skip navigation
MRSC logo

Have a Research Question?

Ask MRSC

Have a Research Question?

Ask MRSC

Sidewalk Construction, Maintenance, and Repair

This page provides information on sidewalk construction, maintenance, and funding for Washington local governments, including key statutes, liability, accessibility, sustainability, public use, engagement, and local examples.

Overview

The construction, maintenance, and repair of sidewalks are important aspects of urban planning, contributing to public safety, accessibility, and community engagement. Various state statutes provide the legal framework for sidewalk responsibilities, including maintenance obligations for cities and counties. Local ordinances help define which entities or individuals are responsible for sidewalk upkeep, detailing everything from construction standards to repair programs.

Sidewalk Development

Washington State law grants cities, towns, and counties authority to construct sidewalks through several statutes, including:

  • Ch. 35.68 RCW – Allows all cities and towns to construct sidewalks, curbs, gutters, and driveways and to assess the costs of these improvements to abutting property owners. Also includes provisions requiring curb ramps for people with disabilities at intersections.
  • Ch. 35.69 RCW – Addresses sidewalk construction and reconstruction in first and second-class cities, outlining notification procedures and cost assessments for abutting property owners.
  • Ch. 35.70 RCW – Extends similar construction authority as provided in chapter 35.69 RCW to second-class cities and towns.
  • RCW 35A.47.020 – Addresses code city streets that are part of the highway system, applying requirements in Title 47 RCW and chapters 35.68 through 35.70 RCW.  
  • RCW 36.75.240 – Authorizes counties to use road funds for the construction of sidewalks, bicycle paths, and other pedestrian infrastructure.

In developing sidewalks, public consultation is important, especially in cities where residents have expressed the need for better quality sidewalks. This can involve surveys or public meetings to understand community preferences.

For ideas about soliciting public engagement and comment, see MRSC’s Community Engagement Resources page.

Sustainability

Sustainability in sidewalk development may refer both to the environmental impact of building sidewalks, as well as promoting pedestrian travel to reduce vehicle use. City and county plans can provide important guidance for developing sidewalks to align with sustainability objectives.

Sidewalks and pavement play a role in stormwater runoff and pollution. Permeable pavement may be part of a jurisdiction’s larger sustainability or climate action plan, as part of a stormwater management plan, and/or implemented in municipal code. See Mill Creek municipal code chapter 16.02 and Normandy Park municipal code chapter 10.12 codes for examples of permeable pavement requirements.

Similarly, urban forest plans and programs may also play a role in sidewalk sustainability, by reducing the potential damage to sidewalks from street tree roots while still addressing issues like the urban heat island effect and stormwater management. For more information on these topics, see MRSC's Climate Action Plans and Urban Forestry pages and the “Examples of Residential Stormwater Management Techniques” section on the Storm and Surface Water Drainage Utilities page. 

In providing alternative non-vehicle transportation options, jurisdictions can implement broader programs for sidewalk development. “Complete Streets” programs focus on all users of a street network. For more information and examples of how sidewalks are incorporated into Complete Streets policies, see the "Nationally Recognized Complete Streets Program Examples" on MRSC's Complete Streets page.

Similarly, multimodal/active/non-motorized transportation plans can guide sidewalk development and policies to steward development in conjunction with other forms of transport.

For more, see Transportation Options on the MRSC Transportation Planning page.

Creating Sidewalk Development Codes

Sidewalks are typically part of the public right-of-way, which gives the public a legal right to travel over land that may still be privately owned. In most cases, cities and counties do not own the land beneath the sidewalk but have easements for public use, while abutting property owners own the land up to the centerline of the street.

Local governments often obtain right-of-way easements during the land use permitting process, such as when a new subdivision is approved. These easements may also be granted voluntarily, purchased, or acquired by long-term public use. A right-of-way easement can only be removed through a formal street or road vacation process.

For more information on rights-of-way, see MRSC’s page on Easements.

Cities and towns have statutory authority to establish sidewalk development standards and assign responsibilities. See MRSC’s page on City Street and Road Standards for more information.

Related Statutes

  • RCW 35.70.020 – Owners' responsibility in second-class cities and towns.
  • RCW 35.69.040 – Defines abutting property in first and second-class cities.
  • RCW 82.02.020 – Fees must be reasonably necessary as a direct result of the proposed development.

Examples of Sidewalk Development Codes and Programs

  • Airway Heights Municipal Code Ch. 12.12 – Requires sidewalks to be built to city standards during property development, and property owners must keep sidewalks clear, safe, and repair any damage they cause.
  • Carnation Municipal Code Sec. 15.56.010 -.040 – Sidewalks must be built on both sides of streets in subdivisions (and may be required in short plats), connect to existing sidewalks, and meet city design and ADA standards.
  • Lake Stevens Municipal Code Ch. 14.56 – Requires sidewalks to be built according to city standards, connect homes to streets and key areas, be wide enough for safe use, and be properly maintained for pedestrian safety and accessibility.
  • Longview Municipal Code Ch. 12.28 – Abutting property owners in Longview must obtain a permit and construct, repair, or maintain sidewalks according to city standards.
  • Quincy Municipal Code Ch. 12.04 – Requires sidewalks to follow city design and ADA standards, use approved materials, and have a permit before construction. Sidewalks must have a textured surface that improves traction and reduces slipping.
  • Walla Walla Municipal Code Secs. 12.04.020-.040 – Sidewalks must be built on both sides of streets in subdivisions (unless waived) and follow the city’s design and construction standards.

Safety and Accessibility 

Sidewalk development plays a key role in ensuring pedestrian safety. State law defines how sidewalks should be constructed and repaired to prevent injury, especially regarding Americans with Disabilities Act (ADA) compliance. RCW 35.68.075 applies to all cities or towns, requiring curb ramps to meet ADA standards for new construction and replacement curbs.

The U.S. Access Board requires that non-residential on-street parking include designated accessible spaces that allow safe sidewalk access without entering a travel lane. These should be located near crosswalks with curb ramps.

Even without finalized standards, cities face risk management concerns if accessible spots do not provide safe, ADA-compliant sidewalk access. For more information and examples, see the section titled “Sidewalk Accessibility Under the ADA” on MRSC’s Americans with Disabilities Act (ADA) page.

Examples of maintenance required to maintain sidewalk safety and accessibility can be found in the “Sidewalk Maintenance and Repair” section of this page.

Examples of Safety and Accessibility Codes and Guidelines 

  • SeaTac ADA Transition Plan – Guides sidewalk improvements by identifying accessibility problems and requiring that all new or fixed sidewalks follow ADA rules. Projects must meet these standards to get city approval.
  • Snohomish Accessibility and Right-of-Way – Guidelines focus on keeping sidewalks accessible by removing barriers and requiring property owners to keep walkways clear of obstructions. Also requires permits for sidewalk use blocking pedestrian access.
  • Tacoma Sidewalk Program – Holds property owners responsible for sidewalk maintenance, identifies hazards, and enforces repairs, especially after complaints. Also integrates ADA upgrades into city planning projects.

Sidewalk Maintenance and Repair

Many local jurisdictions require abutting property owners to maintain sidewalks. These include keeping sidewalks clear for safe pedestrian use. Common sidewalk obstructions include:

  • Overgrown vegetation – RCW 35.21.310 allows cities or towns to require property owners to remove trees or shrubs that block or overhang sidewalks. Local nuisance codes often go further, defining additional sidewalk hazards and access barriers. MRSC’s page Urban Forestry provides more information about street trees, roots, and sidewalks.
  • Snow and ice – Removal from sidewalks often falls to property owners, and many municipalities enforce sidewalk-clearing requirements. For more information, see MRSC’s page Snow and Ice Removal Policies.
  • Accumulated garbage or yard waste
  • Unpermitted signs
  • Shopping carts, construction materials, or merchandise from abutting businesses

If property owners fail to remove sidewalk hazards that then harm pedestrians, they may be liable. See Stone v. City of Seattle (1964).

However, local jurisdictions have a responsibility to maintain safe sidewalks, by performing regular inspections, issuing ordinance violations, installing barriers, and order repairs.

Specifically, according to Rivett v. Tacoma (1994), cities cannot transfer liability for sidewalk defects to abutting property owners. If a municipality is put on notice of a sidewalk hazard and has a reasonable opportunity to correct it, it may be liable for resulting injuries.

While MRSC does not provide specific liability advice, general best practices include:

  • Developing a documented maintenance plan
  • Conducting routine inspections
  • Responding promptly to hazard reports
  • Using warning signs or barriers

The authority to order sidewalk repairs is detailed in chapter 35.68 RCW (all cities and towns) and chapter 35.69 RCW (first and second-class cities). Specifically, RCW 35.69.030 outlines procedures for notifying property owners, assessing costs, and collections. RCW 35.69.020 sets limits on assessments to abutting properties and provides exemptions for deterioration that is the result of the city.

Examples of Sidewalk Maintenance and Repair Codes and Ordinances

  • Edmonds City Code Sec. 9.20.010-.050 – Property owners are responsible for maintaining sidewalks adjacent to their property, including removing snow and ice and repairing defects. If sidewalks are not maintained, the city can make repairs and bill the property owner.
  • Port Orchard Municipal Code Ch. 12.12 – Sidewalk Maintenance; defective or unsafe sidewalks are prohibited, and property owners must obtain a permit and city approval before repairing, maintaining, relocating, or altering sidewalks.
  • Prosser Municipal Code Ch. 12.16 – Obstructing Streets and Sidewalks; requires sidewalks to remain clear of unauthorized objects to ensure safe passage. Permits are needed for certain uses like sidewalk cafés, and violations can lead to fines or removal of items.  
  • Renton Municipal Code Ch. 9-8 – Sidewalk Maintenance and Construction; property owners whose land borders a public sidewalk are responsible for maintaining the sidewalk’s safe condition.
  • Snohomish Municipal Code Secs. 12.20.010-.030 – Sidewalk Maintenance and Repair; property owners adjacent to sidewalks must maintain and repair them, with the city authorized to issue notices and enforce compliance.
  • Yakima Municipal Code Ch. 8.76 – Sidewalk Repair; abutting property owners must clean, maintain, repair, and reconstruct adjacent sidewalks and rights-of-way to ensure safe pedestrian passage.

Appropriate Uses of Sidewalks

Bicycle and Scooter Sidewalk Use

Sidewalk liability can also arise from conflicts between pedestrians and users of bicycles or scooters. RCW 46.61.261 allows bicycles to be operated on sidewalks unless restricted by local ordinance. Many cities impose additional conditions, such as speed limits, dismount zones, or full prohibitions in high-traffic areas.

Motorized scooters or electric-assisted bicycles may only be used on sidewalks if permitted by local ordinance or if necessary to remain on a bike or pedestrian path, per RCW 46.61.710. The law also allows local governments to set speed limits for sidewalks and trails, and to regulate shared scooter programs through insurance requirements, minimum rider ages, and local access rules.

Examples of Bicycle and Scooter Sidewalk Use Regulations

  • Bellevue Municipal Code Sec. 11.60.070 – Creates a detailed duty of care that cyclists must adhere to when riding on sidewalks.
  • Puyallup Municipal Code Sec. 10.60.130 – Prohibits riding on a sidewalk in a manner that is both negligent and does, or is likely to, endanger a person or property.
  • WAC 308-330-555 – Prohibits riding a bicycle upon a sidewalk in a business district and creates a duty to yield to pedestrians.
  • Yelm Municipal Code Ch. 12.16 – Sidewalk Construction; outlines a process where the city identifies and reports hazardous sidewalks to the council, which can then require repairs or construction. Costs for these improvements may be charged to property owners, and unpaid assessments can become liens on the property.

Crowds, Camping, and Personal Property

Cities and towns may regulate sidewalk use to maintain pedestrian access and public safety. Local governments can adopt ordinances to prevent obstruction by individuals, personal belongings, or crowds.

For examples of these ordinances, see the MRSC pages Nuisances on Public Property and Regulation of Unauthorized Camping, Loitering, and Solicitation of Aid.

Funding Options

Local jurisdictions use various mechanisms to fund sidewalk repair and development. Chapters 35.68 and 35.69 RCW restrict how cities and towns can assess costs to property owners for sidewalk construction and repair, and may require abutting property owners to construct improvements at the owner’s full or partial expense.

The most commonly-used options for sidewalk repair and development include:

  • Using general funds
  • Requiring property owners to perform repairs
  • Assessing abutting owners for specific projects

Limits on sidewalk repair and development include:

  • Assessments cannot exceed 50% of property value
  • Cities cannot charge for damage caused by their own inaction
  • Project-specific assessments as required by RCW 35.68.020
  • Sidewalk construction funds for specific projects as allowed by RCW 35.68.040

Some cities implement covenants to ensure future sidewalk improvements, though legal guidance may be needed on releasing those covenants when improvements are completed. Others explore fee-in-lieu programs, where developers pay into a sidewalk fund instead of installing disconnected sidewalk segments.

However, charging a general population (e.g., all stormwater utility users) may be considered an unauthorized tax unless structured carefully.

Additional Transportation Planning-Related Funding Options

Examples of Sidewalk Funding Programs by Local Governments

  • Ellensburg Capital Facility & Improvement Programs – Indicates that the city's sidewalk fund supports both public and residential sidewalks. In 2021 and 2022, the city allocated $160,000 per year specifically for residential sidewalk repair.
  • Olympia Sidewalks – Funds new sidewalks using 1% of its utility tax, which goes into a capital fund dedicated to sidewalks and pathways.
  • Seattle Development Program – Funds sidewalk maintenance and improvement projects. Repairs approximately 25 blocks per year out of 11,000 total blocks.
  • Sumner Sidewalk Improvement Project – Fund for both public and residential sidewalk improvements. $40,000 was allocated in 2025 and 2026 for the city’s Help Homeowners Sidewalk Program.

Recommended Resources


Last Modified: August 22, 2025