Rights of Way
Important Information to Utilities Operating in the City of Beaverton
Unless a utility operator has a valid franchise from the city:
- Every person who provides utility services to customers within the city by means of facilities within Beaverton’s rights-of-way (ROW) must register annually with the city (this includes resellers).
- Every utility operator who works in the ROW and every person who owns or controls utility facilities in the ROW must obtain a five-year license from the city.
- Every person who owns or uses utility facilities to provide utility service must pay a quarterly ROW fee of 5% of gross revenue earned within the city. If the utility operator does not earn gross revenue within the city, a per-linear-foot fee or a minimum fee (whichever is greater) is due.
A utility operator whose only facilities are attachments mounted to structures within the ROW must pay the annual attachment fee for each attachment as shown in the table.
The registration fee, license application fee, attachment fee, and rights-of-way fees established per BC 4.15.060(D), BC 4.15.070(C), BC 4.15.130(B) and 4.15.130(A) respectively, shall be as follows, to the extent permitted under applicable law:
|Type of Fee||Amount of Fee|
|Annual Registration Fee||$1111|
|ROW License Application Fee (5-years)||$1651|
|Annual Attachment Fee to City facility in ROW||$15451*|
|Annual Attachment Fee to non-city facility in ROW||$12881*|
|Electric Utility Operator2||5% of gross revenue3,4|
|Natural Gas Utility Operator||5% of gross revenue4|
|Communications Utility Operator||5% of gross revenue4|
|Water Utility Operator||5% of gross revenue4|
|Sanitary Sewer Utility Operator||5% of gross revenue4|
|Storm Sewer Utility Operator||5% of gross revenue4|
|Utility facility5 less than 12" in diameter that does not earn gross revenue within the City||$2.666 per linear foot or $5,4651,4 whichever is greater|
|Utility facility between 12" to 24" in diameter that does not earn gross revenue within the City||$3.726 per linear foot or $5,4651,4 whichever is greater|
|Utility facility greater than 24" in diameter that does not earn gross revenue within the City||$4.786 per linear foot or $5,4651,4 whichever is greater|
*The Annual Attachment Fee shall be the maximum allowed by law or negotiated with the Utility Operator, but in no circumstances shall it exceed $1,500 per attachment for City facilities and $1,250 per attachment for non-city facilities.
1 Fee shall increase 3% annually on January 1st of each year, rounded up to the nearest dollar.
2 "Utility operator" means any person who owns, places, operates or maintains a utility facility within the City. BC 4.15.050(N).
3 "Gross revenue" means any and all revenue, of any kind, nature or form, without deduction for expense, less net uncollectables, derived from the operation of utility facilities in the City of Beaverton, subject to all applicable limitations in federal or state law.
4 "Rights-of-way fees shall be reduced by any franchise fee payments received by the City, but in no case will be less than $0.00." BC 4.15.130(C).
5 "Utility facility" means any physical component of a system, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, transmitters, plants, equipment and other facilities, located within, .under or above the rights-of-way, any portion of which is used or designed to be used to deliver, transmit or otherwise provide utility service. BC 4.15. 050(M).
6 Fee shall increase 3% annually on January 1st of each year, rounded up to the nearest cent.
If you operate in the city or anticipate doing so – or if you are unclear how BC Chapter 4.15 relates to your business activities in the city – please call or email: 503-526-2531 rightsofway@BeavertonOregon.gov.