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Tigard, OR Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Cleanup deadline
Deposits on streets must be removed immediately
Storm system
No material washed or flushed in; counts as an additional violation
Plan requirement
City engineer can require an erosion control and pollution prevention plan
Staging distance
Six to 12 inches from the curb
Chapter 10.32 penalty
Class B traffic infraction
Permit lapse
Automatic revocation if not begun within 60 days

Summary

In the City of Tigard, Oregon, no one can drag, track or deposit mud, dirt, rock or debris on a public street or into the public storm and surface water system, and any deposit must be removed immediately. For work in the right-of-way, the city engineer can require an erosion control and pollution prevention plan before issuing an encroachment permit.

No person shall drag, drop, track or otherwise place or deposit, or permit to be deposited, mud, dirt, rock or other such debris upon a public street or into any part of the public storm and surface water system. Any such deposit of material shall be immediately removed using hand labor or mechanical means. No material shall be washed or flushed into any part of the storm and surface water system and any such action shall be an additional violation. ... 3. The city engineer may require approval of an erosion control and pollution prevention plan prior to encroachment permit issuance. Construction materials or equipment may not be placed within the right-of-way or public area unless required erosion control and pollution prevention best management practice measures are in place to protect the downgradient storm/surface water collection and conveyance system.

Full Breakdown

Two provisions of the Tigard Municipal Code carry erosion and sediment control in the City of Tigard, Washington County, Oregon. The first is § 10.32.205, titled Physical Erosion, in the traffic chapter of Title 10. It bars any person from dragging, dropping, tracking or otherwise placing or depositing, or permitting the deposit of, mud, dirt, rock or other debris upon a public street or into any part of the public storm and surface water system. The rule reaches deposits a person makes directly and deposits a person permits. Cleanup is the responsibility of the person who caused the deposit: the material must be removed immediately, using hand labor or mechanical means. Washing or flushing material into any part of the storm and surface water system is not a permitted cleanup, and the section says any such action is an additional violation on top of the original deposit.

The second provision is § 15.16.050.D.3 in the encroachment permit chapter. When material or equipment is staged in the public right-of-way, the city engineer can require approval of an erosion control and pollution prevention plan before the encroachment permit issues. Section 15.16.015 defines construction material as any privately owned dirt, rock, mulch, bark, landscaping and irrigation materials, rebar, lumber, siding, roofing, and other building materials. Those materials cannot be placed within the right-of-way or public area unless the required erosion control and pollution prevention best management practice measures are in place to protect the downgradient storm and surface water collection and conveyance system. Under § 15.16.050.D.1 the materials must also sit between six to 12 inches from the curb and stay out of any vehicle or bicycle travel lane.

The permit itself adds pressure to comply. Under § 15.16.070.B an encroachment permit is automatically revoked if the permittee fails to comply with its conditions or fails to begin installation within 60 days after issuance, unless an extension is requested before the 60 days end. An applicant or affected property owner can appeal the city engineer's decision to the city hearings officer, but the appeal must be filed within 15 days of the decision (§ 15.16.040).

Violations & Fines

A violation of § 10.32.205 is a violation of Chapter 10.32, and § 10.32.250 makes violations of that chapter a class B traffic infraction. Washing material into the storm system is charged as an additional violation. Under § 15.16.100, failing to obtain an encroachment permit or to follow its terms is a civil infraction and a public nuisance subject to Chapter 1.16 and abatement under Title 6. The city can revoke a permit at any time revocation is in the public interest (§ 15.16.070.A).

Frequently Asked Questions

What must I do if my site tracks mud onto a Tigard street?
Section 10.32.205 requires the deposit to be removed immediately, using hand labor or mechanical means. You cannot hose it into a catch basin or any part of the storm and surface water system, because the code treats that as an additional violation separate from the original deposit on the street.
Does Tigard require an erosion control plan for work in the right-of-way?
The city engineer can require approval of an erosion control and pollution prevention plan before issuing an encroachment permit. Under § 15.16.050.D.3, construction materials or equipment cannot be placed in the right-of-way unless the required best management practice measures are in place to protect the downgradient storm and surface water system.
What counts as construction material under the encroachment rules?
Section 15.16.015 defines construction material as any privately owned dirt, rock, mulch, bark, landscaping and irrigation materials, rebar, lumber, siding, roofing, and other building materials. Those items are encroachments when placed in the right-of-way or on public property, so the permit and erosion control conditions apply to them.
Can I appeal the city engineer's decision on an encroachment permit?
Yes. An applicant or affected property owner or occupant can appeal to the city hearings officer under § 15.16.040. The appeal must be filed with the city engineer within 15 days of the decision, include its basis, and be accompanied by the fee set by city council resolution.

Sources & Official References

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