ORS Chapter 368
Chapter 368 — CountyRoads
2009 EDITION
COUNTYROADS
HIGHWAYS,ROADS, BRIDGES AND FERRIES
GENERALPROVISIONS
368.001 Definitions
368.011 Countyauthority to supersede statutes; limitations
368.016 Countyauthority over roads; limitations
368.021 Countyauthority over trails
368.026 Withdrawalof county road status; report; notice; hearing
368.031 Countyjurisdiction over local access roads
368.036 Standardsfor county roads and road work
368.039 Roadstandards adopted by local government supersede standards in fire codes;consultation with fire agencies
368.041 Widthsof county roads; maintenance of designated roads as county roads
368.046 Countyroad official; duties
368.051 Accountingfor county road work
368.056 Permitfor gate construction on public road
368.062 Transferringroad within city to county jurisdiction
ACQUISITIONOF PROPERTY FOR ROADS
368.073 Initiationof proceedings to acquire property for road purposes
368.081 Requirementsfor petition to initiate road proceedings
368.086 Roadproceedings; hearing; notice
368.091 Owners’rights to terminate road proceedings
368.096 Alternativemethods to acquire property for roads
368.101 Authorityto change road proceedings; limitation
368.106 Recordsand survey of property acquired for road
368.111 Assessmentof costs and damages from road proceedings
368.116 Acquisitionof railroad right of way
368.121 Financialassistance to persons displaced by county road acquisition; rules
368.126 Orderestablishing new road along existing road to identify parts of existing road tobe vacated
368.131 Rightof way over United States public lands
ROADVIEWERS
368.161 Useof road viewers to establish road
368.166 Roadviewer report; hearing; notice
368.171 Order,costs and damages under proceeding with road viewers
LEGALIZATIONOF ROADS
368.201 Basisfor legalization of road
368.206 Proceedingsfor legalization of roads; report; notice
368.211 Compensationfor property affected by road legalization
368.216 Orderunder road legalization proceeding
368.221 Legalization;county determination of lesser width
ROADHAZARDS
368.251 Obstructionof road drains prohibited
368.256 Creationof road hazard prohibited
368.261 Orderto abate road hazard
368.266 Hearingon abatement of road hazard; notice
368.271 Abatementof road hazard by county
368.276 Hearing,notice and costs when county abates road hazard
368.281 Countyrecovery of costs for road hazard abatement; lien
VACATIONOF COUNTY PROPERTY
368.326 Purposeof vacation proceedings; limitation
368.331 Limitationon use of vacation proceedings to eliminate access
368.336 Abuttingowners in vacation proceedings
368.341 Initiationof vacation proceedings; requirements for resolution or petition
368.346 Report,notice and hearing for vacation proceedings
368.351 Vacationwithout hearing
368.356 Orderand costs in vacation proceedings
368.361 Intergovernmentalvacation proceedings
368.366 Ownershipof vacated property
NOTICE
368.401 Generalnotice provisions
368.406 Noticeby service
368.411 Noticeby posting
368.416 Noticeby publication
368.421 Recordof notice
368.426 Contentsof notice
COUNTYROAD FUNDS
368.705 Countyroad fund; use of fund
368.710 Apportionmentof certain local option taxes; compression
368.715 Usingcounty funds for noncounty roads during emergency
368.720 Usingroad funds outside of county
368.722 Expenditureof general road fund on city streets and bridges
MISCELLANEOUSPROVISIONS
368.910 Ownerto repair sidewalks and curbs along road; county may repair if owner fails
368.915 Paymentand reimbursement when county makes repairs
368.920 Expenseof repairs as lien on abutting property
368.925 Delinquencyin paying assessment for repairs; execution sale
368.942 Postingnotices, signs or pictures on structures within county road right of wayprohibited
368.945 Authorityof county road official to remove unlawfully posted matter
368.950 Applicabilityof ORS 368.942 and 368.945
368.955 Postingnotices, signs or pictures within view of county road on property of anotherwithout consent prohibited
368.960 Authorityof property owner to remove unlawfully posted matter
PENALTIES
368.990 Penalties
GENERALPROVISIONS
368.001Definitions.As used in this chapter:
(1)“County road” means a public road under the jurisdiction of a county that hasbeen designated as a county road under ORS 368.016.
(2)“County road official” means the roadmaster, engineer, road supervisor, publicworks director or other administrative officer designated by the countygoverning body as being responsible for administration of the road activitiesof the county.
(3)“Local access road” means a public road that is not a county road, statehighway or federal road.
(4)“Owner” means a vendee under a recorded land sale contract or, if there is norecorded land sale contract, the holder of the record title of land if thevendee or holder has a present interest equal to or greater than a life estate.
(5)“Public road” means a road over which the public has a right of use that is amatter of public record.
(6)“Road” means the entire right of way of any public or private way that providesingress to or egress from property by means of vehicles or other means or thatprovides travel between places by means of vehicles. “Road” includes, but isnot limited to:
(a)Ways described as streets, highways, throughways or alleys;
(b)Road related structures that are in the right of way such as tunnels, culvertsor similar structures; and
(c)Structures that provide for continuity of the right of way such as bridges. [1981c.153 §2]
368.005 [Amended by1971 c.135 §1; repealed by 1981 c.153 §79]
368.010 [Amended by1963 c.501 §1; repealed by 1981 c.153 §79]
368.011County authority to supersede statutes; limitations. (1) Except asotherwise provided in this section, a county may supersede any provision inthis chapter by enacting an ordinance pursuant to the charter of the county orunder powers granted the county in ORS 203.030 to 203.075.
(2)A county may not enact an ordinance to supersede a provision of this section orORS 368.001, 368.016, 368.021, 368.026, 368.031, 368.051, 368.705, 368.710,368.720 or 368.722. [1981 c.153 §3; 2007 c.679 §3]
368.016County authority over roads; limitations. (1) Except as provided in thissection or as otherwise specifically provided by law, the exercise ofgovernmental powers relating to a road within a county is a matter of countyconcern.
(2)A county governing body:
(a)Does not have jurisdiction over any public road that is a state highway.
(b)Shall only take action involving a local access road within a city if the citygoverning body consents to the action.
(c)May by resolution or order make any public road within its jurisdiction acounty road.
(3)Any road that has a classification as a county road on November 1, 1981, shallretain that classification unless the classification is changed under ORS368.026 or as otherwise provided by law.
(4)A county governing body may seek assistance from the Department ofTransportation as provided under ORS 366.155. [1981 c.153 §4; 1993 c.741 §44]
368.021County authority over trails. (1) A county governing body has thesame jurisdiction over trails as it has over local access roads.
(2)This section applies to trails that:
(a)Are easements over land or by watercourse that are not part of a road right ofway;
(b)Provide certain forms of ingress to or egress from land or water or permittravel between places;
(c)Do not provide vehicle access of the type provided by a road; and
(d)Are not under the jurisdiction of a state or federal agency. [1981 c.153 §5]
368.026Withdrawal of county road status; report; notice; hear