Who is responsible for fixing a damaged sidewalk in Bend?

The short version of the rule

Many homeowners assume the city owns and maintains the sidewalk out front. In Bend, the city's Sidewalk Maintenance page is direct: property owners in the City of Bend are responsible for maintaining sidewalks and fixing damaged sidewalks. The page points to Bend Municipal Code Chapter 3.30, including BC 3.30.020, Sidewalk Maintenance and Liability, and to BC 3.60.050 for sidewalk damage caused by trees.

That makes a heaved panel, a wide crack or a broken corner your project, even though the sidewalk sits in the public right of way.

Why a permit is required

Because the sidewalk is in the public right of way, the city controls how work there is done. Bend City Code 3.40.005 says no person 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 covers digging or construction in rights-of-way and easements, and closing a sidewalk, vehicle lane or bike lane.

The Sidewalk Maintenance page adds that a right-of-way permit is required for sidewalk replacement and repairs, and that repairs must be done by a contractor with a Qualified Right-of-Way License. Before you hire anyone, ask whether they hold that license and who will pull the permit.

What usually damages sidewalks here

The city's own code citations hint at the usual causes. Tree roots lift panels, which is why BC 3.60.050 deals with tree related damage separately. Freeze and thaw is the other. The Concrete in Practice sheet on scaling explains how freezing and thawing with moisture or deicing salts flakes concrete surfaces, especially when the concrete has too little entrained air or was not cured properly. See freeze and thaw and concrete for more.

Settled or uneven panels can also come from a poor base. Replacing a section without fixing what is under it often means doing it twice.

Sidewalks, driveway approaches and your driveway

Sidewalk repair often comes up alongside a driveway project, because the driveway approach crosses the sidewalk. Both fall under the same right-of-way permit rules in BC 3.40.005. If you are replacing a driveway, it can make sense to fix nearby sidewalk panels at the same time. Our guide on driveway and slab permits covers the rest of the permit picture.

Snow and ice are your job too

Responsibility does not end with repairs. Bend also makes property owners responsible for clearing snow and ice from their sidewalks: within six daylight hours after snowfall for commercial properties and 24 hours for residential. See Bend's sidewalk snow removal rules.

What a repair looks like

A typical sidewalk repair means saw cutting out the damaged panels, removing them, correcting the base, forming to match the existing grade and width, pouring and finishing to match the neighbors, and curing before the sidewalk reopens. Joints should follow the existing pattern. The Concrete in Practice sheet on joints recommends cutting contraction joints at least a quarter of the slab depth.

If you have a damaged sidewalk in Bend, send RCC a photo and the address. We will tell you what the repair involves and what the permit requires. More on our flat work.

Doing it alongside other concrete work

If you are already planning a driveway, patio or approach replacement, add any damaged sidewalk panels to the same project. The right-of-way permit, the crew and the concrete delivery can often be shared, and the new sidewalk can be finished to match the new approach. Ask for the sidewalk to be priced as its own line so you can see the cost.

Repair or replace?

Small cracks that are tight and level are usually a cosmetic issue. Panels that have lifted or sunk enough to create a trip edge, panels broken into pieces, and surfaces that have scaled badly are usually replaced rather than patched, because patches on freeze and thaw damaged concrete tend to come loose. The city's requirements for the permit and the qualified contractor apply either way, so ask before starting any work in the right of way.

Before you call

Take a few photos showing the damage and the neighboring panels, measure roughly how many squares need replacing, and note any tree near the damage. If the city has sent you a notice about the sidewalk, have that handy too; it often states what needs fixing and by when.