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Permits

Encroachment Permits

For an activity along a state highway, or an activity that requires the use of the state highway for other than a normal transportation activity, an encroachment permit is required. These include activities such as utility installation, driveways, parades, banners and many others.
 
There are three types of encroachment permits:
  1. Utility
  2. Access
  3. Miscellaneous         

Although not an encroachment, permits are also needed for operating a motor vehicle that is larger than the allowable legal size or weight (over-dimensional permit) on a state highway and for certain outdoor advertising signs including billboards visible from the state highway (outdoor advertising sign permit). 

There are 14 Maintenance Districts across the state. Each District is responsible for the day to day maintenance and operation of the state highways in their geographic area including issuing Utility, Miscellaneous, and Access permits. To find the local District office, see the map and contact information here: 

District Contact Information

A holder of an encroachment permit is responsible to follow federal, state and local regulations including obtaining any permits necessary to comply with those regulations.  The following brochure was created by state resource agencies to help guide individuals in identifying natural and cultural resource regulations and the agencies or level of government with jurisdiction for those regulations.

 

Natural and Cultural Resource Brochure

       
 Permit Requirements and Information

Click on the topic bars below for more information on permit requirements.

​Oregon law allows motor vehicles to operate on public roadways provided those vehicles meet specific size (width, height, length) and weight requirements. Vehicles or loads that exceed the allowed size or weight limits may be eligible for a variance permit. With the exception of house moves these permits are issued by Commerce and Compliance Division (CCD), Over-Dimensional Permits Unit. To contact CCD or get more information about over-dimension permits, visit the Commerce and Compliance Division homepage.
     
House Moves 
 
House on a truck moving.A "house move" permit may be issued for the movement of a house or other structure on a state highway. District offices issue these permits on behalf of Commerce and Compliance Division. 
 
To obtain a permit, complete the form titled, “Special Transportation Permit for House Moves” and submit it to the local District office.

​ODOT regulates signs on private property where the sign is visible to the state highway including temporary signs and signs on bus benches and bus shelters. A sign includes any message or display designed to attract or inform the public, even if it isn’t a commercial advertisement.
 
Permits issued for the placement of outdoor advertising signs are issued by the Outdoor Advertising Sign Permits Unit. For more information on the Outdoor Advertising Sign Program or to get an application for an Outdoor Advertising Sign permit, visit the Outdoor Advertising Sign Program webpage. 

​

A Miscellaneous Permit is a permit to conduct an activity, other than a utility installation or operation of a motor vehicle, on state highway right of way. These activities may include banners for civic events, seasonal decorations to add to the beauty of the highway, special events (parades, bicycle races, filming), tire chain installation, etc. 

Unless a permit application form for an activity is specifically described below, the standard permit application form is used.  Permits are issued at the discretion of the local district office.  

  
Permit Forms 
 
Reference Information
 
bicycleBicycle Race Event
A bicycle race is a type of “Special Event" for the purposes of a permit to use state highway right of way.  In this case, a "bicycle race" is a timed event (e.g., Road Race, Stage Race, Biathlon/Triathlon).

A permit is not needed for recreational bike rides; participants of a recreational bike ride must follow the rules of the road and comply with traffic laws and other state and local regulations for the regular use of the state highway.​

To obtain a permit to use a state highway for a bicycle race, complete the form titled, “Application For Bicycle Race Permit”.
 
Highway Beautification
 
A Highway Beautification permit allows for placement of decorations along state highways (except interstate highways) to enhance the aesthetic value of the highway.  These decorations can be seasonal hanging plants, pennants, or similar items. The decoration can have no more than the official name, logo and slogan of the agency. It cannot denote a specific activity or event, portray a political, religious, commercial or promotion message or recognize a person or organization. More information is available in Oregon Administrative Rule 734-​057-0020.​​
 
The agency (incorporated city, county, or Native American Indian Tribe) with jurisdiction in the area the decorations are desired to be placed are eligible applicants for this permit.  To obtain a permit, the agency must submit a written request to the appropriate district office at least 30 days in advance of the desired installation date. The request is to be on their official letterhead and accompanied by an ODOT permit application form, and a sketch, picture or drawing of the proposed decoration.
 
Vegetation Control - No Spray Permit
 
A Vegetation Control - No Spray Permit allows an owner of land adjacent to a state highway to manage vegetation and remove noxious weeds on the adjoining state highway right of way by cutting, mowing or hand pulling the vegetation or noxious weeds.
 
To obtain a “Vegetation Control Permit” complete the request form titled, “Request for Vegetation Control Permit” along with the liability release form and submit both documents to the appropriate ODOT district office. The district office will add the permit number to the liability release form upon approval of the request.
 
Rest Area Free Coffee
 
The Free Coffee program is a motorist service provided by non-profit organizations in ODOT rest areas where the organization may obtain a permit to give away coffee, other non-alcoholic beverages and cookies.
 
Permit requests must be received no more than 60 days prior to the desired date of the "free coffee" service. The successful applicant is selected through a random drawing 30 days before the request date. Permits are issued in 24-hour increments with up to 72 hours (three consecutive days) per permit.
 
The coffee, other non-alcoholic beverages and cookies must be available to the public free of charge; however donations may be accepted by the permitted organization. Other permit conditions are described on the application form and in Oregon Administrative Rule 734-030-0025.
 
To obtain a Free Coffee permit for the following ODOT rest areas, complete the form titled, “Free Coffee Program Permit and Application” and submit it to the appropriate ODOT district office.
OR 31
Summer Lake, 63 miles north of Lakeview (District 10)

U.S. 20
Brothers Oasis, 41 miles east of Bend (District 10)
Sage Hen, 18 miles west of Burns (District 14)
Buchanan Springs, 24 miles east of Burns (District 14)
 
U.S. 26
Bandit Springs, 40 miles east of Prineville (District 10)
 
U.S. 395
Carter, 3 miles south of Long Creek (District 14)
 
Interstate 5
Siskiyou, 13 miles north of the California Border (District 8)

   
The following ODOT rest areas are managed by Travel Information Council. For Free Coffee service in any of these rest areas, contact Travel Information Council.
    
Interstate 5
French Prairie (Baldock), Santiam River, Oak Grove, Gettings Creek, Cabin Creek, Manzanita, and Suncrest Rest Areas

Interstate 84
Memaloose, Boardman, Stanfield, Deadman Pass, Charles Reynolds, Baker Valley, Weatherby, and Ontario Rest Areas
 
US 26
Sunset Springs Rest Area
 
US 97
Cow Canyon, Beaver Marsh and Midland Rest Areas

US 101
Tillamook River Rest Area
 
OR 22
The Maples Rest Area
 
Pedestrian Activities 
 
A pedestrian activity is an activity to solicit contributions or interest from motorists using the highway. To be eligible for a permit the activity can not impede traffic or cause a traffic hazard and must meet the criteria outlined in OAR Chapter 734 Division 58.
To obtain a Pedestrian Activity permit, complete Form 734-2708. When complete, submit it to the appropriate District office between 30 to 180 days prior to the pedestrian activity. If the activity is to occur on a state highway within city limits, the Applicant must provide confirmation from the city that the activity does not violate city ordinances.
 
Liability insurance of $1 million is required for this activity. If the Applicant is a public entity, proof of self-insurance will suffice. 
 
Application and Permit for Pedestrian Activities on a State Highway
Permit Application Instructions
Oregon Administrative Rules for Pedestrian Activities ​

​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
 
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​A holder of an encroachment permit is responsible to follow federal, state and local regulations including obtaining any permits necessary to comply with those regulations. The following brochure may be helpful in identifying natural and cultural resource regulations.

Before I Use This Truck, I May Need This

This brochure was created by state resource agencies to guide individuals to those agencies for verification and coordination regarding the need for any permit or clearances for projects including archeological, historic and cultural resource protection. ODOT is not responsible for the accuracy or completeness of the information provided in the brochure.

​A permit from ODOT is needed for an access or approach to a state highway. The request for a permit is to be submitted on an “Application for State Highway Approach,” Form 734-2680.  
 
For information on the Access Management Program or how to obtain a permit for a road or driveway approach, please visit the Access Management home page.