Utility Relocations

News Article

Utility Relocations

Hello and happy fall! As the construction season slows down, we want to return to the process of relocating utilities within the public right-of-way in the City of Portland.

Under Portland City Code 17.56.060, the Director of the Bureau of Transportation (PBOT) has the authority to require any person or entity owning, operating, or managing a public utility within the City to temporarily or permanently remove, relocate, change, or alter the position of their facilities in the public right-of-way. This directive is applicable whenever necessary for public works purposes, operations purposes or other reasons deemed by PBOT to be in the public interest.

Unless there is an agreed upon emergency or an alternative timeline with PBOT, the temporary or permanent relocation must be completed within 30 days from the date of the written relocation notice (30-Day Relocation Letter). Timely coordination with the City of Portland on infrastructure relocation is a key responsibility for all franchised or public utilities.

Under Administrative Rule TRN 10.45, PBOT outlines how this process works to allow utilities and project managers time to design, apply for and receive permits, and implement the relocation of facilities.

Relocation Timelines and Coordination

Upon receiving a final relocation demand letter, utilities have 30 days to relocate their facilities. It is crucial to act promptly-notification to the project manager of your relocation schedule and participation in all scheduled utility coordination meetings is necessary. Communication is key, as you will be expected to continuously work with the construction/project manager throughout the relocation process.

The 30-day timeline applies to all types of infrastructure, including but not limited to: aerial, ground-mounted, and underground facilities. To avoid delays, application for your street opening permit should happen as soon as your design plans are approved. Once all necessary permits are secured, you may proceed with scheduling the relocation work.

Compliance

Failure to relocate facilities within the project timeline may result in legal and financial consequences. Utilities that do not comply with relocation requests may be subject to delay costs charged to the project. Additionally, non-compliant utilities will be referred to PBOT's Right-of-Way Compliance Program, separate from any delay claims.

Under PBOT Administrative Rule TRN-8.14, the Compliance Program outlines the procedures for addressing violations of Titles 16 and 17 of the Portland City Code, including potential civil actions and penalties. Facilities that remain in conflict will be classified as a nuisance and will incur fines under Rule 8.14 until the required relocation is completed. Continued non-compliance after fines are imposed may lead to the withholding of permitting services until the conflicting infrastructure has been mitigated.

Upcoming Updates

We encourage you to stay informed about updates to PBOT Administrative Rule TRN-10.45, which governs utility distribution and relocation processes. PBOT will be sending out newsletters detailing upcoming changes, and we welcome your feedback on them. You can also stay informed by checking our website: Utility Management | Portland.gov