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The Right-of-Way Compliance Program at the Portland Bureau of Transportation (PBOT) plays a critical role in providing safe mobility options to Portlanders.
About the Compliance Program
With increasing community uses and construction work occurring in the public right-of-way (ROW), there has been a rise in businesses, contractors or individuals disregarding permit conditions or proceeding with work without a valid permit. This can result in unsafe conditions or failure to accommodate the traveling public. In addition to enhanced coordination efforts such as Get Portland Moving, PBOT aims to resolve violations and gain voluntary compliance through educating the public about Portland City Code.
Objectives:
- Promote compliance and enhance public safety through enforcement actions for violations related to temporary traffic control, community street use, encroachments, and street openings.
- Respond to reports of debris or other obstructions in the right of ways
- Promote ongoing and future permit condition compliance.
- Assist regulatory groups to ensure any work or other activities along streets and sidewalks are safe, legal and compliant with all permitted conditions
- Work closely with the public and other stakeholders to improve mobility and keep people and commerce moving.
What does the Right-of-Way Compliance group investigate within the maintained road right-of-way?
Work Zone Items:
- Fencing
- Traffic control equipment
Temporary Items:
- Extension cords
- Basketball hoops
- Planter boxes
- Abandoned or damaged publication boxes
Permanent Structures:
- Sheds
- Trash can enclosures
Right-of-Way Compliance does not investigate:
| Issue/Violation | Appropriate Agency to Contact |
|---|---|
| Occupied campsites or camping related material | Impact Reduction Team |
Mulch/gravel piles located on private property, planting strips or parking lanes. Any items or debris on private property. | Code Enforcement - Property Compliance Services and Inspections | Portland.gov |
| Vehicles: illegally parked, abandoned or occupied | Parking Enforcement and Operations |
| Trash, furniture or miscellaneous garbage dumped on ROW | Metro Regional Illegal Dumping (RID Patrol) |
| Broken, damaged or fallen signage | PBOT Maintenance Operations |
| Trees or vegetation obscuring traffic signals or signs | PBOT Traffic Systems and Operations (823-SAFE) |
| Vegetation blocking alleyways, sidewalks or other right of way from private property | Code Enforcement - Property Compliance Services and Inspections | Portland.gov |
| Seating, tables or structures for outdoor dining | Guide to Outdoor Dining Permits (Healthy Businesses, Street Seats, Sidewalk Café) | Portland.gov |
To report right of way obstructions, visit: Report an Obstruction on a Street, Sidewalk or Other Right-of-Way | Portland.gov
How are compliance actions determined?
Compliance actions are typically complaint driven. Reports are taken from members of the public as well as internal work groups. Safety issues and impacts to travel are prioritized. Violations are determined based on whether or not a valid permit has been obtained as well as the degree of deviation from requirements, level of threat to public safety and amount of delay to travel or commerce.
What compliance actions are taken?
PBOT inspectors and engineers are responsible for enforcement action documentation and notification. Enforcement action may be based on formal complaints, discovery while in the field or reports submitted by the public. While the compliance group tries to investigate issues in a timely manner, due to staffing constraints, some investigations might take longer.
I received a notice of violation. What do I do?
The compliance group makes every effort to resolve violations with voluntary compliance. If you receive a notice or a warning, please contact the inspector on the form or email pbotcompliance@portlandoregon.gov as soon as possible to work towards a solution.
Any civil penalites assessed as part of this program shall be imposed in accordance with the Annual Fee Schedule. Administrative Rules 2.08, 8.08, 8.12, 10.03, 10.06, and 10.19 shall be in accordance with TRN 8.14 - Right of Way Compliance Program.
Enforcement Penalty Schedule
The fee schedule reflects current penalty amounts that are subject to assessment.
Appeal Process
Request a Right-of-Way Use Administrative Review | Portland.gov
Frequently Asked Questions
How do I know if something on or near my property requires a permit?
Most items placed on or near the right of way are known as encroachments. Some may require permits and others may not. You can find more information at TRN-8.08 - Encroachments in the Public Right-of-Way | Portland.gov or Right-of-way improvement requirements for land use reviews or building permits | Portland.gov.
I need to rent a pod, personal storage container or dumpster. Is this legal?
It is legal. However, a Temporary Street Use permit is required. More information can be found here: Temporary Street Use Permitting (TSUP) | Portland.gov.
What about chip drops or gravel?
Chip drops and gravel should only be placed on private property. Complaints are handled by Property Compliance Services and Inspections.
I have an alley that runs next to my house. Is it part of my property? Who maintains it?
Alleys are generally always public right of way. Property owners are responsible for maintaining the area adjacent to their property. While you are welcome to use it, it is important to keep it obstruction free and accessible for all users. More information can be found here: Are You Near an Unimproved ROW? | Portland.gov.
Can I charge my Electric Vehicle (EV) on the street?
Yes, but with certain conditions. Charging in the street may only take place at properties without off-street parking such as driveways or garages. At this time, personal electric charging stations are not allowed on the street, sidewalk or planting strips. However, you may charge your vehicle in the street so long as all parking regulations are followed including:
- All charging cords and equipment must be removed from right of way areas when not actively charging. Only Level 1 (110-120 volt) charging is allowed.
- Electric cords are allowed across sidewalks only when used with an ADA compliant cord cover
- Use of signage or any means of reserving parking for electric charging is prohibited
- Use of charging for any commercial purposes, including re-selling of electricity is not allowed.
For more information, please visit Electric Vehicles | Portland.gov or TRN 8.08 C.13 - Encroachments in the Right of Way, Electric Vehicle Charging Stations and Cord Covers