Washington County, OR Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- County Code § 15.08.130.020
- Permit required for
- Any access within county right-of-way
- Exemption
- Access built with approved subdivision permit
- Penalty
- $5,000 per non-conformity
- Appeal window
- 14 days, in writing, to director
Summary
Constructing or locating any access within a Washington County road right-of-way requires a right-of-way permit under Road Design and Construction Standards Section 15.08.130.020, with violations carrying a flat $5,000 penalty per non-conformity under Section 15.08.240.030.
15.08.130.020 - Accesses. A right-of-way permit is required to establish the location or to construct an access within the road right-of-way. A separate right-of-way permit is not required when the access is constructed in conjunction with the roadway improvements of an approved and permitted subdivision or development, and the facilities permit includes the subject access. ... 15.08.240.030 - Penalty. In addition to any other remedy provided in this ordinance or by law, the penalty for violation of this ordinance shall be five thousand dollars. Each non-conformity shall be a separate offense.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Community Development Code: Supplement 2 | Code of Ordinances: Supplement 25).
Full Breakdown
020). The one carve-out: a separate right-of-way permit isn't needed when the access is built as part of an already-approved and permitted subdivision or development, where the facilities permit already covers that access. 1. 010. 020 lets the county refuse to grant further access permits or approve road encroachments on that project, in addition to refusing to accept the road as a public or county road. 4, stating the facts, the standards at issue, and the relief sought; the director's written decision is final.
Violations & Fines
Section 15.08.240.010 makes it a violation to construct a road or access that doesn't conform to these standards without a county engineer-approved exception, or to submit non-conforming as-built drawings without first disclosing the non-conformities in writing. Section 15.08.240.030 sets the penalty at a flat $5,000 per non-conformity, with each non-conformity a separate offense, prosecuted under the County Uniform Citation Procedures at Code Chapter 1.08; the engineer, applicant and property owner are jointly and severally liable per Section 15.08.240.020.
Frequently Asked Questions
Do I need a separate permit to add a driveway access onto a county road?
What happens if my as-built work doesn't match the approved plan?
How much is the penalty for an unpermitted encroachment?
Sources & Official References
Other rules in Washington County
Compare Washington County to another location·View the Oregon sidewalk & pedestrian rules overview
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