Do You Need a Permit to Build a Driveway?

It’s commonly known that building a home requires a bevy of permits and approvals, starting with the initial blueprints and down to the last electrical work.  However, many new property owners might not be aware that building a driveway also often requires a permit.  If you’re purchasing an undeveloped parcel of land, it’s a good idea to check with a land use professional to determine if you’ll need a permit to build a driveway.

Driveways Connecting to State Highways

The Oregon Department of Transportation (ODOT) has rules to maintain the safety of vehicles traveling along our state highways, including where and how driveways may connect to them.  ORS 374.305(1) requires anyone wanting to construct a new approach or change the use of an existing connection first to obtain written permission from ODOT.  ODOT manages this process with the issuance of “approach permits.”

An approach is defined as a legally constructed private driveway connection to the highway. A private approach must be recognized by ODOT as grandfathered or have a valid Permit to Operate, Maintain and Use the approach. 

Approach permits are required in many situations, such as:

• Constructing a new private highway approach.
• Changing the use of an existing approach or connection. 
• Constructing a temporary approach. 
• Constructing a special use approach. 
• Permitting an existing ‘grandfathered’ connection. 
• Improving an existing approach or connection. 
• Permitting an existing unpermitted connection. 

There are also many areas where ODOT will not issue an approach permit, primarily for safety reasons.  For example, you won’t get permission to connect a driveway to a freeway ramp or where there is no legal access from the property to the highway.

Local Permit Requirements for Driveways

Counties and municipalities may also have requirements for building driveways and access roads.  For example, in Jackson County, Oregon, the planning department requires permits for situations including:

• Driveway access to a new development.
• Driveway to a pasture or barn property.
• Driveway for RV parking.
• Adding a second driveway to complete a circular drive.
• Widening an existing driveway.
• Paving an existing driveway.

Contact the professionals to see if you need a permit to build a driveway on your property.

Before you begin excavating the land to build a driveway or expand one currently in place, call Richard Stevens & Associates.  We’re the professionals to help guide you through all land use issues to ensure you have the proper permits and approvals in place before you start investing money in a project.  We assist our clients with all work related to rural and urban land use planning permits and zoning laws. Our team will work to understand your needs and help you understand the legal requirements to achieve your goals.