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

Except as provided in subsection (B) of this section, a temporary right-of-way use permit is required for any temporary use of a right-of-way that interferes with the free use, by the public, of such right-of-way. Such a permit is required for improved and unimproved rights-of-way.

B. Exemptions. The requirements of this chapter do not apply to the following:

1. Activities permitted under other chapters of the Bellingham Municipal Code, including Chapters 6.10 (Ambulances), 6.17 (Cable Television), 6.54 (Taxicabs and For-Hire Vehicles), 13.12 (Street Obstruction Permits), 13.13 (Special Events), 13.15 (Utilities and Telecommunications Franchises) 13.16 (Small Cell Permits), and 13.40 (Street Trees and Other Vegetation) BMC;

2. Displays of merchandise and portable advertising signs, placed by an abutting business, conforming with applicable city codes and policies;

3. Trash receptacles or street furniture placed by the city or by an abutting business or property owner, conforming with applicable city codes and policies;

4. Persons selling produce and other food products produced by themselves, as exempted by RCW 36.71.090;

5. Placement of newsracks in the right-of-way in designated locations;

6. Those uses which the director determines will have little or no impact on the right-of-way or adjacent properties such that the effort and expense associated with permitting are not warranted. [Ord. 2019-05-012 § 3].