Prohibited Activities In the Road Right-of-way

The following codes and ordinances help to protect the safety and well-being of all roadway users and ensure that Public Works staff are able to provide maintenance, as needed, throughout the County. Any activity that may hinder the normal operation, maintenance, safety or general use of a public or County road right-of-way is not permissible.

When not creating an immediate hazard, Lane County staff may first try to notify the person responsible for the unauthorized activity and/or place a stop work order at the site.  If the offense poses a serious threat to public safety or the responsible person does not immediately comply, Lane County staff may remedy the concern and bill the costs to the responsible party or impose a civil penalty as outlined in Lane Code Chapter 5

The following items are just some examples of prohibited activities and restrictions as noted in Lane Code Chapter 15.215. Many of these items are not generally allowable by permit and are subject to the Failure to Comply and Enforcement provisions outlined in Lane Code Chapter 5 and 15.


FIXED OBJECTS AND FENCES

The roadside consists of many items that are a necessary part of our daily lives such as utility lines, poles, fire hydrants and signs. Many other objects placed within and along roadsides are not permissible and must be moved.

Even small objects can prevent maintenance or cause serious safety concerns. Prohibited fixed object placement includes, but is not limited to, landscape timbers, rocks, irrigation facilities, walls, gates, bollards, fencing, non-standard mailbox supports, roadside memorials, stairways, basketball hoops, signs, logs and stumps.

Lane County Land Management Division has created a handout to help property owners ensure that fences are not constructed in the road right-of-way or visual clear zones. Properties located within City Urban Growth Boundaries may be subject to additional setbacks. It's recommended that you contact the Lane County Land Management Division at 541-682-3577, or the City Land Management Division if you are located inside an Urban Growth Boundary, prior to constructing a fence.

SIGNS

Signs must not be placed adjacent to roadways or within Lane County road rights-of-way including on utility posts, trees or County-maintained signposts.

Property owners are responsible for knowing where their private property lines are located and must, at minimum, place signs within their property boundaries.  Some sign types are subject to additional setbacks and are required to be placed further inside private property boundaries.  We recommend that you contact the Lane County Land Management Division at 541-682-3577 for more information prior to the placement of any sign.

Lane County Public Works has the authority to remove any sign that has been placed within the public right-of-way without notification. Signs are generally removed throughout the year whenever they cause a safety or maintenance issue.
 
Complaints regarding election signs will be resolved through the normal compliance process, which can take several business days to resolve. Priority is given to signs that pose an immediate safety hazard or maintenance concern for County staff.  All other signs will be investigated and removed as time allows. 

If Lane County Public Works removes a sign, you can be reunited with it at 3040 N. Delta Highway within 30 days of removal; after 30 days the sign will be destroyed. By placing the signs properly, you can avoid unnecessary expense and hassle for yourself, save taxpayer money by saving Public Works staff from managing improperly placed signs, and protect your neighbors and visitors from accidents. 

UNPERMITTED LANDSCAPING TREES AND VEGETATION CAUSING A HAZARD

Many types of vegetation, such as street trees and shrubs, can beautify their surroundings, reduce pollutants and provide cooling shade. In some cases, vegetation causes a hazard by blocking traffic signs or signals and creating blind spots for vehicles, cyclists and pedestrians.

When trees grow larger they can become fixed objects, their roots can lift sidewalks in urban areas, and on rural roads the shaded areas can take longer to dry causing unpredictably wet or icy roads.

Lane County Road Maintenance prunes trees and removes nuisance vegetation from the County road right-of-way and visual clear zones; however, the best way to reduce hazards is to make sure anything you plant is located entirely within the boundary of your private property.  In some cases, vegetation may need to be planted further back inside property lines to remain entirely outside the roadside clear zone and visual clear zones.  As vegetation grows, be sure to prune it appropriately to maintain it within the boundaries of your property.

Pruning or removal of vegetation from the right-of-way may be performed by the property owner or a contractor that you hire.  A Facility Permit is required for logging and tree removal any time a falling tree could reach the road right-of-way, even if the tree is located on private property.  Traffic control may be required and insurance and surety/bond amounts are also necessary.  Contact the permits desk at 541-682-6902 for more information on permitting.

The vegetation management policies and safety guidelines can be found by visiting our Visual Clear Zones and Integrated Vegetation Management Program webpages. If you see vegetation blocking sight distances or creating a general hazard, please contact Lane County Public Works at 541-682-6900 and report it.     

UTILITIES ATTACHED TO A MAINTENANCE FACILITY

A Facility Permit is required in order to place any type of utility line, pedestal, pole or other appurtenance within the County road right-of-way.

Utilities located within, attached to, or surrounding any culvert, guardrail, or other facility maintained by the County, are prohibited.

In cases where utilities have damaged facilities, such as boring through culverts, the person or company responsible for placement of the utility will be required to restore or repair the County facility at their own expense.  

ACTIVITY ON PRIVATE PROPERTY THAT CREATES A ROAD HAZARD

In some cases, work performed on private property can have unintentional consequences within the road right-of-way. Any activity or occurrence on private property that can cause damage to a road or create conditions in the road right-of-way that might be hazardous or damaging to the public – including, but not limited to, blocking or altering a drainage way, diverting water from private property, or hazardous trees – is not permissible.

Additionally, mud and sediment, or any type of debris in the road or right-of-way flowing or deposited from private property either through erosion or excavation, or drawn out on vehicle tires, must immediately be remedied in order to prevent hazardous conditions.

If issues arise please contact Lane County Public Works at 541-682-6900 immediately, or the Lane County Sheriff’s Office if emergency services are required to protect the public.

UNPERMITTED ACCESS

Vehicle access must be limited to existing primary driveway aprons. 

Many properties have ditches between them and the adjacent road to carry water runoff from the roadway and protect the road base. These ditches also prevent random ingress and egress at locations other than the primary access point to a property.  Some properties do not have ditches; however, it is still expected that owners of properties will use the main permitted access points to prevent traffic hazards and limit maintenance concerns along roadsides.

Driveway apron permits are only approved via the Facility Permit process. Access Management Guidelines in Lane Code Chapter 15 are used to determine whether or not new access points can be allowed.  For more information regarding access and driveway apron permits, please contact the permits desk at 541-682-6902. 

TRASH BINS

Trash receptacles should only be placed in front of property that you own and they should not be permanently located adjacent to the road. Please remove your trash bin as soon as possible, but not more than one day after the scheduled pick-up date.

ILLEGALLY PARKED AND ABANDONED VEHICLES, INCLUDING CAMPING

The Lane County Weighmaster handles the majority of motor carrier enforcement on Lane County road rights-of-way. When the Weighmaster is not weighing trucks or inspecting commercial vehicles, they are enforcing abandoned vehicles and other types of vehicular violations that can create maintenance or safety concerns on County roadways.
 
Vehicles should not be left abandoned or parked partially in the lane of travel, on a sidewalk, or generally in violation of ORS 819.120. Camping and abandoned vehicles are not allowed within a public road right-of-way. Vehicles may be considered abandoned when they are rendered inoperable or being used to store trash or have become unattended for several days. 

The Weighmaster works in conjunction with the Sheriff’s Office to determine the level of enforcement that should be applied to each situation.

Report immediate hazards to the Sheriff’s Office at 541-682-4150 (for non-emergencies). You may report nuisance or abandoned vehicles directly to Lane County Public Works at 541-682-6900.

UNAUTHORIZED SPEED BUMPS

Lane County does not generally allow speed bumps on Lane County roadways.  Speed-related concerns should be reported to Lane County Public Works at 541-682-6900.  Traffic engineering staff will review the requested site and report back. 

Examples of Prohibited Activities