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TRN-8.08 - Encroachments in the Public Right-of-Way

ENCROACHMENTS IN THE PUBLIC RIGHT-OF-WAY

Administrative Rule Adopted by City Council

ARC-TRN-8.08


 

I.  Background

 

This rule and document encompass a multi-year effort with significant public outreach and involvement to document Portland Bureau of Transportations policies related to private encroachments into the public right of way. The Portland Bureau of Transportation may allow for a private encroachment into the public right-of-way under certain conditions by approving an encroachment permit. Encroachment permits are revocable and considered temporary. (Encroachments must be removed from the public right-of-way upon notice by the City Engineer.

 

II.  Rule

 

See Encroachment Rules  (PDF Document, 24 MB)

 

III.  General Requirements

 

Revocable encroachment permits are issued to the abutting properly and run with the land. The revocable encroachment permit may also be issued, with the abutting property owner's consent, to a business association, a neighborhood association, a district coalition, a non-profit organization, or a government agency. Reference Chapter 17.44.010.B. Exceptions to the consent requirement will be made when the applicant is able to demonstrate underlying fee ownership of the right-of-way where the encroachment is to be placed. The City Engineer will evaluate the acceptability of encroachments based on adopted policy and regulations, safety, right-of-way usage, management and operations, and legal issues. The City Engineer may deny a permit, revoke a permit, or require removal of an encroachment at any time, unless otherwise specified in Title 14 or Title 29 of City Code, based on their evaluation. Unless otherwise specified in City Code or in the permit, the party responsible for maintenance of the right-of-way as specified in Chapter 17.28.020 shall remove the encroachment from the right-of-way upon notice by the City Engineer, with no liability and at no cost to the City.

 

Encroachments, including landscaping and planter boxes, must not become nuisances. Failure to maintain the landscaping and/or planter box(es) (raised beds or pots), or failure to repair or replace any portion of the landscaping and/or planter box(es) (raised beds or pots), immediately upon notification from City, shall be cause for the City to declare the landscaping and/or planter box(es) (raised beds or pots) a nuisance. The City may summarily abate the nuisance, initiate proceedings through the Code Hearings Officer, file civil suit or take any other action necessary to ensure the permittee, transferee or assignee performs the required repairs to the public right of way.

 


 

IV:  Reference

 

Pursuant to Rulemaking Authority under 3.12.

 

Title 17.24.005 Jurisdiction and Management of Public Right-of-Way

 


HISTORY

 

Ordinance No. 186519, passed by City Council April 2, 2014 and effective May 2, 2014.