Occupy Right-Of-Way Permit

When is a Permit Needed to Occupy the Right-of-Way?

Permits to occupy public right-of-way are generally issued to allow either:

• the temporary short-term occupancy of the public right-of-way during some phase of a construction project (examples: dumpsters; scaffolding; sidewalk replacement); or,
• the temporary longer-term occupancy of the public right-of-way in order to install and maintain monitoring wells and similar devices.

Whenever the City authorizes the use of public right-of-way, there is a certain amount of liability assumed by the City. Therefore, the issuance of these permits is discretionary. In general, the City prefers that citizens occupy private property in conjunction with their projects. It is recognized, however, that the temporary occupancy of public right-of-way is often necessary to efficiently complete a project or comply with Department of Environmental Quality standards.

It should be noted that because the occupancy of public right-of-way is intended to be temporary, these permits will be issued for a specified length of time. It should also be noted that permits to occupy public right-of-way are not intended to control work accomplished by City crews, franchise utilities, or in conjunction with a street cut permit.

In general, there are three situations in which a permit to occupy public right-of-way is required:

1. Temporary short-term work to be conducted on private or public property which will necessitate the use of a public sidewalk, parking strip, or any other public property between the curbline and the property line. This would also include work in which the public property is not actually occupied, but where there is a possibility that the area will be hazardous in some way (i.e. falling debris, sand from a sandblasting operation, paint drift from sprayers, etc.).
2. Temporary short-term work to be conducted on private or public property which will necessitate the occupation of that portion of the street or alley which is designated as a parking or travel lane. (This would include the placement of a dumpster, for example.)
3. Installation and maintenance of monitoring wells and similar devices for a temporary but longer time period (example: two years).

Examples of materials not permitted in the right-of-way are landscaping materials (bark dust, gravel, soil, sand, etc.), storage of construction materials and equipment, porta-potties, job trailers, and uncontained garbage.

Who May Purchase this Permit?

A property owner or a registered contractor.

What is the Cost of the Permit?

Fees vary depending on the scope of work. Refer to the Occupy Right-of-Way Permit Application.

Additional Information

Development Services Policy 1132 provides additional detail regarding the review and approval of these permits.