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Oregon, OH Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Oregon Codified Ordinances § 909.28
Regulator
Director of Public Service
Tool available
may limit use to specified hours
Related permit
construction permit, §909.08
Permit fee starts at
$25 (up to 100 sq. ft.)
Penalty
fine up to $100 (§909.99)

Summary

The Director of Public Service in the City of Oregon, Ohio has authority to regulate any private opening into a sub-space beneath a sidewalk, alley or public way, including limiting the hours such an opening may be used, in order to protect public safety.

909.28 USE OF OPENINGS TO SUB-SPACES IN SIDEWALKS, ALLEYS AND STREETS. The Director of Public Service shall have authority to regulate the use of openings to sub-spaces in sidewalks, alleys and public ways to promote and preserve public safety and if necessary for such purposes, limit the use of such openings to specified hours. ... 909.08 CONSTRUCTION PERMITS. ... No walk, curb or driveway shall be constructed, reconstructed or cut open on any public right of way within the City until a permit has been obtained from the Director of Public Service by the owner or the duly authorized agent of the owner of the property contiguous thereto.

Full Breakdown

28 USE OF OPENINGS TO SUB-SPACES IN SIDEWALKS, ALLEYS AND STREETS gives the Director of Public Service authority to regulate the use of openings to sub-spaces in sidewalks, alleys and public ways, expressly to promote and preserve public safety, and lets the Director limit the use of such openings to specified hours where necessary. 08, filed on forms showing the work's location, dimensions and materials, before any digging, cutting or building begins. 09 sets the permit fee schedule by square footage, starting at $25 for work up to 100 square feet.

28 to restrict when that opening may be used. 23 separately lets the Director adopt rules fixing the thickness, materials and specifications for any work in the right of way, subject to Council approval and public inspection.

Violations & Fines

A violation of Chapter 909, including using a sub-space opening outside hours set by the Director or without the required construction permit, is punishable under Section 909.99 by a fine of not more than $100 per offense, and the Director may also suspend or revoke a permit or license for noncompliance under Section 909.07.

Frequently Asked Questions

Who regulates openings under a sidewalk in Oregon, Ohio?
Section 909.28 gives the Director of Public Service authority to regulate the use of openings to sub-spaces in sidewalks, alleys and public ways to promote and preserve public safety, including the power to limit their use to specified hours.
Do I need a permit to build an opening into a sidewalk sub-space?
Any cutting, construction or reconstruction affecting a public right of way, including sidewalk openings, requires a construction permit from the Director of Public Service under Section 909.08 before work begins, with fees starting at $25 under Section 909.09.
Can the City restrict when I use a sidewalk vault or opening?
Yes. Section 909.28 lets the Director of Public Service limit the use of an opening into a sub-space beneath a sidewalk, alley or street to specified hours whenever necessary for public safety.

Sources & Official References

Other rules in Oregon

All Oregon rules

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