Frequently Asked Questions

A boundary dispute involves disagreement over where property lines are located, while an easement dispute concerns the right to use a portion of another person's property for a specific purpose. Boundary disputes often stem from unclear surveys or conflicting deeds, whereas easement disputes typically involve access rights, utilities, or shared driveways.

You should challenge a zoning violation notice immediately if you believe the violation is incorrect, if the zoning code was misapplied, or if you have legal nonconforming use rights. Timely response is critical, as missed deadlines can result in fines or enforcement actions. At Law Office of Frank Hammond LLC, we handle violation defense and help property owners protect their rights.

A conditional use permit allows a property use that isn't automatically permitted under current zoning, subject to specific conditions that mitigate potential impacts on surrounding properties. Standard zoning permits approve uses already allowed by the zone. Conditional use permits often require public hearings and detailed site plans to address community concerns.

Land use permits are frequently denied due to noncompliance with zoning codes, insufficient environmental impact assessments, conflicts with comprehensive plans, or neighbor objections. Incomplete applications and failure to address traffic, drainage, or public safety concerns also lead to denials. Thorough preparation and documentation significantly improve approval odds.

Yes, you can appeal a permit denial through administrative or judicial review processes, depending on the jurisdiction and type of permit. Appeals must be filed within strict deadlines and require demonstrating legal or procedural errors in the decision. At Law Office of Frank Hammond LLC, we have nearly 35 years of experience representing clients in land permit appeals.

Clean Water Act compliance typically requires businesses to obtain discharge permits, monitor water quality, implement stormwater management plans, and report violations. In Oregon, state regulations administered by DEQ often impose additional requirements beyond federal standards. Proactive compliance helps businesses avoid costly enforcement actions and penalties.

Toxic tort claims involve personal injury or property damage caused by exposure to hazardous substances, requiring proof of causation and harm to individuals. Standard pollution cases focus on regulatory violations and environmental damage without necessarily proving individual injury. Toxic tort litigation often involves complex scientific evidence and multiple parties.

Defending against DEQ enforcement requires reviewing the alleged violations, assessing regulatory compliance history, and developing legal arguments or mitigation strategies. Responses may include negotiating consent orders, contesting findings through administrative hearings, or demonstrating corrective actions. Early legal involvement can reduce penalties and protect business operations.

Yes, underground storage tanks in Oregon require registration, permits, and compliance with state and federal regulations covering installation, operation, leak detection, and closure. Tank owners must demonstrate financial responsibility for potential contamination and conduct regular inspections. DEQ oversees these requirements to prevent groundwater contamination.

Subdivision approval timelines depend on project complexity, environmental assessments, infrastructure requirements, public comment periods, and local government processing speeds. Projects requiring zone changes, wetland permits, or traffic studies take longer. In Portland and surrounding areas, thorough site planning and early engagement with planning departments can streamline approval.

Portland's wet climate and high rainfall create strict stormwater management requirements to prevent runoff pollution and protect local waterways. Development projects typically need green infrastructure, detention systems, and erosion controls that meet city and DEQ standards. These requirements are especially critical for projects near the Willamette River and Columbia River tributaries.

The biggest mistake is waiting until after a violation or enforcement action to seek legal guidance. Proactive compliance counseling helps businesses understand applicable regulations, implement proper procedures, and avoid costly penalties. At Law Office of Frank Hammond LLC, we help Oregon businesses navigate federal and state environmental rules before problems arise.