Whatcom County, WA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required
- Before any work in county ROW
- Issuing office
- Public Works / county engineer
- Max fine
- $500 per offense/day
- Permit lapses
- 180 days unused or abandoned
- Utility notice
- 24 hours before covering lines
- Violation class
- Misdemeanor
Summary
Whatcom County requires a revocable encroachment permit before anyone works within, occupies, or temporarily uses county road right-of-way. Public Works issues these permits under WCC 12.16, and working without one is a misdemeanor carrying up to a $500 fine per day of violation.
Any person or persons, corporation, district, municipality, city, town or utility who shall desire to work within or temporarily use the county right-of-way, easement or county-owned land shall first procure from the department of public works a revocable encroachment permit. The director of public works or the county engineer shall grant such permit subject upon the terms and conditions set forth herein. ... Any person or entity who enters upon any county right-of-way, easement or county property for the purpose of performing any work therein without first securing and holding a valid revocable encroachment permit required for such work is guilty of a misdemeanor and subject upon conviction to a fine of up to $500.00 for each offense ... Each day of violation shall constitute a separate offense.
Full Breakdown
Under WCC 12.16.020, any person, corporation, district, municipality, city, town or utility that wants to work within or temporarily use county right-of-way, an easement, or county-owned land must first get a revocable encroachment permit from the Public Works department; the director or county engineer grants it subject to the chapter's conditions. Applicants file a map or plan of the work, a description of its size and nature, a summary of its effects on safety and aesthetics, and a time estimate (WCC 12.16.040(A)). Work must follow county development standards and the submitted plans, and any street closure requires a traffic-control diagram before the permit issues; no permit may allow closing more than half of any road right-of-way, and any obstruction must stay at least three feet from a railroad track (WCC 12.16.040(C)).
Permits become null and void if work has not started within 180 days of approval, or if work is suspended or abandoned for 180 days, though the director may extend a permit up to 180 days for good cause (WCC 12.16.040(D)). The county engineer's office must get 24 hours' notice before underground utilities are covered, and again when work is complete (WCC 12.16.030(A)). The director or engineer may require a bond sufficient to secure completion and restoration before issuance (WCC 12.16.080). Emergency work affecting health or safety may proceed without a permit if the engineer or director is notified by the next working day, with a permit obtained the first working day after (WCC 12.16.070).
Fees are set in the Whatcom County Unified Fee Schedule and paid to Public Works for each calendar year or part thereof (WCC 12.16.090). A permit may be denied or revoked if the proposed use conflicts with the county's future need for the right-of-way, is unsafe, or is against the public interest (WCC 12.16.040(E)); revocation is by written notice, after which the permittee must remove the work at its own expense (WCC 12.16.050).
Violations & Fines
Working in county right-of-way without a valid revocable encroachment permit is a misdemeanor under WCC 12.16.100(A), punishable by a fine of up to $500 per offense, with each day of continued violation counted as a separate offense; anyone who directs or aids unpermitted work is equally liable. If the work is not removed and the property restored, the violator must still obtain a permit, but the fee is doubled (WCC 12.16.100(B)). Failing to remove work after revocation, or failing to correct defects cited in a written notice of correction, is a separate misdemeanor under WCC 12.16.110. If a permittee fails to correct a violation after notice, the county may remove and repair the work itself at the permittee's and owner's expense (WCC 12.16.060).
Frequently Asked Questions
Do I need a permit to dig in the county right-of-way in front of my property?
What happens if I work in the right-of-way without a permit?
Can I start emergency repair work before getting a permit?
How long is an encroachment permit valid before it expires?
Sources & Official References
Other rules in Whatcom County
Compare Whatcom County to another location·View the Washington sidewalk & pedestrian rules overview
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