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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.  


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.


Examples of Right-of-Way Manuals


Examples of Street Cut Mitigation


Examples of Applications and Information


Recommended Resources


Last Modified: July 21, 2025