Table of Contents
- 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.
(back to top)
Prepare Your Appeal
A complete Public Works Permit Appeal Packet consists of:
- Public Works Permit appeal application(s)
- 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.
- 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.
- 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.
- 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.
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.
- Public Works Permit appeal fees is $250
- Payment may be by cash, check, trust account
(back to top)
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:
Public Works Permitting
1900 SW 4th 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.
(back to top)
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
(back to top)