Lane County, OR Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit needed for
- any facility or driveway in road right-of-way
- Legal basis
- ORS 374.305 through 374.340
- Issuing office
- Lane County Public Works Director
- Permit term
- 1 year, extendable to 3 years
- Fee
- set by Board order, LC 15.500.040C
- Violation penalty
- up to $2,000/day, $2,500/day if commercial
Summary
Anyone placing a driveway, culvert, utility line, fence, or landscaping within a Lane County road right-of-way must first get a facility permit from the Public Works Director. Lane Code § LC 15.500.020 covers road improvements, stormwater facilities, land disturbance, and any activity near the right-of-way that could drop debris onto it, and ties approval to ORS 374.305 through 374.340.
All persons performing work or placing temporary or permanent facilities within a County Road right-of-way must apply for and receive a facility permit prior to commencement of any activity described in this section. A. Activities Requiring a Facility Permit. Placement of facilities, development within the right-of-way of a County Road, alteration of such facilities and development, and other activities that may create hazards within the right-of-way will be authorized only through facility permits issued by the Director in accordance with ORS 374.305 through ORS 374.340.
Full Breakdown
020(A) requires a facility permit for placement of facilities and development within a County Road right-of-way, covering road improvements, sidewalks, new or reconstructed driveway and road approaches, utility placements, excavation, clearing, grading, fill, culvert work, and stormwater facilities. It also reaches activity near the right-of-way that creates a hazard, such as felling a tree whose height exceeds its horizontal distance from the right-of-way, or blasting and excavation uphill from the road that could send debris into it. Subsection C requires a facility permit for any new driveway access onto a County Road, including a new dwelling or a new structure on a vacant parcel, though Subsection D exempts temporary medical hardship homes, replacement dwellings, and certain non-residential structures that do not add a new driveway connection. 5). 040D). 040C). 040I). 040H).
Violations & Fines
Working in the right-of-way without a permit, or violating permit terms, triggers the Failure to Comply process in LC 15.500.040K: the Director can order removal of unauthorized facilities, vehicles, or installations at the responsible party's cost, or recover restoration costs and impose administrative penalties under LC 5.025.005 through .040. Under LC 5.025.025, an Order to Comply allows penalties up to $2,000 per violation per day, rising to $2,500 per day for violations involving commercial gain.
Frequently Asked Questions
Do I need a permit to install a culvert or driveway on my rural Lane County property?
How long is a Lane County facility permit valid?
What happens if I build in the right-of-way without a permit?
Sources & Official References
Other rules in Lane County
Compare Lane County to another location·View the Oregon sidewalk & pedestrian rules overview
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