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

160 of the Salem Revised Code authorizes the Director to issue a permit for a private encroachment into the public right-of-way, expressly at the property owner's own risk, and lists the conditions the encroachment must satisfy. The applicant must submit proper plans and specifications to the Public Works Department, and the proposed encroachment must comply with applicable codes for structural safety, traffic, sanitation, and fire safety. The Director evaluates the request for any adverse effect on adjoining property, and the encroachment cannot interfere with the public street's use for roadway, sidewalk, existing or proposed utilities, or other authorized uses.

The owner must maintain the encroachment in good order, and the permit is revocable: if the Council or another public authority with jurisdiction requests it, the owner must remove the encroachment at the owner's own expense. The owner must also hold the City and its officers harmless on account of the encroachment. The permit form itself must be approved by the City Attorney, and the applicant pays a fee set by Council resolution. 160 permit before a property owner can occupy that space or cut a sidewalk opening. 990.