Oregon · Penalties if you skip one
What you can build without a permit in Oregon
By Mario Bailey Last checked · 9 official sources
Quick answer
Across the 2 Oregon jurisdictions we have verified, 0 of 20 project rules need no permit at all, 14 turn on a size or scope condition the jurisdiction publishes, and 6 require a permit regardless. Deck work is where the answer most often comes with a published condition rather than a flat yes: 2 of the 2 jurisdictions that answer publish one. The numbers are not statewide: fence thresholds alone run from 7 to 9 feet depending on the jurisdiction.
How to read this page
"No permit" means the jurisdiction publishes that the work needs no building permit. "Depends" means it publishes a size, height, depth, cost or scope condition that decides the answer, quoted in its own words in the last column; the number beside it is the figure that condition turns on, and which side of the number is exempt is stated by the condition, not by us. Exempt from a building permit is not exempt from zoning, setbacks, height limits, flood rules, an HOA, or a separate electrical, plumbing or mechanical permit, and several of the conditions below say exactly that.
Deck
All 2 make the deck answer turn on a size or scope condition the jurisdiction publishes, and the 2 that state a number all publish 30 inches.
| Jurisdiction | Permit | Published figure | What the rule says |
|---|---|---|---|
| Eugene | Depends | 30 inches | height of the deck or porch floor above adjacent grade, measured at any point within 3 feet horizontally of the floor, with a covered porch also needing to stay at least 3 feet from property lines. |
| Portland | Depends | 30 inches | height of the deck walking surface above adjacent grade, taken 36 inches out from the edge of the deck. |
Fence
All 2 make the fence answer turn on a size or scope condition the jurisdiction publishes, and the 2 that state a number publish figures from 7 to 9 feet.
| Jurisdiction | Permit | Published figure | What the rule says |
|---|---|---|---|
| Eugene | Depends | 9 feet | fences of wood, wire mesh, chain link or other material weighing 5 pounds per square foot or less, with a 6 foot limit for materials heavier than 5 pounds per square foot. |
| Portland | Depends | 7 feet | wood and similar materials; 4 feet for masonry or concrete, 8 feet for woven wire or chain link, and any barrier around a swimming pool. |
Patio
All 2 make the patio answer turn on a size or scope condition the jurisdiction publishes, and the 2 that state a number all publish 200 sq ft.
Pool
All 2 make the pool answer turn on a size or scope condition the jurisdiction publishes.
| Jurisdiction | Permit | Published figure | What the rule says |
|---|---|---|---|
| Eugene | Depends | Eugene exempts only one kind of pool from a building permit: a prefabricated pool whose walls are entirely above the adjacent grade. | |
| Portland | Depends | 24 inches | depth of water in a structure used for swimming or recreational bathing. |
Roof Replacement
All 2 make the roof replacement answer turn on a size or scope condition the jurisdiction publishes.
| Jurisdiction | Permit | Published figure | What the rule says |
|---|---|---|---|
| Eugene | Depends | An ordinary residential re-roof in Eugene does not need a building permit. | |
| Portland | Depends | A straight like-for-like reroof of a Portland house does not need a building permit: the city lists reroofing with a roofing material of similar weight, including replacing some or all of the existing roof sheathing, as work that does not need a permit. |
Shed
All 2 make the shed answer turn on a size or scope condition the jurisdiction publishes, and the 2 that state a number all publish 200 sq ft.
| Jurisdiction | Permit | Published figure | What the rule says |
|---|---|---|---|
| Eugene | Depends | 200 sq ft | nonhabitable one-story detached accessory structure, with a height limit of 15 feet measured from grade plane to the average height of the highest roof surface. |
| Portland | Depends | 200 sq ft | in area, or a height over 15 feet from the grade plane to the average height of the highest roof surface; on lots over 2 acres the area trigger rises to 400 square feet when the structure is at least 20 feet from property lines and other structures. |
Electrical
1 of 2 makes the electrical answer turn on a size or scope condition the jurisdiction publishes. Eugene requires a permit for electrical work regardless of size.
| Jurisdiction | Permit | Published figure | What the rule says |
|---|---|---|---|
| Portland | Depends | Portland requires a residential electrical permit for essentially all fixed wiring work, including adding a light fixture or outlet, running new wiring, replacing a service panel, changing a fuse box to circuit breakers, and installing or modifying low-voltage systems such as security alarms, stereo, computer, and phone systems. | |
| Eugene | Permit required | Eugene runs its own electrical inspection program and issues electrical permits directly through eBuild, so there is no handoff to the state or to the local utility for permitting. |
Plumbing
1 of 2 makes the plumbing answer turn on a size or scope condition the jurisdiction publishes. Eugene requires a permit for plumbing work regardless of size.
| Jurisdiction | Permit | Published figure | What the rule says |
|---|---|---|---|
| Portland | Depends | Portland requires a residential plumbing permit for nearly all pipe and fixture work, including repairing, replacing, or moving any plumbing pipes, installing or replacing fixtures such as toilets, sinks, showers, tubs, and dishwashers, replacing a water heater, and installing or capping a sewer line. | |
| Eugene | Permit required | Eugene issues plumbing permits directly through eBuild and states that a separate plumbing permit is required even for work exempt from a building permit. |
If the work is already built
Oregon caps the penalty for building without a permit in state statute rather than leaving the number to each city. Under ORS 455.895(2), the Department of Consumer and Business Services or the relevant advisory board may impose a civil penalty on any person who violates the state building code of up to $5,000 for each offense, or up to $1,000 for each day of a continuing offense.
Oregon penalties, the after-the-fact path, and what the statute actually says
The 20 answered rules come from 9 official sources, each linked from the permit page behind every jurisdiction name. See the full picture for the state on the Oregon permit requirements page, or the national view of which projects need a permit at all on Do you need a building permit?
This page compiles what each Oregon jurisdiction publishes, with a last checked date. It is not legal advice, and a project that is exempt from a building permit can still need zoning approval or a trade permit. Confirm with the office linked from the jurisdiction's page before you build.