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
Lane Code § LC 15.500.020(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.
Applications go through the Land Management Division and must show a site plan matching the final plan on file (LC 15.500.040A, .040D.5). The Director may require public liability and property damage insurance or a bond indemnifying Lane County before issuing the permit, and logging operations along County roads may need a performance bond (LC 15.500.040D). Fees are set by separate order of the Board (LC 15.500.040C). Construction and improvements required by the permit must be completed within one year of issuance, though the Director can grant extensions in up to one-year increments to a maximum of three years if the extension request and fee are filed before expiration and a performance agreement is executed (LC 15.500.040I).
Facilities must be maintained by the permit holder at their own expense and kept free of vegetation that creates a hazard, or marked with a high-visibility marker at least one foot above surrounding growth (LC 15.500.040H).
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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