Statute Text
Authority to construct lines and facilities; requirements and conditions.
(1) Except within cities, any
person has a right and privilege to construct, maintain and operate its water,
gas, electric or communication service lines, fixtures and other facilities
along the public roads in this state, as defined in ORS 368.001 or across
rivers or over any lands belonging to state government, as defined in ORS
174.111, free of charge, and over lands of private individuals, as provided in
ORS 772.210. Such lines, fixtures and facilities shall not be constructed so as
to obstruct any public road or navigable stream.
(2) A county
governing body and the Department of Transportation have authority to designate
the location upon roads under their respective jurisdiction, outside of cities,
where lines, fixtures and facilities described in this section may be located,
and subject to ORS 758.025 may order the location of any such line, fixture or
facility to be changed when such governing body or department deems it
expedient. Any line, fixture or facility erected or remaining in a different
location upon such road than that designated in any order of the governing body
or department is a public nuisance and may be abated accordingly.
(3) The state
officer, agency, board or commission having jurisdiction over any land belonging
to state government, as defined in ORS 174.111, with respect to which the right
and privilege granted under subsection (1) of this section is exercised may
impose reasonable requirements for the location, construction, operation and
maintenance of the lines, fixtures and facilities on such land. The person
exercising such right and privilege over any land belonging to state
government, as defined in ORS 174.111, shall pay the current market value for
the existing forest products that are damaged or destroyed in exercising such
right and privilege. Such right and privilege of any person is conditioned upon
compliance with the requirements imposed by this subsection. [Amended by 1955
c.123 §1; 1971 c.655 §100; 1981 c.153 §76; 2001 c.664 §§3,6; 2009 c.444 §4;
2015 c.55 §1]
(Temporary provisions
relating to rights of way of public roads under county jurisdiction)
Note:
Sections 1, 2, 3 and 5, chapter
60, Oregon Laws 2024, provide:
Sec. 1.
A person that wants to construct,
alter, relocate, maintain or repair a water, gas, electric or communication
service line, fixture or other facility within the right of way of a public
road under the jurisdiction of a county shall be responsible for applying for
any permit and paying any permit fee that the county governing body requires
pursuant to section 2 of this 2024 Act. [2024 c.60 §1]
Sec. 2.
(1) A county governing body may
require a permit for the construction, alteration, relocation, maintenance or
repair of a water, gas, electric or communication service line, fixture or
other facility within the right of way of a public road under the jurisdiction
of the county.
(2) A county
shall issue or deny a permit described in subsection (1) of this section that
the county governing body requires within 15 business days after a complete
application for the permit is filed with the county. The requirement under this
subsection does not apply to an application for a permit for relocation of a
line, fixture or other facility when the relocation is required by the county.
(3)
Notwithstanding ORS 758.010 (1) and except as provided in subsection (4) of
this section, a county governing body may charge a fee, as described in
subsection (5) of this section, for the administration and issuance of a permit
described in subsection (1) of this section that the county governing body
requires.
(4) A county
governing body may not charge a fee for a permit described in subsection (1) of
this section that the county governing body requires if:
(a) The permit is
for vegetation management or vegetation clearance maintenance, and the
vegetation management or vegetation clearance maintenance is required by the
Public Utility Commission under ORS 757.035 or 757.039 or by a national
electric safety code adopted, by rule, by the commission;
(b) The permit is
for:
(A) Routine
replacement or maintenance of a line, fixture or other facility, including but
not limited to pole replacement; or
(B) Replacement
or maintenance of a line, fixture or other facility required by the commission
under ORS 757.035 or 757.039 or by a national electric safety code adopted, by
rule, by the commission;
(c) The permit is
for maintenance of a line, fixture or other facility related to a water system,
including a pumping facility, air relief valve, pressure valve or fire hydrant,
and the maintenance is essential for the safe operation of the water system;
(d) The permit is
for relocation of a line, fixture or other facility, and the relocation is
required by the county; or
(e)(A) The permit
is for emergency or urgent work, regardless of the duration