ODOT has decided to pause the final action to declare the Tolling Program as a Program to Not Affect Land Use at this time.
- New documents posted. Review the Question Response document.
- A virtual hearing was held on February 28 at 1:00 p.m. on ODOT's recommendation that statewide tolling program not be added to the “Programs Affecting Land Use" as found in the OAR 731, division 015.
- View the presentation about tolling and Oregon's Land Use Program.
- The public comment period has closed. The comment period was open until March 15, 2023.
Background
In 2017, Keep Oregon Moving (HB2017) was signed into law. The new law directed the Oregon Transportation Commission (OTC) to establish a congestion relief program (120.1), to seek federal approval to implement value pricing (120.2) and to implement pricing on specific facilities (120.3). These provisions and others, including amendments made in 2021 by HB3055, reside at Chapter 383 of Oregon Revised Statutes. Since 2017, ODOT has taken steps to establish a tolling program and to prepare to implement tolling on Interstates 5 and 205, as prescribed by statute. In January, 2023, the OTC adopted an amendment to Oregon Highway Plan (OHP) Goal 6 Tolling and Pricing to modernize policy.
Cover Letter to DLCD
Tolling Notice to DLCD
Tolling and the SAC rule
According to OAR 731.015.0135, ODOT must determine whether new or amended rules and programs affect land use and follow a procedure (OAR 660.030.0075) to assure that such comply with the SAC rule requirements.
Using the definition from ORS 660.030.0005, ODOT concludes that its tolling program, created by the Legislature in 2017, is not a program affecting land use and notified the Department of Land Conservation and Development (DLCD) on February 2, 2023.
Once this procedure is complete, the SAC rule will not be applicable to decisions or actions associated with ODOT's implementation of tolling.