Clackamas County, OR Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Code 7.03.090.N
- Statutory basis
- ORS 374.305
- Individual fee
- $793
- Entity fee
- $1,057
- Permit type
- Revocable, condition-attachable
- Issuing official
- DTD Road Official
Summary
The county Road Official can issue a revocable permit letting a structure or object sit in the right-of-way, including a sidewalk, if it will not create a hazard. Fees run $793 for an individual applicant and $1,057 for an entity, and the county can revoke permission at any time.
N. Road Official's Authority to Issue Revocable Permit – Pursuant to ORS 374.305, the Road Official is authorized to make a case-by-case determination to allow structures, objects or other things to exist in public right-of-way, including sidewalks, so long as the things could not create a potential hazard or impediment. If the Road Official makes a determination to authorize such a thing, the Road Official may issue a revocable permit reflecting that revocable permission, and may impose any conditions they determine are necessary to protect the public interest. [Fee schedule: Revocable Encroachment (Individual) Code §1.01.090 ... $793; Revocable Encroachment (Entity) Code §1.01.090 ... $1,057]
Full Breakdown
305, authorizes the Road Official to make a case-by-case determination allowing structures, objects or other things to exist in the public right-of-way, including sidewalks, so long as they could not create a potential hazard or impediment. When the Road Official approves an encroachment, the county issues a revocable permit documenting that permission and can attach any conditions it determines necessary to protect the public interest. The permit is revocable, meaning the county retains authority to withdraw it later if circumstances change or the encroachment becomes a hazard.
090 sets the current charge for this permit at $793 for an individual applicant and $1,057 when the applicant is an entity, listed as "Revocable Encroachment" under DTD Engineering's Right-of-Way Permits. 090 and the fee code.
Violations & Fines
Placing a structure or object in the right-of-way without an approved revocable permit is enforced as a road use impediment violation under 7.03.080.A, carrying civil penalties in the amounts authorized by ORS 203.065(1), following the notice-and-correction process in 7.03.070. The Road Official can also simply revoke an existing permit and require removal if conditions change.
Frequently Asked Questions
How do I get permission to put something in the right-of-way in unincorporated Clackamas County?
What does a revocable encroachment permit cost?
Can the county take back an encroachment permit later?
Sources & Official References
Other rules in Clackamas County
Compare Clackamas County to another location·View the Oregon sidewalk & pedestrian rules overview
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