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.
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.)
Examples of 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:
- 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:
Examples of Right-of-Way Manuals
- Pierce County Manual on Accommodating Utilities in Pierce County Right-of-Ways (2021)
- Seattle Streets Illustrated/Right-of-Way Improvements Manual – Provides option to search the manual online or navigate and print the manual
- Tacoma Traffic Control Handbook (2021) – 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
Examples of Lane Rental Fees
- 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)
Examples of 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 on Accommodating Utilities in Pierce County Rights-of-Way (2021)
Examples of 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.
- SeaTac Right-of-Way Permits
Recommended Resources
Last Modified: August 03, 2023
