Roadway Standards Section 130 - Permit Requirements

130.1 General Requirements

Improvements, activities or the placement of permanent objects in the right-of-way under County jurisdiction require a permit prior to the start of work.  The County will issue a permit when it is established that the proposed activity is compliant with requirements.  The County is not liable for errors or omissions of an applicant submittal. 

Per County Code 7.03.030, the Road Official "may take any action deemed to safeguard the best interests of the traveling public."  This includes objects within the right-of-way, permitted or otherwise, are subject to relocation or removal at the adjacent property owner's expense at such time that the Road Official deems it necessary to relocate or remove such things due to public need, safety, or violation of standards. 

The privileges granted and obligations created by virtue of a permit issued shall be binding not only upon the applicant, but also upon the successors and assigns of the applicant.  The applicant shall give Engineering written notice of any such assignment or transfer within 90 days after assignment.

130.2 Exceptions to Requirements for Permit

The following work/placements within the right-of-way under the jurisdiction of Clackamas County do not require a permit:

1. Work performed by the County Department of Transportation and Development or its contractors.  However, a Right-of-way Permit is required for road closures when work is performed by DTD contractors.
2. Unless traffic control is required per Section 290, certain activities including:
   1. Vegetation installation, maintenance, and removal that is compliant with the County Code and not related to street trees. 
   2. Street tree removal and installation not related to development.  Land use requirements may dictate replacement when street trees are removed.  The Clackamas County Planning and Zoning Division provides guidance in the installation of street trees on their website.  See Section 255 regarding street tree installation when related to development.
   3. Roadway and sidewalk cleaning.
   4. Driveway culvert maintenance.
   5. Driveway maintenance including the spreading of gravel, repair of asphalt deterioration if the pavement edge of the roadway is not impacted, and sealing pavement.
   6. Minor grading and placement of gravel on graveled roadways that does not significantly impact the existing drainage in the judgment of the Road Official.
   7. Some utility work per County Code Section 7.03.099. 
3. Certain right-of-way encroachments may be installed without a permit if maintained by the adjacent property owner or by agreement and are compliant with County Code Section 7.03.090, sight distance standards of Section 240, clear zone standards of Section 245, do not hinder access or maintenance of the constructed roadway or to utilities within an easement, do not constitute a road hazard and do not necessitate traffic control upon installation or maintenance per Section 290.  These encroachments include:
4. Private irrigation systems not installed within a roadway median or island.
5. Mailboxes installed per the Standards for Installing Mailboxes on County Roads.
6. Fences.
7. Other objects compliant with County Code Section 7.03.
8. Under any other conditions determined by the Road Official.
    

130.3 General Permit Requirements

The following provisions apply to Development Permits, Entrance (Entry) Permits, Utility Permits, and Right-of-Way Permits. 

130.3.1 Responsibility

Issuance of permits by the County does not in any way relieve an applicant of their responsibility to meet all requirements of the County or other affected jurisdictions, or the obligation to protect life, health and/or property.  The issued permit for any project may be revised, supplemented, or revoked at any time if it is determined by the Road Official that the requirements of the County may not have been met or life, health and/or property are jeopardized.  An applicant is responsible for the safety and maintenance of the roadway within their work area. 

30.3.2 Application Submission

1. Utility Permit applications shall be submitted online at https://accela.clackamas.us/citizenaccess/ where permit instructions and submittal requirements can be found. 
2. Other permit applications may found and submitted via methods described at https://www.clackamas.us/engineering/forms.html.

130.3.3 Fees

1. Fees will be charged per the Clackamas County fee schedule found at https://www.clackamas.us/transportation/engineeringfees.html.  Fees not paid online may be paid via cash, check or credit card.  Credit card payment requires an additional fee.  Engineering staff will contact applicants for applications that are not accompanied by the appropriate fee for payment prior to permit processing.
2. Development Permit fees are typically based upon a percentage of the Engineer's estimate or a Contractor's estimate or bid and subject to Engineering approval.  Sureties will be based upon an Engineer's estimate per Section 190.
   1. All work in the public right-of-way under the jurisdiction of Clackamas County shall be included in the estimate.
   2. Work on private property related to access and circulation under Engineering review shall be included in the estimate.

130.3.4 Contractor Requirements for Licensing, Bonding, & Insurance

Contractors performing work within the right-of-way under the jurisdiction of Clackamas County shall:

1. Maintain a valid license with the Oregon Construction Contractors Board.
2. Comply with the insurance requirements of Clackamas County's Insurance for Permitted Work policy. 

Contractors performing work without compliance with these requirements are subject to Code enforcement per the County Code.

130.3.5 Property Owner Requirements for Insurance

1. Property owners may perform limited work in the right-of-way per the Insurance for Permitted Work policy.
2. Property owners performing work without compliance with these requirements are subject to code enforcement per the County Code.

130.3.6 Permit Approval

Work subject to a permit may not proceed until Engineering issues the permit.  Work without a permit is subject to code enforcement.  When a permit is issued, a copy of the issued permit will be provided to the applicant.  Permit numbers are assigned at the time of your application and are displayed on the permit.  Applicants should refer to these numbers when communicating with staff about their project. 

130.3.7 Application Period, Approval Period & Extensions

Permit applications that are not issued within a certain timeframe will expire.  Issued permits will display a permit expiration date.  Work may not occur after the expiration date unless the work is in surety or warranty.  Permits not completed by the expiration date and work that takes place after the expiration date that is not in surety or warranty is subject to code enforcement.  Any surety that is in place may be utilized by the County to complete the work at the date of expiration or at the end of the surety period.  Expiration dates are determined as follows:

1. Development Permits
   1. Eighteen (18) months from the Development Permit application date if not issued.
   2. Two (2) years from the date of issuance or the date of the expiration of the land use permit.
   3. Under special circumstances, up to one (1) year extensions may be granted if it complies with land use requirements, the required surety is in place, and any required extension fee is paid.
2. Entrance Permits
   1. Two (2) years from the application date if not issued.
   2. Two (2) years from the date of issuance.
   3. When associated with a residential Building Permit, the Entrance Permit expires at Building Permit final.
   4. When not associated with a residential Building Permit, the permit expiration may be extended for up to one (1) additional year when any required extension fee is paid.
3. Utility Permits
   1. Six (6) months from the application date if not issued.
   2. Six (6) months from the date of issuance except:
      1. Minor work such as potholing, which shall expire at conclusion of the proposed activity. 
      2. Permits that involve pole removal work expire one (1) year from the date of issuance.
      3. The ongoing occupation of the right-of-way is not subject to expiration unless the utility is no longer being utilized.
      4. The permit may be extended for up to an additional three (3) months if approved by the Road Official.
4. Right-of-Way Permits
   1. Six (6) months from the application date if not issued.
   2. One (1) year from the date of issuance except:
      1. Revocable encroachments may expire per the revocable encroachment agreement.
      2. Permits addressing filming, races or events, block parties, road closures, or traffic control only will expire at the conclusion of the proposed activity. 
      3. When not associated with a residential Building Permit, the permit expiration may be extended for up to one (1) additional year when any required extension fee is paid.

Timelines for work that is subject to code enforcement action per Section 7.03 of the County Code will vary depending upon the timeline of the code enforcement action and is subject to an extension fee or a new or revised permit.  No work subject to a permit per Section 130.4 may occur without a valid permit per these Standards.

130.3.8 Revocation or Modification of Permits

Per County Code Section 7.03.030, "The Road Official or the Board may take any action deemed to safeguard the best interests of the traveling public."  The Road Official may stop work, revoke, suspend, modify or reissue a permit at any time if the permitted activities:

1. Violate these Standards;
2. Violate the permit conditions;
3. Violate the approved plans;
4. Violate and use requirements including the conditions of approval;
5. Require the consideration of new information not considered in the original permit approval; or
6. Do not protect health, safety, property or environment.
7. Any other situation as determined by the Road Official.

130.3.9 Notification

The applicant shall coordinate construction activities with the adjacent property owner (if not the applicant), tenants, local public agencies, utilities and service providers during construction to avoid damage to property or utilities and to prevent the interruption of services.  Applicants shall be responsible to notify adjacent property owners of work occurring along that property owner's roadway frontage to protect their property, access and minimize disruption.  The adjacent property owner is entitled to delivery of private property permitted to be removed from the right-of-way. 

130.3.10 Construction Noise

Construction noise shall be within the hours and decibel level limits established in the County Noise Control Ordinance located in Title 6.05 of the County Code or other applicable local noise control ordinances.

130.3.11 Inspection

Comply with requirements of Section 180.

130.3.12Final Inspection/Project Close-out

Comply with requirements of Section 190.

130.4 Permit Types & Requirements; Stormwater & Erosion Control Reviews

130.4.1 Development Permit

A Development Permit will be required for:

1. Work in the public right-of-way under the jurisdiction of Clackamas County that creates, modifies, widens or extends a roadway or trail, involves a structure per Chapter 5, or significantly modifies drainage in the judgment of the Road Official.
2. Work in a right-of-way under county jurisdiction that exceeds the parameters of an Entrance or Right-of-Way Permit.
3. Dedication of public right-of-way or easements as part of a development.
4. Work on private property that involves:
5. Land use approval related to access and circulation.
6. The construction of private roadways.
7. Structures per Chapter 5 when not subject to a Building Permit.
8. A culvert 12 inches in diameter or greater that may alter the surface water runoff in the public right of way.
9. An environmental resource involving land use or environmental permitting, outside a surface water management district.
10. Structural fill, fills greater than one foot in depth, or site improvements on slopes greater than 10%, outside a surface water management district.
11. Access on existing slopes greater than 10%.
12. Utility work related to a development shall be issued via a Development Permit.  Utility work not related to a development shall be issued via a Utility Permit. 
13. Any other situation as determined by the Road Official.

On a case-by-case basis, the County may reduce the requirement for a Development Permit to an Entrance and/or Right-of-Way Permit (i.e. providing access to four of less residential properties where the required improvements could be acceptably constructed to meet residential, agricultural, or logging driveway requirements, an entrance permit may suffice).

130.4.2 Entrance (Entry) Permit

An Entrance Permit will be required under the following conditions:

1. New driveways to a right-of-way under County jurisdiction except in the case of industrial, commercial and multi-family developments where a Development Permit has sufficiently addressed the entrance requirements.
2. Modification to portions of existing driveways located in the right-of-way not meeting the exemption requirements of County Code Sections 7.03.240-7.03.290.
3. As part of a residential subdivision or partition to address access to each lot of record. 
4. When required per the Entrance Permit Matrix.
5. Any other situation as determined by the Road Official.

130.4.3 Utility Placement Permit

A Utility Permit will be required for work in the public right-of-way under the jurisdiction of Clackamas County under the following conditions: 

1. Utility work not related to a development shall be issued via a Utility Permit.  Utility work related to a development shall be issued via a Development Permit.
2. Potholing for utility location.
3. Other work not addressed by the exemption of County Code Section 7.03.099.
4. Any other situation as determined by the Road Official.

130.4.4 Right-of-Way Permit

A Right-of-Way Permit is required for work in the public right-of-way under the jurisdiction of Clackamas County under the following conditions:

1. Sidewalk grinding or panel replacement.
2. Improvements to the public right-of-way that does not require a Development Permit.
3. Right-of-way encroachments not exempt per Section 130.1.  Special requirements to address revocable encroachments are found at https://www.clackamas.us/engineering/forms.html.  Privately owned installations require a Right-of-Way Permit.
4. Any activities that require traffic control not related to other permits.  These activities commonly include races, filming and block parties.
5. Temporary road closures.
6. Dust control application.
7. Gates or other obstructions that restrict access to a right-of-way.
8. Minor paving or grading work that does not involve significant drainage changes.
9. Any other situation as determined by the Road Official.

130.4.5 Stormwater Review

Engineering is responsible for ensuring the adequate drainage of public roadways and developed properties in unincorporated areas outside of established stormwater districts within the County.  Engineering regulates the construction of public and private roads and other site improvements to ensure adequate drainage of storm/surface water to an appropriate discharge point.

Stormwater management review and requirements for work in a public right-of-way or on private property may be added to an Engineering permit for work proposed outside a stormwater district under the following conditions: 

1. When 5,000 square feet or more of new or reconstructed impervious surface is proposed within the UGB.
2. When 10,000 square feet or more of new or reconstructed impervious surface is proposed outside the UGB.
3. When grading or any new or reconstructed impervious surface is proposed or replaced within 50 feet of a perennial creek or stream or within 10 feet of a property line.

See Chapter 4 for stormwater management standards when required by this section.

130.4.6 Erosion Control Review

An erosion control review and inspections may be added to an Engineering permit when 800 square feet or greater of soil disturbance is proposed outside a stormwater district whether the disturbance occurs in the right-of-way or on private property.  In addition to the erosion control review from Engineering, disturbances of one acre or more require a 1200-C permit from DEQ.  When applicable, Engineering requires a copy of the 1200-C permit prior to issuance of a permit.  See Section 470 for requirements.