Do you need a permit for a concrete driveway or slab in Bend?

Three different permits, three different questions

People ask whether they need a permit for concrete as if there were one answer. There are really three separate questions. Does the slab need a building permit? Does any of the work touch the public right of way at the street? And if you are outside city limits, does the driveway connect to a county road? Each is handled by a different set of rules.

The building code exemption for flatwork

Oregon's residential building code lists work that does not need a building permit. The City of Salem's guidance on the 2021 Oregon Residential Specialty Code quotes Section R105.2, item 2: concrete sidewalks, slabs, platforms, driveways and similar work are exempt. That is the reason a typical patio or driveway on private property does not get a building permit.

Two cautions. First, the exemption covers the flatwork, not what sits on it. A slab that is the floor of a garage, shop or steel building is part of that building's permit, and Bend and Deschutes County both require permits for most accessory buildings over 200 square feet. See permits for a garage or shop. Second, exempt from a building permit does not mean exempt from zoning, setbacks, drainage or HOA rules. Your local building department has the final word.

Bend: right-of-way permits at the street

Inside Bend city limits, the street side is where permits come in. Bend City Code 3.40.005 says no one other than the City may remove, alter or construct any curb, sidewalk, driveway approach or gutter without a city right-of-way permit. The same section requires a permit to dig, cut, drill, excavate, install or construct in city rights-of-way or easements, and to close a sidewalk, vehicle lane or bike lane.

So a new driveway that stays entirely on your lot may need no permit, while widening the approach where it crosses the sidewalk does. The City's sidewalk maintenance page adds that sidewalk repairs need a right-of-way permit and must be done by a contractor with a Qualified Right-of-Way License. Ask any contractor you hire whether they hold one.

Bend: driveways must be paved

Bend's development code also has a say. The City's accessory uses quick reference states that new parking areas and driveways must be paved. In the RS, RM-10, RM and RH residential zones, a garage door must be set back 20 feet from the front property line, and alley parking needs 24 feet of backup distance to the far side of the alley. Structures cannot be placed over prohibiting easements or encroach into the right of way without an approved revocable permit.

Deschutes County: driveway access permits

Outside city limits, Deschutes County requires a driveway access permit whenever a driveway connects a public road under county jurisdiction to private property, citing ORS 374 and Deschutes County Code 12.28.050. The county's driveway information sheet says an access permit must be obtained before building permits are issued for new dwellings.

The county Road Department reviews applications in the order received and inspects the site, checking items such as sight distance, measured from a driver's eye height of 3.5 feet. No driveway is permitted within 50 feet of a road apron. Applications go through the Oregon ePermitting system as PDF uploads.

Other cities and state highways

Redmond, Sisters, La Pine and Prineville run their own permit offices, and a driveway onto a state highway falls under the state rather than the city or county. If you are not sure who has jurisdiction over your street, call your city or county building department before you set a pour date.

A quick checklist before you pour

Is the work entirely on private property, or does it touch the sidewalk, curb, gutter or driveway approach? Is the slab part of a building that needs its own permit? Does your lot connect to a city street, a county road or a state highway? Are there easements, setbacks or HOA rules where the slab will go? Answer those four and you will know which offices to call.

How RCC handles it

When RCC bids flat work or a paved driveway, we look at where the work meets the street and include the permit step in the plan. Tell us your address and we will flag what applies.