term expansion of Vehicle-Carrying Capacity. (Permanent structures could include, but are not limited to, traffic signals, signposts, stationary bollards, curbs, trees, raised or depressed medians, roundabouts, streetlights and overhead wiring.) If there is uncertainty as to whether or not a structure is permanent, the Department will provide an opportunity for Stakeholder Forum input.

(10) “Proposed Action” means any activity that will alter, relocate, change or realign a state highway including those proposed in planning documents approved by a public agency.

(11) “Reduction of Vehicle-Carrying Capacity” means a permanent reduction in the horizontal or vertical clearance of a highway section, by a permanent physical obstruction to motor vehicles located on useable right-of-way subject to Commission jurisdiction, unless such changes are supported by the Stakeholder Forum. Street markings such as bike lane striping or on street parking are not considered a reduction of vehicle-carrying capacity.

(12) “Reduction Review Routes” means identified state highways that require a review under this rule prior to a Reduction of Vehicle-Carrying Capacity. For the purposes of this rule, the Reduction Review Routes will be the routes subject to ORS 366.215.

(13) “Safety” means the condition of reduced risk of death or bodily injury associated with any mode of transportation as determined by established engineering practice.

(14) “Safety Consideration” means a consideration for determining when the Department will reduce Vehicle-Carrying Capacity. This can occur when an Engineer, after evaluating pertinent information and applying appropriate principles, decides that a safety countermeasure is required for reducing certain types of crashes that are occurring or, in the judgment of the Engineer, have a high risk of occurring and are of the type that would produce severe injuries (i.e., injuries involving pedestrians and/or bicyclists).

(15) “Stakeholder Forum” means a group of stakeholders with open membership that meets on an as-needed basis to advise the Department regarding the affect of Proposed Actions on the ability to move motor vehicles through a section of highway. Statewide transportation stakeholders and local agency(ies) affected by a proposed action will be invited to participate in the Stakeholder Forum meetings. At a minimum, the Department will invite to each Stakeholder Forum; a bicycle representative, pedestrian representative, a trucking industry representative, a mobile home manufacturing representative, an oversize load freight representative, a representative of automobile users, and a representative from any affected city, county or Metropolitan Planning Organization. In the case of a development review (ODOT staff review of a proposed land use action), a representative of the affected development will also be invited to participate in the meeting.

(16) “Vehicle-Carrying Capacity” means the horizontal or vertical clearance of a highway section that can physically carry motor vehicles.

Stat. Auth.: ORS 184.616, 184.619, 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13

731-012-0030

Reduction Review Routes

(1) The Department will establish a system of Reduction Review Routes for the purposes of the implementation of ORS 366.215. The Reduction Review Routes will consist of the routes listed below. Reduction Review Routes include all parts of the state highway(s) that must be travelled to complete the prescribed route and/or connect with other state highways. This includes couplets and on and off ramps. [Table not included. See ED. NOTE.]

(2) The Reduction Review Routes will be added to the OHP policy section. After the Commission adopts this amendment, the OHP Reduction Review Routes subject to Commission jurisdiction will be used to implement this rule.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 184.616, 184.619 & 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13; DOT 1-2014, f. & cert. ef. 4-23-14; DOT 2-2014, f. & cert. ef. 7-10-14

731-012-0040

Application of the Rule

(1) A review of potential permanent Reduction of Vehicle-Carrying Capacity is required for all Proposed Actions located on a Reduction Review Route. Proposed Actions that are not located on a Reduction Review Route are not subject to Division 12.

(2) Department staff will determine if a Proposed Action is located on a Reduction Review Route.

(3) If Department staff determine that the Proposed Action is not on a Reduction Review Route, no further Division 12 review is required. The Department may continue with the Proposed Action using Department processes including other appropriate reviews not covered by this division.

(4) If a Proposed Action is on a Reduction Review Route, Department staff will notify the affected local agencies, and in the case of a development review, the affected applicant prior to proceeding with the determination of a potential Reduction of Vehicle-Carrying Capacity.

Stat. Auth.: ORS 184.616, 184.619, 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13

731-012-0050

Determination of a Potential Reduction of Vehicle-Carrying Capacity

(1) Department staff is responsible for identifying if the Proposed Action has the potential for a Reduction of Vehicle-Carrying Capacity.

(2) When identifying the potential for a Reduction of Vehicle-Carrying Capacity, Department staff will employ an appropriate level of analysis of the Proposed Action. During this analysis Department staff may review plans and designs, and consult with technical experts outside the Department. In making this identification, the Department will involve staff from the appropriate Department Divisions. (For example, the addition of a raised median may involve staff from the Highway Division and the Motor Carrier Transportation Division.)

(3) If the Department determines that a Proposed Action would not result in a Reduction of Vehicle-Carrying Capacity, no further Division 12 review is required. The Department may continue with the Proposed Action using Department processes including other appropriate reviews not covered by this division.

(4) If a Proposed Action has the potential for a Reduction of Vehicle-Carrying Capacity, Department staff will notify the affected local agencies, and in the case of a development review, the affected applicant prior to proceeding with a Stakeholder Forum review.

Stat. Auth.: ORS 184.616, 184.619, 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13

731-012-0060

Stakeholder Forum

(1) If Department staff identify that the Proposed Action has the potential for a Reduction of Vehicle-Carrying Capacity, a Stakeholder Forum will be convened.

(2) In preparation for a Stakeholder Forum meeting, Department staff will prepare a project description including any anticipated Safety Considerations and Access Considerations.

(3) Department staff will ask the Stakeholder Forum to review the project description of a Proposed Action and provide advice to the Director regarding whether or not the Proposed Action meets the definition of Reduction of Vehicle-Carrying Capacity. The Stakeholder Forum may advise the Department that a Proposed Action will not result in a Reduction of Vehicle-Carrying. Pursuant to 731-012-0020(10) the Stakeholder Forum may also record support for a Proposed Action regardless of any changes to horizontal or vertical clearance.

(4) Department staff will prepare documentation of Stakeholder Forum advice and recommendations. Documentation will include which elements of the Reduction of Vehicle-Carrying Capacity definition 731-012-0020(10) the Stakeholder Forum feels will result in the reduction.

(5) If agreement is reached by the Stakeholder Forum on a design that avoids any actual Reduction of Vehicle-Carrying Capacity or is supported by the Stakeholder Forum no further division 12 review is required.” The Department may continue with the Proposed Action using Department processes including other appropriate reviews not covered by this division.

Stat. Auth.: ORS 184.616, 184.619, 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13

731-012-0070

Stakeholder Forum Planning Input

(1) Planning documents that include Proposed Actions on Reduction Review Routes, and are subject to Commission adoption, approval, or acceptance must be presented to the Stakeholder Forum. The Stakeholder Forum presentation must include an opportunity for identification of the Vehicle-Carrying Capacity needs from the prospective of the members of the forum.

(2) In some cases, a Proposed Action may be located within a planning document such as a transportation system plan or facility plan. Depending on the time period covered by the planning document, and the scheduled start date of the conceptual Proposed Actions, the planning document may not contain sufficient detail to determine if a Reduction of Capacity will result from the Proposed Actions.

(3) If a planning document includes proposed actions on a Reduction Review Route, but does not contain sufficient detail to determine if a Reduction of Capacity will result from such actions, then the plan must include a record of all Reduction Review Routes in the area subject to the plan, and the document must indicate that proposed roadway dimensions (such as total road width, lane widths, median widths, bike lane widths, shoulder widths, etc) are subject to review of Vehicle-Carrying Capacity during future design.

(4) Planning documents that include documenting Stakeholder Forum comments and identification of the need for future Vehicle-Carrying Capacity review may be finalized without the Commission approving a reduction of capacity at the time of plan completion.

Stat. Auth.: ORS 184.616, 184.619, 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13

731-012-0080

Proposed Actions for Access

(1) After consultation with the Stakeholder Forum, Department staff will identify if the Proposed Action is subject to OAR 734, division 51 (Access Management). All activities that are required for the Department’s administration of OAR 734, division 51 or implementation of ORS 374.300 to 374.360, and ¦27, ch. 330, OL 2011 are not subject to this rule. The Department may continue with the Proposed Action using Department processes proscribed in OAR 734, division 51.

Stat. Auth.: ORS 184.616, 184.619, 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13

731-012-0090

Proposed Actions for Safety

(1) After reviewing the Safety Considerations of a Proposed Action that has the potential to result in a Reduction of Vehicle-Carrying Capacity, Department staff may recommend a determination that the reduction is required by the Department for Safety purposes.

(2) Department staff will use engineering judgment supported by the documented record of Safety Consideration to determine if the Proposed Action is required for Safety.

(3) Any Department staff recommendation that a Proposed Action is required by the Department for Safety purposes will be forwarded to the Director and the Chief Engineer prior to Director Determination of Reduction of Vehicle-Carrying Capacity.

Stat. Auth.: ORS 184.616, 184.619, 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13

731-012-0100

Director Determination of Reduction of Vehicle-Carrying Capacity

(1) If a Proposed Action has a potential for a Reduction of Vehicle-Carrying Capacity that cannot be resolved through the Stakeholder Forum, including affected local agencies, and is not needed for Access Considerations (731-012-0080) then the Director will determine if the Proposed Action would be a Reduction of Vehicle-Carrying Capacity.

(2) The Director will review the Department staff record for a Proposed Action (including potential Safety Considerations) and make a determination on whether or not the Proposed Action is a Reduction of Vehicle-Carrying Capacity.

(3) In making such determinations the Director may consider such information as:

(a) The existing and proposed highway design and plans;

(b) Previously approved Reduction of Vehicle-Carrying Capacity documented for the highway segment of the Proposed Action;

(c) Existing limited Vehicle-Carrying Capacity at other locations within the highway system that limit the ability of a vehicle to get to the highway segment of the Proposed Action;

(d) Stakeholder Forum meeting comments from stakeholders, affected local agencies and the public;

(e) Function of roadway for all transportation modes including freight, vehicle, transit, pedestrian, and bicycle;

(f) Reasonable alternate routes on the state highway system; and

(g) Consultation with Department staff, such as the Mobility Policy Committee, Traffic Engineer and Chief Engineer.

(4) The Director may determine that a Proposed Action will or will not be a Reduction of Vehicle-Carrying Capacity, or may direct Department staff to revise the Proposed Action and hold another Stakeholder Forum meeting pursuant to 731-012-0060. Department staff will provide notification of the Director’s determination to the affected local agencies, stakeholder forum and in the case of a development review, the affected applicant. If the Director determines that the Proposed Action will result in a Reduction of Capacity, the Department will inform the affected local agency(ies) about their right to request an exemption of ORS 366.215 under 731-012-0120.

(5) If the Director determines the Proposed Action will not result in a Reduction of Vehicle-Carrying Capacity then the Department may continue with the Proposed Action using Department processes including other appropriate reviews not covered by this division.

Stat. Auth.: ORS 184.616, 184.619, 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13

731-012-0110

Chief Engineer Certification

(1) If the Department staff has recommended that a Proposed Action should be required by the Department for Safety purposes and the Director determines there is a reduction of vehicle-carrying capacity, then the Chief Engineer will review the Proposed Action and certify (through a memo) that the Proposed Action will be required by the Department for Safety purposes. Prior to certifying the reduction, the Chief Engineer will review the documented Safety Considerations of the Proposed Action.

(2) Proposed Actions certified by the Chief Engineer required for Safety purposes will be presented to the Commission for approval.

Stat. Auth.: ORS 184.616, 184.619, 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13

731-012-0120

Local Agency Exemption from Restrictions Prohibiting Reduction of Vehicle-Carrying Capacity

(1) At the request of an affected local agency, the Department region manager must direct Department staff to prepare a Commission agenda item for an exemption request. The local agency is responsible for providing analysis that documents the reason for the request and for demonstrating that the Proposed Action will not unreasonably impede the movement of freight.

(2) The local agency analysis may include, as appropriate to the proposed action, information such as:

(a) Safety;

(b) Access;

(c) The interests of the state as identified in statute, rule, regulation or policy;

(d) Approved plans covering the area of the Proposed Action;

(e) Input from the Stakeholder Forum regarding the potential of the Proposed Action to unreasonably impede the movement of freight;

(f) The assurance of alternative routes consisting of local streets and state and local highways; and

(g) Function of roadway for all transportation modes, including freight, vehicle, transit, pedestrian, and bicycle.

Stat. Auth.: ORS 184.616, 184.619, 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13

731-012-0130

Commission Decision

(1) When there has been a determination by the Director that a Proposed Action results in a Reduction of Vehicle-Carrying Capacity, and there has been a determination that the Proposed Action is needed or required for Safety Considerations, or a local government requests and exemption under ORS 366.215(3), the Commission will make the final determination and may authorize proceeding with the Proposed Action or granting the exemption.

(2) The Department staff will prepare meeting materials for the Commission that include a record of any Safety Considerations, Access Considerations, Stakeholder Forum advice, or Chief Engineer determination.

(3) Any Commission approval of an exemption will include a determination that the exemption is in the best interest of the state and that the movement of freight will not be unreasonably impeded.

Stat. Auth.: ORS 184.616, 184.619, 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13

731-012-0140

Record Keeping

(1) The Department will publish on a website and maintain for least ten years, a record of all Department, Director and Commission determinations regarding a Reduction of Vehicle-Carrying Capacity and of all Commission approved Reductions of Vehicle-Carrying Capacity.

(2) The Department record of determinations will include the following information:

(a) The route number and Department highway number, mile-point range, (roadway 1 or 2);

(b) Brief description of project;

(c) Date of determination;

(d) The approved minimum horizontal clearance;

(e) The approved minimum vertical clearance;

(f) Any other site-specific requirements identified in the determination;

(g) If a subsequent review is required prior to construction;

(h) Any Commission determination based on the best interest of the state; and

(i) Any Commission determination that the movement of freight will not be unreasonably impeded.

(3) The Department will publish on a website and maintain for least ten years, a record of all Reduction of Vehicle-Carrying Capacity Stakeholder Forum discussions regarding proposed potential Reductions of Vehicle-Carrying Capacity. The Department record of Stakeholder Forum meetings will include the following information:

(a) Stakeholders present;

(b) Stakeholders invited to participate;

(c) Brief description of project;

(d) Date of discussion;

(e) The signed route number and Department highway number, mile-point range (roadway 1 or 2);

(f) Any site specific conditions identified by stakeholders including the identification of a potential for a permanent reduction in the horizontal or vertical clearance of a highway section;

(g) Formal support of a Proposed Action despite any proposed changes to the horizontal or vertical clearance of a highway section;

(h) Any recommendation that the Proposed Action would not result in a Reduction of Vehicle-Carrying Capacity; and

(i) Any requests for additional information.

Stat. Auth.: ORS 184.616, 184.619, 366.205
Stats. Implemented: ORS 366.215
Hist.: DOT 4-2013, f. & cert. ef. 8-26-13

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