Tigard, OR Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Tigard Municipal Code § 15.16.010
- Issuing official
- City engineer
- Application fee
- Set by resolution of the city council
- Exempt items
- Mailboxes, temporary and A-frame signs, franchised facilities
- Appeal
- To the city hearings officer within 15 days of the decision
- Automatic revocation
- No installation within 60 days after issuance
- Removal after revocation
- Within 30 days after written notice
Summary
In the City of Tigard, Oregon, it is unlawful to place any encroachment in, over or on a right-of-way or public property without first getting an encroachment permit from the city engineer. Applicants file a scale drawing and pay a fee set by City Council resolution, and denials can be appealed within 15 days.
A. Encroachment Permits Required. It is unlawful for any person to erect, or cause to be erected, any encroachment in, over, or upon any right-of-way or public property without having first obtained an encroachment permit from the city engineer authorizing such action. B. Application and Fee Required. 1. Any person proposing to locate or maintain an encroachment within any right-of-way or public property must submit an application to the city engineer. The application will include a description of the proposed encroachment, a scale drawing illustrating the nature and extent of the proposed encroachment, and its relationship to adjoining properties. If the applicant is not the owner of the property benefitted by the encroachment, the owner of that property must also sign the application as a co-applicant. The city engineer may require a survey to determine the exact location of the proposed encroachment. 2. The applicant must pay a fee in the amount established by resolution of the city council.
Full Breakdown
Tigard Municipal Code § 15.16.010 requires an encroachment permit from the city engineer before anyone erects, or causes to be erected, an encroachment in, over or upon a right-of-way or public property. Under § 15.16.015, an encroachment is a privately owned structure, furnishing, hardscape, container, construction materials, equipment or underground system located in the right-of-way or on public property. The application goes to the city engineer with a description, a scale drawing showing the nature and extent of the encroachment and its relationship to adjoining properties, and a co-applicant signature from the owner of the benefitted property when the applicant is not that owner. The city engineer can require a survey. The fee is set by resolution of the city council.
Section 15.16.020 exempts mailboxes, temporary or A-frame signs allowed by the Sign Code, transportation improvements required by Chapter 18.910 and authorized by a Chapter 15.04 right-of-way permit, and encroachments authorized by a Chapter 15.06 license or franchise. Encroachments that existed before November 1, 2018 can stay without a permit unless they are a public safety hazard, are modified in any way, or sit on or near a benefitting property that is the subject of a land use application or building permit.
The city engineer approves, modifies and approves, or denies under the § 15.16.050 standards. Those include no blocking of pedestrian access routes, curb ramps, crosswalks, bike lanes or catch basins, and travel lanes at least 16.0 feet wide in residential areas or 20.0 feet in commercial or industrial areas, whichever is greatest against the Chapter 18.910 lane width. Containers and construction materials must sit between six to 12 inches from the curb. Conditions can include liability insurance, a time limit, a use charge, and removal at any time. Permits are revocable when in the public interest, and are automatically revoked if installation does not begin within 60 days after issuance. After revocation, removal is due within 30 days of written notice, and unpaid restoration costs can become a lien.
Violations & Fines
Under § 15.16.100, failing to obtain the permit, or failing to follow the permit terms or Chapter 15.16, is a civil infraction and a public nuisance subject to Chapter 1.16 and abatement under Title 6. Class 1 civil infractions carry a penalty or administrative fee of up to $250 per day under § 1.16.640. If the permittee does not remove the encroachment after revocation, the City can do the work and impose the cost as a lien on the property (§ 15.16.080). The permittee and benefitted owner carry liability for damages and indemnify the City (§ 15.16.090).
Frequently Asked Questions
Who issues an encroachment permit in the City of Tigard?
Can I appeal a denial?
Do mailboxes and A-frame signs need a permit?
What happens if the permit is revoked?
Sources & Official References
Other rules in Tigard
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Encroachment Permits in Nearby Cities
How other cities in Washington County handle encroachment permits.