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Auburn, WA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permit required for
Any private use of public right-of-way
Permit types
A (banner), B (short-term), C (long-term), D (hauling)
Type A duration
14 days or less
Type C duration
30 days to 5 years
Application fee
Nonrefundable, per city fee schedule

Summary

Auburn requires a right-of-way use permit under ACC 12.60.010 before anyone makes private use of a public sidewalk, street or landscape strip. Four permit types cover banners, short- and long-term encroachments, and hauling, each with its own application fee.

It shall be unlawful for anyone to make private use of any public right-of-way without a right-of-way use permit issued by the city, or to use any public right-of-way without complying with all provisions of a permit issued by the city, unless such private use falls within the designated exceptions set forth in this chapter.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 7023, passed July 6, 2026).

Full Breakdown

010 states it shall be unlawful for anyone to make private use of any public right-of-way without a right-of-way use permit issued by the city, or to use a right-of-way without complying with the permit's provisions, unless the use falls within a designated exception. 015 defines right-of-way broadly to include streets, alleys, sidewalks and landscape (parking) strips dedicated to the city, and defines private use as any benefit to a person or entity other than as a public thoroughfare. 025 sets up four permit types: Type A, a banner permit for 14 days or less; Type B, a short-term permit for uses under 30 days such as sidewalk sales, block parties or right-of-way dumpster placement; Type C, a long-term permit for 30 days to five years, covering sidewalk cafes, awnings, fences, vending units and similar surface or nonsurface encroachments; and Type D, a hauling permit for oversize or overweight loads.

020 requires a nonrefundable application fee set by the city's fee schedule, plus insurance, bonding and indemnification as conditions of approval, and deems an application abandoned after 180 days of applicant inaction. 070 caps most permit terms at five years absent full council approval, allows a single 30-day extension, and makes clear a permit vests no permanent rights and cannot be transferred to another location or applicant without city approval. 080 lets the city order correction or discontinuance of an unpermitted or noncompliant right-of-way condition, treats any unpermitted object in the right-of-way as a nuisance subject to removal after 24 hours' notice, and can lien the removal cost against the abutting property.

Violations & Fines

Making private use of a public right-of-way without a permit violates ACC 12.60.010, and the city can order correction or discontinuance under ACC 12.60.080, remove an unpermitted structure after a 10-day notice of violation, and lien the cost against the property. Unpermitted objects left in the right-of-way are declared a nuisance and may be removed after 24 hours' notice.

Frequently Asked Questions

Do I need a permit to put a sidewalk cafe outside my Auburn restaurant?
Yes. Sidewalk cafes and outdoor seating fall under the Type C long-term right-of-way use permit in ACC 12.60.050, covering uses of 30 days to five years, and require the nonrefundable application fee set by the city's fee schedule.
How long can I display a banner over the street in Auburn?
Under ACC 12.60.030, a Type A street banner permit is limited to 14 days or less, and only Auburn-based nonprofit or government co-sponsors of a community event, meeting several nondiscrimination and nonpolitical criteria, may apply.
What happens if I leave a dumpster in the right-of-way without a permit?
ACC 12.60.080 treats any unpermitted object in the right-of-way as a nuisance; the city can attach a removal notice giving 24 hours before taking the object into custody at the owner's expense, or remove it immediately if it is a safety hazard.

Sources & Official References

Other rules in Auburn

All Auburn rules

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