(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. 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 of time of the work, to restore or maintain services, and the emergency or urgent work is necessary to protect public health or safety. A county may not delay emergency or urgent work under this paragraph to process an application for a permit under this section. (B) As used in subparagraph (A) of this paragraph, emergency or urgent work includes work required as a result of an accident or casualty, fire, flood, drought, wind or other natural elements, court order or litigation, breakdown of or damage to a facility, act of God, act of a civil, military or government authority, or act or omission of a third party. (5)(a) Subject to paragraphs (b) and (c) of this subsection, the maximum fee amount that a county governing body may charge for the administration and issuance of a permit described in subsection (1) of this section that the county governing body requires is $500. (b)(A) The maximum fee amount described in paragraph (a) of this subsection shall be increased annually on July 1 by the lesser of: (i) The percentage increase, if any, in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor; or (ii) Five percent. (B) An amount determined under subparagraph (A) of this paragraph shall be rounded up to the nearest dollar. (c) The fee amount charged by a county governing body may be no greater than necessary to cover, and may be used only to cover, the costs incurred by the county for the administration, issuance and compliance enforcement of the permits described in subsection (1) of this section that the county governing body requires. (d) Any fee charged by a county governing body for a permit described in subsection (1) of this section that a county governing body requires must be carried out on a competitively neutral and nondiscriminatory basis. (6) To exercise a power provided under this section, a county governing body shall first authorize the exercise of that power by county ordinance. (7) Nothing in this section reduces the authority of a county governing body provided under ORS 368.036, 758.010 (2) or 758.025. (8) Nothing in this section may be construed to allow a county governing body to assess a franchise fee or privilege tax for the right or privilege to occupy or otherwise use, 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 the county. Sec. 3. (1) Section 2 of this 2024 Act does not prohibit a county governing body from entering into a franchise agreement, agreement pursuant to ORS 190.010 or other agreement that governs the terms and conditions by which a person may 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 the county. (2) A county governing body may not require a person to apply or pay a fee for a permit described in section 2 (1) of this 2024 Act that the county governing body requires, if a franchise agreement, agreement pursuant to ORS 190.010 or other agreement governs the terms and conditions by which the person may construct, alter, relocate, maintain or repair the water, gas, electric or communication service line, fixture or other facility. Sec. 5. Sections 1 to 3 of this 2024 Act are repealed on January 2, 2031.
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