This page provides examples of right-of-way use permit policies, procedures, and regulations for local governments in Washington State.

Overview

Several different terms are used to describe right-of-way use permits and the many activities that are regulated. For the purposes of this page, the term "right-of-way use permit" will be used generically. Other terms that are found in the sample codes and ordinances include "street use permit," "excavation permit," "special events permit," and "construction permit."

Some cities have developed comprehensive right-of-way use codes covering all uses, while others have code sections for each type of use. The following can be included in a right-of-way use permit ordinance:

• Special events permit (not necessarily in right-of-way)
• Right-of-way use permit
• Accommodation of utilities in terms of standard locations, franchises (and fees), conditions of use, etc.
• Construction or activities on private property that impact a street or road in terms of traffic volume or functionality
• Construction and/or excavation in right-of-way including standards for pavement restoration, compaction, etc.
• Short term non-construction uses (parades, processions, street fairs, etc.)
• Longer term non-construction uses (seasonal sidewalk cafés, mobile vendor stands, etc.)
• Long term non-construction uses or leases (permanent sidewalk cafés, newsstands, newspaper racks, obstructions, etc.)

Sample Right-of-Way Use Regulations

• 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 Municipal Code:
  • Ch. 12.38 – Right-of-Way
  • Ch. 12.44 – Excavations
• Duvall Municipal Code Ch. 8.04 – Public Improvement Development Standards
• Edmonds Municipal Code Ch. 18.70 – Street Use and Encroachment Permits
• Gig Harbor Municipal Code Ch. 12.02 – Encroachment Permits
• Issaquah Municipal Code Ch. 12.12 – Excavations
• Kent Municipal Code Ch. 6.07 – Street Use Permit
• King County Code Ch. 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
• SeaTac Municipal Code Ch. 11.10 – Right-of-Way Use Code
• Woodinville Municipal Code Ch. 15.42 – Fees for Work in Public/Private Rights-of-Way
• San Juan County Code Ch. 12.04 – County Road Excavations
• Tacoma Municipal Code:
  • Ch. 10.22 – Rights-of-Way 
  • Ch. 10.24 – Streets - Installation of Utilities

Right-of-Way Manuals

• Pierce County Manual on Accommodating Utilities in Pierce County Right-of-Ways 
• Seattle Right-of-Way Improvements Manual
• Tacoma Traffic Control Handbook – Intended for use by any person, firm or corporation, public or private, when involved in construction, maintenance or any activity that alters the normal flow of traffic, vehicular or pedestrian, on any city right-of-way

Lane Rental Fee

• WSDOT: Lane Rental - Alternative Project Delivery
• Transportation Research Board: Reducing and Mitigating Impacts of Lane Occupancy During Construction and Maintenance: A Synthesis of Highway Practice, National Cooperative Highway Research Program, Synthesis No. 293 (2000)

Street Cut Mitigation

• Chelan Municipal Code Ch. 12.20 – Public Right-of-Way Excavations - Prohibits excavation work on disturbed surfaces that have been installed or completely resurfaced within three-year period
• Duvall Municipal Code Sec. 8.04.050 – Street Use Permit - Charges 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
• Pierce County Manual for Accommodation of Utilities in the Rights-of-Way, 5th ed.
• Seattle SDOT Street Use Franchise and Utility Permits Web Page

Sample Applications and Information

• Bellevue Right-of-Way Use Application
• Burien Right-of-Way Use Permit Application
• DuPont Right-of-Way Permit Application
• Federal Way Right-of-Way Permits
• Hunts Point Right-of Way Use Application – Items 14 & 15 - Required for private improvements within public right-of-way including: landscaping, irrigation, and private communications underground wiring per HPMC 12.10.
• SeaTac Right-of-Way Permits

Recommended Resources

• Washington Utilities Coordinating Council: Call Before You Dig
  • Ch. 19.122 RCW - Underground Utilities
• American Public Works Association: Excavation in the Right of Way (1996), available through MRSC Library Loan
• Federal Highway Administration; Highway/Utility Guide (1993)
• Seattle Department of Transportation: Private Property and Public Right of Way