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

When will the new code go into effect?
What about existing franchise agreements?
Which application is right for my utility business?
How does the license application process work?
How does the registration application process work?
When does my utility business need to apply?
What’s the timeline for application review?
How is the application fee paid?
How will use fees be paid?
I still have questions. Where do I send them?

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