Lynnwood's Sidewalk & Pedestrian Rules: The Rules That Matter

Every city handles sidewalk & pedestrian rules a little differently. In Lynnwood, Washington, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Obstruction Rules

Lynnwood Municipal Code § 10.08.200 declares two kinds of sidewalk and right-of-way encroachment a public nuisance: unauthorized obstructions or excavations in streets and rights-of-way, and vegetation overhanging a sidewalk, street or alley in a way that creates a sight-distance hazard or impairs its full use. The city can order abatement and, on a property owner's failure to comply, remove the obstruction and bill the cost.

Key details: Governing section: LMC 10.08.200(B)(7) and (B)(12)(a). Covers: Unpermitted obstructions and overhanging vegetation. Notice required: 10 days written notice before abatement. Enforced by: Police chief, fire marshal, or development director. Penalty: Misdemeanor, up to $300 fine (LMC 10.08.070).

Maintaining a nuisance obstruction or overhanging encroachment under LMC 10.08.200 is a misdemeanor under LMC 10.08.070, punishable by up to a $300 fine, 90 days in jail, or both. Beyond the criminal penalty, the city can order abatement under LMC 10.08.220 after 10 days' written notice, and if the owner does not comply, the city may abate the encroachment itself and assess the cost under LMC 10.08.260.

Encroachment Permits

Lynnwood requires a right-of-way invasion permit before anyone excavates, builds in, or otherwise disturbs city right-of-way, including sidewalks and planting strips. The public works department issues permits, sets a 90-day validity window, and can require a security deposit before work begins.

Key details: Permit needed for: any excavation or right-of-way invasion. Permit validity: 90 days, one 60-day extension. Security deposit: 150% of cost or $2,500, greater. Maximum fine: $300.00 per offense. Max jail term: 90 days.

Anyone who willfully violates Chapter 12.04, including working in the right-of-way without the required permit, faces a misdemeanor charge: a fine up to $300.00, up to 90 days in the city jail, or both. Each day the violation continues can be charged as a separate offense, and the director may issue an immediate stop-work order for noncompliance with the chapter or the permit.

Sidewalk Repair

Lynnwood assigns day-to-day sidewalk maintenance to the abutting property owner, and it phases in who pays for reconstruction based on the sidewalk's age: free within five years of city construction, split 50/50 between five and ten years, and fully owner-funded after ten years.

Key details: Day-to-day duty: abutting property owner. 0-5 years after construction: city pays full cost. 5-10 years after construction: 50/50 city and owner. 10+ years after construction: owner pays full cost. Owner-caused damage: owner pays regardless of age.

An owner who fails to maintain, repair, or reconstruct an adjacent sidewalk as required is deemed to have created a public nuisance under LMC 12.12.090, exposing them to a fine of up to $250.00 per offense if not corrected within 45 days of notice. Where the city itself performs the repair after notice goes unanswered, it can file a lien against the property for its full costs plus attorneys' fees under LMC 12.12.080.

The Bottom Line

Lynnwood's sidewalk & pedestrian rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Lynnwood is broadly strict or permissive.

Keep in mind that Lynnwood can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.