City Code Chapter 17.06 governs the administration of the Public Works Appeals Board. TRN 9.07, section 12, describes the appeals process.
What is a public works appeal?
A Public Works Appeal is an appeal of a non-technical decision related to the requirements of the Public Works Bureaus (Water, Transportation, and Environmental Services). Public Works improvements may be required as a condition of an application for a public works permit, a building permit, or a land use review.
To propose an alternative Public Works improvement for your project, the first step is the Public Works Alternative Review Process. Public Works Alternative requests are reviewed by a committee of public works staff. The final decision is made by public works managers.
If you believe a Public Works Alternative decision is inconsistent with or contrary to City Code, rules, standards, policy, or is a misapplication or misinterpretation thereof, you may appeal that decision. Appeal requests are considered by the Board of Appeals. The Board consists of three members: Chief Engineers from the Bureaus of Environmental Services and Water and the City Engineer, or their designees.
Examples of requirements that can be appealed are: the requirement for or size of property dedication, the requirement for the construction of improvements, the requirement for the width or location of a sidewalk, or the requirement to relocate water and sewer mains.
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
- Local Transportation Infrastructure Charge requirements
- Matters subject to the authority of any other City appeal body or which may be appealed through City or state land use processes, including land use appeals and building code appeals.
How to file an appeal
An appeal request must be submitted in writing to Public Works Permitting (PublicWorksPermitting@portlando…) within one year of the date of the Public Works Alternative decision. A complete Public Works Permit Appeal request consists of:
- A completed Public Works Appeal Request Form. When you fill out the form, make sure to describe:
- The details of the decision being appealed
- The grounds for the appeal, including the specific City Code, rule, standard or policy that you believe the decision conflicts with.
- An attachment of previously submitted maps, drawings, plans, reports or other materials related to the appeal. No new information pertaining to the decision may be submitted. If you have new information for the City to consider, please submit a new Public Works Alternative Review request.
To request assistance with your request, consult with the PP&D Infrastructure staff assigned to your project, email PublicWorksPermitting@portlando…, or call (503) 823-1987.
Once complete, email your complete Public Works Permit appeal packet to PublicWorksPermitting@portlando…. Include “Public Works Appeal”, the site address, and the case number in the subject line.
After your request is submitted you will receive instructions to pay the $295 fee. Payment can be made electronically through the DevHub online payment portal.
Public Works Permitting staff will review the request submittal for completeness and ask for more information if needed. Submittal of inaccurate or incomplete forms, or non-payment of the appeal fee, may cause a delay in hearing the appeal.
Board of appeals process
When the request submittal is complete, a Board of Appeals hearing will be scheduled within 30 calendar days.
The appellant must be present at the hearing to discuss the appeal with the board. City staff may be invited to provide relevant information. Hearings are open to the public.
The Board will make a decision by majority vote and provide written notice to the applicant and on the City website within 30 days.
Past appeal results can be found below: