A Utility Permit is a permit for the installation, maintenance, and operation of utility service lines on state highway right of way such as pipelines, pole lines, and buried cables for gas, water, electric and communication services. While a utility service line may be publicly or privately owned, it must provide service to the general public to be eligible for a Utility permit.
Lines that don't provide service to the general public are considered “private lines". Private lines may be allowed to cross a state highway (aka transverse lines) so that the highway is not an unintended barrier but would not be allowed to run parallel to the highway (aka longitudinal lines).
For this purpose, a utility service line may be above ground (e.g., a pole line) or below ground (e.g., a pipeline or buried cable). When the utility service line is being placed both above and below ground one permit may be issued provided the utility service line is a continuous run, is on one highway, and is being placed by one applicant.
An eligible applicant for a Utility permit is the provider of the gas, water, electric or communication service and who will be responsible for the installation, maintenance and operation of the line.
Wireless facilities such cell or data towers, antennas or repeaters are not a utility service line so are not eligible for a Utility permit but may be allowed by lease or license administered by ODOT Right of Way Section.
A standard permit application form is to be completed and submitted to the appropriate local ODOT district office. The District reviews each permit request to determine if the request is eligible for an ODOT issued Utility permit. Click here to find the local district office contact information.
Tribal Notification and Cultural Resource Certification
Utility permit applicants are responsible to follow federal, state, and local regulations including obtaining any clearances, licenses, permits, and approvals necessary to comply with those regulations.
In addition, based on feedback from Oregon's Federally Recognized Tribes, Utility permit applicants are to certify they have provided advance notice to tribes of intended utility installation work that is likely to include ground disturbance (directional boring, cable plowing, trenching, and other digging) and verified the presence or absence of cultural resources by contacting the State Historic Preservation Office (SHPO) or by checking the SHPO database before an ODOT Utility permit is issued.
Utility permit applicants are encouraged to engage with tribes early in the planning for their intended utility work giving tribes at least 30 calendar days advance notice. This advance notice allows the tribe opportunity to provide input on cultural resources in the intended utility work location that may be known to the tribe but not in the SHPO database.
Advance notice is not required for urgent/emergency work such as when a service line is down and time is of the essence to restore service, or for routine maintenance of an existing permitted utility line. However, the Utility permit applicant remains responsible to follow federal, state, and local regulations including protecting historic, cultural, or archaeological resources in the work area.
To aid Utility permit applicants in this, two forms are available:
- A Utility Permit and Cultural Resource Review Notification form that may be used to contact tribes. Using this notification form is not required but is recommended.
- A Utility Permit Notification and Cultural Resource Certification form to confirm to ODOT that advance notice to the tribes was given. This certification form is required to be submitted with the ODOT Utility permit application. Not providing the certification form could delay ODOT's review and approval of the Utility permit application
Frequently Asked Questions on this “Utility Permit Tribal Notification and Cultural Resource Certification" process are also available.
Questions on how to identify and protect cultural resources, or what to do if cultural resources are discovered during the course of the work, reach out to SHPO at www.oregon.gov/oprd/oh.
Permit Forms
Resource Information