(1) No person, firm or corporation may place, build or construct on the right of way of any state highway or county road, any approach road, structure, pipeline, ditch, cable or wire, or any other facility, thing or appurtenance, or substantially alter any such facility, thing or appurtenance or change the manner of using any such approach road without first obtaining written permission from the Department of Transportation with respect to state highways or the county court or board of county commissioners with respect to county roads.
(2) After written notice of not less than 10 days to the permittee and an opportunity for a hearing, the department with respect to crossings over a state highway and the county court or board of county commissioners with respect to crossings over a county road may abolish any crossing at grade by a private road or may alter or change any private road crossing when the public safety, public convenience and the general welfare require the alteration or change.
(3) As used in ORS 374.305 to 374.330:
(a) “Approach road” includes a private road that crosses a state highway or a county road.
(b) “Private road crossing” means a privately owned road designed for use by trucks which are prohibited by law from using state highways, county roads or other public highways. [Amended by 1955 c.424 §1; 1957 c.323 §1; 1967 c.497 §1]
Section: Previous 374.240 374.245 374.250 374.255 374.260 374.265 374.270 374.305 374.307 374.310 374.312 374.313 374.315 374.320 374.325 NextLast modified: August 7, 2008