DIVISION 29
ADOPT-A-HIGHWAY PROGRAM
734-029-0005
Purpose
The purpose of this program is to provide citizens of Oregon an opportunity to control litter and improve the appearance of the State Highway System in accordance with Oregon Laws 1991, Chapter 486.
Stat. Auth.: ORS
366
Stats. Implemented: ORS
366.158
Hist.: HWY 6-1992, f. & cert. ef. 3-26-92
734-029-0010
Scope
Any person, as defined by ORS 174.100(5) and these rules, may adopt a section of highway on the State Highway System for the purpose of picking up and removing litter and trash from the right-of-way. Work activities may also include maintenance of landscaping improvements.
Stat. Auth.: ORS 366
Stats. Implemented: ORS 366.158
Hist.: HWY 6-1992, f. & cert. ef. 3-26-92
734-029-0020
Definitions
As used in these rules:
(1) A "Person" is defined as including individuals, corporations, associations, firms, partnerships, and joint stock companies.
(2) An "Applicant" is defined as the individual, group or person adopting the section of highway.
(3) A "Spokesperson" is defined as the individual chosen by an applicant group to represent the group.
(4) A "Participant" is defined as an individual or member of an applicant group actually performing work on the highway under this program.
Stat. Auth.: ORS
366
Stats. Implemented: ORS
366.158
Hist.: HWY 6-1992, f. & cert. ef. 3-26-92
734-029-0030
General Requirements
(1) The applicant's spokesperson must apply in writing to the District Manager of the Department of Transportation (department) for the district in which the section of highway being adopted is located.
(2) An "Adopt-A-Highway" miscellaneous permit (reference OAR Chapter 734, Division 55) will be executed by the applicant's spokesperson and the department. The permit will list the specific requirements and obligations of both the applicant and/or its participants and the department.
(3) The section of highway adopted shall be at least two miles in length for litter pickup work. (If there are unique or unusual situations or features having to do with litter pickup on a specific highway section or for maintenance of landscaping improvements, the District Manager may modify this minimum.)
(4) The term of the permit will be for a period of one, two, or three years.
(5) If more than one applicant requests the same section of highway, the District Manager may make the selection by earliest date of application or by a drawing.
(6) Assignment of a specific section of highway shall be at the discretion of the District Manager.
(7) The District Manager may consider factors such as width of right-of-way, geometrics, congestion, and reduced sight distance in determining which highways or highway sections will be eligible for this program.
(8) Subcontracting or assigning the adopted section by the applicant is prohibited and will result in cancellation of the permit.
(9) This program may, at any time and for any reason, be canceled, modified in scope, or altered in any other manner at the sole discretion of the Chief Engineer. Such alteration of the program shall apply to all permits issued prior to such date unless otherwise specified.
(10) The District Manager may cancel a permit for any reason including, but not limited to safety considerations concerning highway operations, failure of the applicant to perform and failure of the applicant or its participants to comply with provisions of the permit. This cancellation will be issued in writing.
(11) The applicant may cancel the permit with 30 days written notice to the department.
(12) An applicant has the option of renewing the permit for subsequent terms, subject to the approval of the District Manager.
(13) The department shall not issue a permit under this program to any applicant whose objectives and values are determined to be inconsistent with the public interest and the department's charge and responsibilities under Oregon law. To make this determination, the District Manager will rely on:
(a) Oregon Department of Transportation published mission and values;
(b) All of the information provided in the application and any other information considered to be common knowledge of the general public in the District or in the geographic area of the highway section to be adopted;
(c) Information which may be requested of the applicant by the District Manager. This information may include bylaws, articles of incorporation, or literature of the applicant. Failure to provide such information upon request may be grounds for denial of a permit.
Stat. Auth.: ORS
366
Stats. Implemented: ORS
366.158
Hist.: HWY 6-1992, f. & cert. ef. 3-26-92
734-029-0040
Specific Requirements
(1) Applicant Organization and Participant Responsibilities:
(a) Each participant will be required to execute a liability release form reflecting the participant's awareness and acknowledgement of the potentially hazardous nature of the work involved;
(b) Each participant will be required to comply with and abide by all laws, rules, and regulations relating to safety and use of the highway, and such other terms and conditions as may be required by the District Manager for special conditions on a particular adopted highway section. Individual participants may be excluded from participation or the permit canceled, at the discretion of the District Manager for violation of this section;
(c) Adult supervision is required. Participation by or presence at the work site of individuals under 16 years of age is not permitted;
(d) Each applicant is required to conduct at least two safety meetings per year to inform each participant concerning personal, group, and motorist safety. Each participant is required to attend a safety meeting before participating in the actual work;
(e) Each applicant is required to pick up litter a minimum of four times a year. This frequency may be modified (increased or decreased) by the District Manager dependent on condition and appearance of the highway section;
(f) If maintenance of landscaping improvements is a planned work activity, the scope of work and specific requirements and limitations will be agreed to by the applicant's spokesperson and the District Manager, and identified in the permit;
(g) Supplies, materials, and work area signs furnished by the Department of Transportation (department) will be obtained from and returned to the department during regular business hours. An applicant may furnish its own supplies for its exclusive use;
(h) Each applicant will be responsible for appointing or selecting a spokesperson. The spokesperson's responsibilities include assuring compliance by participants with safety procedures, proper participant clothing and footwear, proper parking of vehicle(s) along the highway, providing a first-aid kit and adequate drinking water, and arranging transportation of the participants to and from the work site;
(i) Each group participant will be responsible for placing litter in trashbags furnished by the department.
(2) Department Responsibilities:
(a) The department will consult with an applicant to determine the specific section of highway to be adopted;
(b) The department will furnish work area signs, trashbags, reflective vests, and safety awareness information for applicant safety meetings;
(c) The department will furnish and erect two acknowledgement signs, one at each end of the adopted highway section with the group's name or acronym displayed. If the department determines that the sign(s) would create an unsafe condition for persons using the highway, it may choose not to erect the sign(s). The signs will be removed when the permit is canceled or terminated;
(d) The department will be responsible for removal of the filled bags from the highway and for removing litter from the adopted section under unusual circumstances, i.e., to remove large, heavy, or hazardous items. The department will remove landscaping debris if it is bagged and/or piled at a location as directed by the District Manager.
Stat. Auth.: ORS
366
Stats. Implemented: ORS
366.158
Hist.: HWY 6-1992, f. & cert. ef. 3-26-92
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