Albany, OR Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

AMC § 14.08.010 bars any person from occupying or making use of a public right-of-way in a way that would limit the unobstructed use of it by the general public without first obtaining an encroachment permit. The application is made on the form provided by the City of Albany Public Works Department (AMC § 14.08.020). It has to name the person or organization requesting the permit and describe the intended use and dates of use, with a drawing or site plan showing size, materials and location if required. If required, it also carries a traffic control plan for impacts to vehicle movements or an accessible route plan for impacts to pedestrian movements.

AMC § 14.08.030 sets the term: the permit is valid for the period specified on it or 60 days. The public works director can renew it at the director's discretion. A permit can be revoked, or renewal denied, for violation of conditions placed on the permit or for any fraud or misrepresentation in the application. Related code sections reinforce the requirement. AMC § 7.68.010 forbids placing or erecting a structure or part of a structure on or over a public street or sidewalk without an encroachment permit, special event permit or road closure permit.

A separate track covers longer-term occupation of public property. Under AMC Chapter 14.04 the City Council can issue a license to occupy public property, including rights-of-way, but only after finding the occupation is not an unreasonable obstruction for public use at the time of grant. The property owner takes on all liability arising from the use. A license is revocable without cause after 90 days' written notice, or for failure to comply with its terms after 10 days' notice (AMC § 14.04.010). Limits are printed in the code: no encroachment onto an existing public sidewalk can exceed five inches, where no sidewalk exists the encroachment cannot extend over the established curb line, and no encroachment into a public alley can exceed four feet (AMC § 14.04.020). The license is issued to the abutting owner and runs with the land (AMC § 14.04.030). Excavation in a street is governed separately by AMC Chapter 14.12 and needs a City Engineer permit and security.