Right of Way Code
The City of Bend has updated the code that governs the use of the City’s public rights-of-way to provide services within the city.
The Right-of-Way code applies to any current or future entity that provides a utility service and/or uses infrastructure in the right-of-way, whether or not the entity owns the infrastructure in the right-of-way. These entities include companies providing water, sewer, electric, natural gas, cable or telecommunications services. Resellers and voice over IP providers are also subject to the code.
Historically, the City negotiated and managed individual franchise agreements with those providing utilities within the City. These agreements had different terms and conditions, which resulted in different expectations for different right-of-way users. With the new right-of-way code, the City will benefit from improved efficiency and will ensure all entities are treated equitably.
Right of Way Applications
If you are a Utility Operator who owns, places, operates, and/or maintains facilities in the City’s Rights-of-Way, complete the License Application linked below. Note, operators applying for a license do not also need to register.
If you are a Utility Provider who provides service to customers within the City of Bend limits by leasing facilities from a Utility Operator, complete the Registration Application linked below. Note, utility providers completing registration do not also need to apply to for a license.
What is the Public Right-of-Way?
The Bend Development Code defines “right-of-way” as “land that is owned by the public for transportation and utility facilities.” The right-of-way includes the land from sidewalk to sidewalk, below, at, and above ground level. The right-of-way is owned by the public and held in trust by the City. The City manages the right-of-way as a fiduciary for the benefit of the public.
Adopted Right-of-Way Code Documents
Frequently Asked Questions
The effective date of the new right-of-way code is June 1, 2024.
The City will honor the terms of existing franchise agreements until those agreements terminate or expire by their terms. Utilities with valid franchise agreements will not be subject to the code until after their franchise agreements are no longer in effect. Newer agreements have a provision allowing the City to terminate the franchise agreement upon enacting a new right-of-way code with 30 days’ notice.
Utility Service Operators who own, place, operate, and/or maintain facilities in the right-of-way must apply for a license. Operators applying for a license do not also need to register.
Utility Service Providers who provide service to customers with the City of Bend limits by leasing facilities from a Utility Service Operator are required to register.
Utility Service Operators applying for a license with the City will:
- Use the link above to fill out the license application form.
- Pay the application fee on receipt of your automated submission received email. This email will contain instructions for payment and a reference number.
- Submit required documentation (identified in the application and in the automatic reply acknowledging receipt of your submission) to rowcodeinfo@bendoregon.gov.
- Provide requested GIS information to City of Bend GIS staff.
- Answer any questions, or requests for additional documentation, or changes to existing documentation as requested by City staff.
- Once payment has been received along with all proper documentation and GIS Mapping files, your application will be sent to the Right-of-Way Manager for a final review, which could take up to 10 business days to complete.
- When your application is complete, assuming you meet all requirements outlined in the Code, you will be emailed a license good for the next 5 years and added to the City’s Qualified Contractor List. You will be authorized to do work in the City’s rights-of-way subject to the code and proper permitting.
Please allow 20 business days for City staff to receive your payment and process your application. You can expedite this timeline by paying your application fee immediately on receipt of invoice and being responsive to any requests from City staff.
Utility Service Providers registering with the City will:
- Use the link above to fill out the registration application form.
- Pay the application fee on receipt of your automated submission received email. This email will contain instructions for payment and a reference number.
- City staff will review your registration application for completeness.
- On completion of staff review, assuming all information is accurate, your registration will be confirmed.
- You will receive a final email indicating your registration has been completed. Our registration will be active for 5 years.
Please allow 20 business days for City staff to receive your payment and process your application. You can expedite this timeline by paying your application fee immediately on receipt of invoice and being responsive to any requests from City staff.
Licenses: Your application status must be approved/active within 45 days of either 1) the effective date of the code, or 2) the expiration date of your valid franchise agreement. The City will honor the terms of existing franchise agreements until those agreements terminate or expire by their terms.
Registrations: Your application status must be confirmed within 45 days of either 1) the effective date of the code (June 1, 2024), or 2) the expiration date of a valid franchise agreement when the franchise holder is choosing not to pursue a license.
Grace Period: As long as applicants are pursuing good faith attempts to meet the requirements of the code, an initial grace period will be extended to those applying in advance of the June 1, 2024 effective date. If your application has been received by the effective date, it will be considered on time.
Allow 20 business days for City staff to receive your payment and process your application.
You can expedite this timeline by paying your application fee immediately on receipt of invoice and being responsive to any requests from City staff.
As long as applicants are pursuing good faith attempts to meet the requirements of the code, an initial grace period will be extended to those applying in advance of the June 1, 2024 effective date. If your application has been received by the effective date, it will be considered on time.
Once your application is submitted, you will receive an email with instructions to pay your application fee online and your reference number. If paying by check, mail it to:
City of Bend Finance Department
PO Box 1458
Bend, OR 97709
Please reach out to our Finance Department at ar@bendoregon.gov if you need assistance with making a payment.
Licensees are required to pay the rights-of-way use fee as determined by resolution of the City Council. Fees are to be paid monthly, in arrears, unless otherwise agreed by the City. See the adopted Fee Resolution for specifics regarding the amount due. Each payment must include your License Number and be accompanied by an accounting of gross revenues, and a calculation of the amount payable. Mail the required reporting and payment to:
City of Bend
Attn: Finance – ROW
PO Box 1458
Bend, OR 97709
Please direct any questions to the Right-of-Way Manager via email at rowcodeinfo@bendoregon.gov or telephone at 541-388-5580 ext. 1.