On June 14, 2011, Governor Kitzhaber signed into law Senate Bill 264, which makes changes to access management on state highways that are favorable to those seeking access. The provisions of the bill take effect on January 1, 2012. Among other things, the changes require the Oregon Department of Transportation (“ODOT”) to take the economic development needs of the subject property into account when determining what is or is not sufficient access to that property. The new changes also require ODOT to grant or deny an approach permit, including all internal appeals, within 120 days once the application is deemed complete. Within that 120 days, milestones are set, including a directive that ODOT approve or deny an approach permit application within 30 days of being deemed complete if certain sight distances and other standards are met, and within 60 days of that date for all other approach permit applications.
