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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Clackamas County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
You apply to the Road Official under Code 7.03.090.N, adopted under ORS 374.305. The Road Official decides case by case whether the structure or object could create a hazard, and if approved issues a revocable permit that can carry conditions.
What does a revocable encroachment permit cost?
The county's adopted fee schedule sets the Revocable Encroachment fee at $793 for an individual applicant and $1,057 for an entity, under Code 1.01.090's DTD Engineering Right-of-Way Permits table.
Can the county take back an encroachment permit later?
Yes. The permit is revocable by design under 7.03.090.N, so the Road Official can withdraw permission and require removal of the structure or object if it later becomes a hazard or conditions otherwise change.

Sources & Official References

Other rules in Clackamas County

All Clackamas County rules

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