Public Works Permit Panel and Board Appeals

Table of Contents

 Overview
 Prepare Your Appeal
 How to File Your Appeal
 Appeal Process
 View Appeal Results
 Applications and Handouts

Overview

• Public Works Permit Appeals apply to the City requirements for improvements made to the public right of way as part of a Public Works Permit.  
• Public Works Permit requirements may only be appealed if the requirements are inconsistent with, contrary to, or a misapplication of City Code, rules, standards, or policy.
• Anyone whose application for a Public Works Permit is denied or anyone required by a Public Works Permit to incur an expense for any alteration, repair, or construction of a facility in the public right of way may appeal the terms of the Public Works Permit.
• The following actions are NOT subject to appeal: approval or denial of requests for design exceptions; previously established City standards and specifications; system development charge assessments; and matters subject to the authority of any other City appeal body, including land use appeals.
• If your project meets the intent, but not the letter of the code, you must have an alternative method of meeting the intent of the code approved by the appeals process. The appeal must demonstrate that the proposed alternative is equal to or better than what the code requires.
• Public Works code appeals are not land use review appeals or building code appeals.

Prepare Your Appeal

A complete Public Works Permit Appeal Packet consists of:

1. Public Works Permit appeal application(s)
2. Plans
3. Appeal fee ($250)

The following three sections provide the primary information from which the Appeals Board will make a decision. It is critical that information provided in these sections be clear, concise, accurate and completely written. Each appeal submittal must stand on its own merit and will be reviewed based on the specific conditions related to the project under consideration.

1. Code provisions: This section asks first for the code section being appealed and then for the requirements of that code section. It is important to accurately specify the code section being appealed.
2. Proposed design: This section asks you to describe the actual alternate method and/or materials of construction that are proposed for use. It is important that the actual conditions you are asking to have approved be described. This is not the section where equivalency or rationale for use of the proposed design should occur.
3. Reason for alternate: This is the section where you should describe how or why the proposed design provides an equivalent level of accordance with what the code requires and the rationale for use of the proposed alternate.

Additional Materials

Plans: One set of plans that addresses your appeal (in addition to any plans submitted for permit processing) must accompany appeal applications. Plans should provide sufficient information to detail the areas that are being appealed as well as any areas that may be affected by or that may affect the appeal.

Supplemental information: Supplemental information, such as photographs, engineering analysis, test data, etc, that will help to clarify the appeal and make it easier for the board to understand the conditions being appealed or which supports the argument for equivalent safety are welcome accompaniments to the appeal submittal.

FEES

• Public Works Permit appeal fees:
  • $250
  • Payment may be by cash, check, trust account 

How to File Your Appeal

You may submit your Public Works Permit appeal application by mail or in person.

Mail/Hand Delivered Submittal 

Mail or deliver appeal packets to:

APPEALS

Public Works Permitting

1900 SW 4^th Avenue, Suite 4000 (4th floor)

Portland, Oregon 97201

For questions regarding the appeal packet submittal, please call (503) 823-1987.

Appeals will be screened for completeness. Submittal of inaccurate or incomplete forms may cause a delay in hearing the appeal.

Appeal Process

The following describes the Appeal Process.

1. Administrative Review

• Appellant must submit the completed appeals packet no later than 15 business days after the contested Public Works decision is made.
• The Public Works Permitting Engineer reviews and validates the application within four business days of receipt.
• The Public Works Administrative Appeals Panel (PWAAP) meets and reviews the appeal within 10 business days of its validation by the Public Works Permitting Engineer.  The PWAAP consists of representatives from the Bureaus of Transportation, Environmental Services, and Water.  Additionally, there are two panel members appointed by the Mayor: a representative from the Development Review Advisory Committee (DRAC) and a citizen with a background in neighborhood land use and development activities.
• Decisions are reached by consensus, recorded, and provided in writing to the appellant within 10 business days of the PWAAP review.

2. Board(s) of Appeal

• Appellants not satisfied with the administrative action may request a hearing by the Public Works Board of Appeals (PWBA) empowered to hear the appeals for the specific code under consideration.
• The Board of Appeals consists of Chief Engineers from the Bureaus of Environmental Services and Water, the City Engineer, or their designees.
• The appellant must submit the application to appeal before the PWBA within 15 business days of the decision reached by the PWAAP.
• The Public Works Permitting Engineer reviews and validates the application within four business days of receipt.
• Hearings before the PWBA are set up on an as needed basis and are scheduled no more than 20 business days after the appeal application is accepted.  The appellant will receive no fewer than 10 business days notification before the hearing is to take place.  The appellant must be present at this hearing to discuss the appeal with the board. 
• Community members are welcome to attend the Appeal Board Hearing; however, testimony is limited to the appellant and City staff only.

   

   

   

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  View Appeal Results

   

  Decisions are usually available the following day by calling the Public Works Permitting Manager at (503) 823-1987.

   

  Public Works Appeals Matrix (Filed Applications and Results)