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

BCC § 99.510, in the Development Code's Roads and Driveways section, is Benton County's road-approach permit requirement for private use of the public right-of-way: before any new road approach is built, connecting a driveway or private road to a public right-of-way, the person building it must obtain a road approach permit. Which agency issues it depends on what the approach connects to. A connection to a State highway goes through the Oregon Highway Division; a connection to any other public road, meaning any county-maintained road, is permitted by Benton County. An approach connecting only to a private road or street is exempt from the permit requirement entirely.

Once a permit issues, the approach itself must be built to specifications set by the County Engineer or the State Highway Division under 99.510(2), tied to how the driveway will be used, the classification of the adjoining public road, and the drainage structure needed at that location; a driveway serving a busy commercial use is held to a different standard than one serving a single rural home. The permit requirement dovetails with the county's road design standards in BCC 99.515, which set surface width, road grade, and drainage specifications by classification. BCC 99.510(3) then backstops the whole system: the county will not issue a final inspection approval or an occupancy permit under the State Building Code for any structure on a parcel served by a road approach that was installed without the required permit or that does not match its approved specifications or conditions.