Oregon Revised Statutes

Or. Rev. Stat. § 368.016 (2026)

County authority over roads; limitations

✓ current as of May 2026

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368.016 County authority over roads; limitations. (1) Except as provided in this section or as otherwise specifically provided by law, the exercise of governmental powers relating to a road within a county is a matter of county concern.

(2) A county governing body:

(a) Does not have jurisdiction over any public road that is a state highway.

(b) Shall only take action involving a local access road within a city if the city governing body consents to the action.

(3) Any road that has a classification as a county road on November 1, 1981, shall retain that classification unless the classification is changed under ORS 368.026 or as otherwise provided by law.

(4) A county governing body may seek assistance from the Department of Transportation as provided under ORS 366.155. [1981 c.153 §4; 1993 c.741 §44]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1992–2021 · leading case: Stedman v. Dept. of Forestry, 502 P.3d 234 (Or. Ct. App. 2021).

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Stedman v. Dept. of Forestry, 502 P.3d 234 (Or. Ct. App. 2021). “of Forestry (state highway system); ORS 368.016 (county authority over roads).”

Pengilly v. Multnomah Cnty., 810 F. Supp. 1111 (D. Or. 1992). “Because McNamee Road became a county road prior to 1951, ORS 368.016 does not apply to it. County policy nonetheless requires that when new residences are permitted on McNamee Road, the owner dedicate such land adjacent to the road as is needed to bring it up to standard width.”

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