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Lacey, WA Fire Regulations: Brush Clearance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Fire prong
Height or density that constitutes a fire hazard
Obstruction prong
Overhangs a sidewalk, street or abutting property
Clearance distance
None printed in § 9.52.010(F)
Criminal penalty
Misdemeanor after the correction date
Misdemeanor cap
$1,000 fine or ninety days, or both
Abatement bill due
Within ten calendar days
Emergency abatement
Summary, without prior notice (§ 14.40.060(B))

Summary

In the City of Lacey, Washington, Lacey Municipal Code § 9.52.010(F) makes dry grass, weeds, shrubs, trees or other vegetation a public nuisance when its height or density constitutes a fire hazard, or when it overhangs a sidewalk, street or abutting property and obstructs passage. The section prints no clearance distance in feet, and a missed correction date is a misdemeanor.

The following conditions, acts, omissions and activities are declared to be harmful to the health, safety, peace, comfort or welfare of the citizens of the city and to constitute public nuisances: ... F. The existence of dry grass, weeds, shrubs, trees or other vegetation on property which because of its height or density constitutes a fire hazard or which overhangs any sidewalk, street, or abutting property in such a manner to obstruct or impair the free and full passage along said sidewalk or street or the use of said abutting property;

Full Breakdown

Item F of the nuisance list in LMC 9.52.010 has two prongs. The first is dry grass, weeds, shrubs, trees or other vegetation on property which, because of its height or density, constitutes a fire hazard. The second is the same kind of growth overhanging any sidewalk, street, or abutting property in a way that obstructs or impairs free and full passage along the sidewalk or street, or the use of the abutting property. The test is the condition of the vegetation, not a fixed setback: the section prints no distance in feet and no calendar date for mowing.

Section 9.52.020 makes it unlawful to participate in, cause or maintain, or allow to exist on property owned or occupied by the person, any listed condition. For item F, the misdemeanor attaches to allowing the condition to exist after the date set for correction by a city enforcement officer pursuant to Chapter 14.40 LMC. Under § 9.52.050 these nuisance provisions are cumulative with other city ordinances and do not revoke any power of the city to require removal of nuisances.

Chapter 14.40 shapes what the owner sees. A Notice of Civil Violation must describe the violation, cite the Lacey provision, state the required corrective action with a date and time for completion, and give a hearing date at least ten days out. It is served personally or by mail, and when the person cannot be found within Thurston County after due diligence, by conspicuous posting on the property. No extension of the correction date is available except by order of the hearings examiner (§ 14.40.040(D)). Where a condition is an immediate and emergent threat to public health, safety, or welfare, § 14.40.060(B) lets the city abate it summarily and without prior notice. Abatement costs, including personnel costs, attorney's fees, and hauling, storage and disposal expenses, are billed to the responsible person or the owner, lessor or tenant, and are due within ten calendar days (§ 14.40.060(D)).

Violations & Fines

After the correction date, allowing a fire-hazard or obstructing growth to remain is a misdemeanor under § 9.52.020. Section 1.12.010 caps a misdemeanor at a fine of not more than $1,000 or ninety days, or both, and treats each day as a separate offense. The civil schedule in § 14.40.040(E) runs $100, $200, $300, $400, then $500 per day, plus abatement costs.

Frequently Asked Questions

Does Lacey set a number of feet for brush clearance?
Not in this section. LMC 9.52.010(F) turns on whether vegetation, because of its height or density, constitutes a fire hazard, or whether it overhangs a sidewalk, street or abutting property. A city enforcement officer applies that standard to the property and sets the date for correction.
Who is responsible for the vegetation in the City of Lacey?
Section 9.52.020 reaches any person who participates in, causes or maintains the condition, or allows it to exist on property that person owns or occupies. A tenant in possession and the owner can both be covered, because the duty follows ownership or occupancy.
What happens if the city cleans up the property itself?
Under § 14.40.060, the city can enter the property and remove or correct the condition after a failed agreement or hearing order, or summarily in an immediate and emergent threat. The costs, including incidental expenses such as personnel costs and disposal, are billed and due within ten calendar days.
Can the correction date be extended?
A Voluntary Correction Agreement deadline can be extended by the department director when the person shows due diligence or substantial progress and unforeseen circumstances make the original conditions unattainable (§ 14.40.030(C)(3)). After a Notice of Civil Violation, only the hearings examiner can extend the date (§ 14.40.040(D)).

Sources & Official References

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