Updates to TRN-8.08 (Encroachments in the Public Right-of-Way)

TRN-8.08 (Encroachments in the Public Right-of-Way) describes the most common types of privately-owned structures in the public right-of-way (i.e. encroachments), and the necessary conditions that must be met to allow them. This administrative rule went through an extensive update in 2023, and PBOT is now proposing minor updates to clarify three existing encroachment allowances (for landscaping [C16], private non-franchised utilities [C27], and building projections/oriel windows [D1-D3]) and two new allowances (alleys [C28] and basketball hoops [C29]). If helpful – the full encroachment manual is online for reference.

C16 – Landscaping (Current section being updated)

Landscape rocks are proposed for inclusion because, in many cases, they function similarly to other landscaping by enhancing aesthetics while posing minimal risk to public safety or infrastructure. Clear placement standards ensure that rocks do not obstruct visibility, access, or pedestrian movement, thereby eliminating the need for additional permitting or review. This change also aligns with current enforcement practices while providing specific, consistent guidelines for appropriate placement.

C27 – Private (Non-Franchised Utilities) (Current section being updated)

These edits clarify that service connections that meet the requirements of Bureau of Environmental Services administrative rules are allowed without an encroachment permit. Any other private systems are allowed on rare occasions and require an encroachment permit.

C28 – Alleys (New section)

Encroachments in alleys may support City and community goals by creating public space and enhancing the pedestrian environment, particularly in alleys that are not utilized for vehicle access. This addition to the manual details the requirements for encroachments in alleys.  

C29 – Basketball Hoops (New section) 

PBOT has received several inquiries regarding use of basketball hoops in the public right-of-way. PBOT recognizes the importance of recreational opportunities, particularly in neighborhoods that may be underserved by parks or similar facilities. This addition to the encroachment manual is intended to clarify the conditions where basketball hoops are allowed. 

D1-D3 – Encroachments and Building Projections (Current section being updated)

PBOT and Portland Permitting & Development (PP&D) are re-instating standards for oriel window projections into the public right-of-way, which were previously found in a Bureau of Development Services (BDS) code guide that was rescinded in March 2023. As part of the City's effort to re-instate the standards that developers and staff rely upon, staff recommended moving the requirements in the former code guide into an administrative rule. The City took this opportunity to assess how the former regulations were working and identified strategies to: ensure window projections contribute to a comfortable public realm and positive pedestrian experience; avoid continuous cavernous or tunnel-like streetscapes as redevelopment occurs; and prevent buildings from encroaching too far or heavily into the right-of-way. The proposed changes link the maximum depth of the projection to the width of the sidewalk's frontage zone, make the maximum projection width a function of its floor area, increase window coverage of projections, and establish a maximum total width when balconies are provided adjacent to oriel windows. The changes are intended to preserve oriel window area, while giving greater design flexibility. 

Portland City Code Section 3.12.010 establishes the authority of the City Administrator to adopt administrative rules.

Changes to this administrative rule will be effective 30 days after adoption. 

Note that for new proposed sections in the encroachment manual, track changes are not utilized. In sections that currently reside in the encroachment manual, track changes show the proposed updates compared to the latest version of the manual. This includes the Encroachments and Building Projections section where much of the proposed text was sourced from the former BDS code guide. 

Per PCC 1.05 and TRN 16.01 – Administrative Rules and Procedures, PBOT is publishing the proposed administrative rule for 30 days of public comment. PBOT will be accepting public comment for this Tier I update until 5 p.m. on March 20, 2026. Comments on the proposed update may be submitted to pbotpolicycomments@portlandoregon.gov. A summary of comments received and the City's response will be posted below.