Notwithstanding ORS 368.036, a county governing body may legalize a road at any width that is less than the width of the road described in ORS 368.206 if the county governing body determines that:\n(1) The legalization of the road at the lesser width is in the public interest; or\n(2) An encroachment on the road may not be practically removed under ORS 368.211. [1981 c.153 §25]
Oregon Legal Code