Right-of-Way Use Permits
This page provides examples of right-of-way use permit policies, procedures, and regulations for local governments in Washington State.
New legislation: Effective July 27, 2025:
- SB 5627 modifies several requirements in the Underground Utility Damage Prevention Act (Damage Prevention Act) relating to notice before excavation, duties before and during excavation, and duties when excavation causes damage to certain underground infrastructure. Requires a one-number locator service to maintain a web-based platform providing the same services as the toll-free telephone number. Modifies civil and criminal penalties in the Damage Prevention Act.
We will update this page to reflect the new legislation soon.
Overview
Several different terms are used to describe permits that are regulated in public rights-of-way. For the purposes of this page, the term "right-of-way use permit" will be used generically. Other terms that are found on this page and in the sample codes and ordinances can include "street use permit," "excavation permit," "special events permit," and "construction permit."
Some cities have developed comprehensive right-of-way use codes covering several uses, while others have code sections for certain uses in or that impact the right-of-way. Right-of-way permit ordinances typically include one or more of the following types of activities and uses:
- Special events, such as parades, street fairs, and block parties
- Commercial uses, such as sidewalk dining, streateries, parklets, mobile vendor stands, pop-up vendors, and newsstands
- Street furniture, like benches or bicycle parking
- Construction and/or excavation in the public right-of-way
- Construction or activities on private property that impact the public right-of-way
Examples of Codes That Broadly Regulate Right-of-Way Use
These codes address a multitude of uses for the public right-of-way and may include excavation, street furniture, construction, special events, or expressive free speech.
- Bellevue Municipal Code Ch. 14.30 — Right-of-Way Use Code
- Bonney Lake Municipal Code Ch. 12.08 — Work Within the Public Right-of-Way
- Burien Municipal Code Ch. 12.17 — Right-of-Way Use Code - General Provisions
- Cheney
- Duvall Municipal Code Ch. 8.04 — Public Improvement Development Standards
- Gig Harbor Municipal Code Ch. 12.02 — Encroachment Permits
- Issaquah Municipal Code Ch. 12.12 — Excavations
- Kent Municipal Code Ch. 6.07 — Street Use Permits
- King County Code Title 14.28 — Rights-of-Way
- Longview Municipal Code Ch. 12.30 — Use and Occupancy of Rights-of-Way
- Poulsbo Municipal Code Ch. 12.08 — Public Property Construction
- San Juan County Code Ch. 12.04 — County Road Excavations
- SeaTac Municipal Code Ch. 11.10 — Right-of-Way Use Code
- Tacoma
- Woodinville Municipal Code Ch. 15.42 — Fees for Work in Public/Private Rights-of-Way
Right-of-Way Use for Commercial Purposes
Use of the public right-of-way on a temporary basis for outdoor dining and/or the vending of commercial goods gained prominence during the COVID-19 pandemic, in part to provide options for the food and retail industry, which were facing a dramatic loss of in-house business due to COVID-related indoor occupancy limitations. For many communities, this expansion was welcomed even after the state rescinded indoor occupancy limitations, so local development standards were modified to allow both temporary and long-term commercial uses in the right-of-way.
Below is a compilation of local codes, ordinances, permit applications, and other materials from local governments that have a formalized approach to commercial use of the public right-of-way.
- Bellingham
- Bellingham Municipal Code Ch. 13.14 — Temporary Right-of-Way Use Permits. Establishes regulations and permit requirements for right-of-way uses other than transportation; also see the related Temporary Right-of-Way Use Permits handout.
- Guide for Commercial Right-of-Way Use Permits (2025)
- Outdoor Dining Structures - Streateries — Describes the city’s commercial right-of-way use program
- Ord. No. 2019-05-012 (2019) — Repeals various sections of municipal code and adds a chapter on temporary right-of-way use permits for additional uses, such as sidewalk cafes, food trucks, parklets, and encroachments associated with work on adjacent properties, such as scaffolding, staging, and dumpsters.
- Edmonds Municipal Code Sec. 18.70.030(C)(2) — Exclusive Sidewalk Dining
- Ellensburg Municipal Code Ch. 4.14A — Streateries, Parklets, and Sidewalk Cafes
- Issaquah Res. No. 2023-10 (2023) — Requires special use permit for use of right-of-way; exceptions are sidewalk cafes and parklets in the Historic Olde Town District, which are recognized as a special street occupancy with no associated right-of-way use fees.
- Kent
- Longview Municipal Code Sec. 12.30.090 — Use of sidewalk areas for the display and sale of goods and merchandise, and for outdoor cafe purposes
- Seattle
- Parklet Permits — Allows user to convert a few on-street parking spots into a parklet for public use; free and renewable annually
- Applicant Guide 1087: Parklets — Takes applicants through the process of applying for a parklet permit
- Spokane
- Municipal Code Ch. 10.55 — Parklets and Streateries
- Parklets
- Wenatchee
- Ord. No. 2020-22 (2020) — Creates regulations and permit requirements for use of right-of-way for sidewalk cafes, storefront enhancements, parklets, streateries, and pop-up shops
- Outdoor Dining
- Sidewalk Café Permit Application (2022)
- Vancouver
- Sidewalk Café/Outdoor Seating and Related Programs
- Street Eats Standards (2021) — Covers design standards for sidewalk cafes, parklets and streateries
Examples of Right-of-Way Manuals
- Pierce County Accommodating Utilities Manual
- Seattle Streets Illustrated/Right-of-Way Improvements Manual
- Tacoma Traffic Control Handbook (2021)
Examples of Street Cut Mitigation
- Chelan Municipal Code Sec. 12.20.50 — Public Right-of-Way Excavations. Prohibits excavation work on disturbed surfaces that have been installed or completely resurfaced within a three-year period
- Duvall Municipal Code Sec. 8.04.050 — Street Use Permit. Requires additional fees based on when pavement was last cut
- Maple Valley Municipal Code Sec. 12.05.050 — Street Excavations. Prohibits excavation in city streets within five years of street paving
Examples of Applications and Information
- Bellevue
- Burien Right-of-Way Use Permit Application
- Federal Way Right of Way Permits
- SeaTac Right-of-Way Permits
Recommended Resources
- MRSC
- Americans with Disabilities Act (ADA)
- Easements
- Recent blogs about streets and sidewalks — Blogs are written by MRSC staff and contributors
- Special Events Permits
- Street and Road Vacation Procedures
- Pacific ADA Center: Accessibility of Sidewalk Dining, Retail, and Community Spaces (2022) — Reviews Americans with Disabilities Act (ADA) requirements for new construction and existing facilities
- Washington Utilities Coordinating Council Call Before You Dig
