Rights of Way Management
On January 2, 2019, the Lake Oswego City Council unanimously adopted Ordinance 2804, adding Lake Oswego Code Chapter 51 (“Utilities Facilities in Public Rights of Way”). Chapter 51 establishes uniform regulations for utility operations in the City’s right of way, as well as a licensing and registration process that will replace traditional franchise agreements.
The goal of Chapter 51 is to identify all rights of way users, coordinate use of the public rights of way, and regulate all users fairly and objectively.
On September 16th, 2025, Council adopted Resolution 24-29, updating right of way usage fees for all licensed utilities operating in the right of way, and minimum insurance limits for utilities. Every person that owns or uses utility facilities must pay a quarterly rights of way fee.
| Utility Service | Annual Rights of Way Usage Fee |
| Electric | 5% of gross revenue |
| Natural Gas | 5% of gross revenue |
| Cable | 5% of gross revenue, or maximum amount permitted by applicable law |
| Communications: |
Wireline Communications Facilities: 5% of gross revenue ---------------------------------------------------------------------------------------- Wireless Communications Services Facilities: Small Cell Wireless Facilities: $627.47/facility/year (The fee shall increase 3% annually on January 1st of each year, beginning January 1, 2026, rounded to the nearest $1.00). |
| Any utility operator that does not earn Gross Revenue within the City. (See LOC 51.01.050 for definition of Gross Revenue) |
Based on Total Linear Feet of Utility Facilities in the Rights-of-Way: Up to 5,000: $6,956 5,001-10,000: $9,274 10,001-20,000: $13,910 More than 20,000: $23,186 The minimum fee shall increase 3% annually on January 1st of each year, beginning January 1, 2026 |
| Water | 0% |
| Stormwater | 0% |
| Wastewater | 0% |
The minimum insurance limits that must be maintained by all utility operators per LOC 51.01.150 shall be as follows:
Comprehensive general liability insurance with limits not less than:
- Three million dollars ($3,000,000.00) for bodily injury or death to each person;
- Three million dollars ($3,000,000.00) for property damage resulting from any one accident; and
- Three million dollars ($3,000,000.00) for all other types of liability.
- Motor vehicle liability insurance for owned, non-owned and hired vehicles with a limit of two million dollars ($2,000,000.00) per accident-combined single limit or two million dollars ($2,000,000) bodily injury and one million dollars ($1,000,000) property damage.
Worker's compensation within statutory limits and employer's liability with limits of not less than one million dollars ($1,000,000.00).
Section 7. Effective Date. This Resolution shall take effect on the effective date of Ordinance 2931.
Considered and adopted at the regular meeting of the City Council of the City of Lake Oswego on the 16th day of September , 2025.
"Gross Revenue" means any and all revenue, of any kind, nature or form without deduction for expense, less net uncollectibles, derived from the operation of utility facilities in the City, subject to all applicable limitations in federal or state law.
If you operate in the city or anticipate doing so – or if you are unclear how Chapter 51 relates to your business activities in the city – please email ROW@lakeoswego.city.
LOC Chapter 51: Utility Facilities in Public Rights-of-Way Ordinance