Benton County, WA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- BCC 3.04.052
- Permit issuer
- Jurisdiction controlling the specific road
- Required before
- Building/placement permit issuance
- Final permit required before
- Certificate of Occupancy, BCC 3.04.053(b)
- First violation penalty
- Up to $500 civil penalty
Summary
Before Benton County will issue a building or placement permit, BCC 3.04.052 requires anyone constructing a road approach to first obtain a road encroachment permit from whichever jurisdiction, county, city or state controls the road or highway providing access to the parcel.
3.04.052 ROAD APPROACH. When required, permission to construct a road encroachment application shall be obtained from the jurisdiction in control of the road or highway providing access to the parcel prior to the issuance of a building or placement permit by the Benton County Building Department.
Full Breakdown
052, carried through Ord. 272 (1996), Ord. 303 (1997) and Ord. 602 (2018), makes permission to construct a road approach a precondition of county building permitting: when required, the applicant must obtain a road encroachment permit from the jurisdiction in control of the road or highway providing access to the parcel before the Benton County Building Department will issue a building or placement permit. 053(b) closes the loop at the back end of construction, requiring that the road encroachment be completed to the controlling jurisdiction's standards and that a final encroachment permit be issued before the county will issue a Certificate of Occupancy.
018 likewise lists 'Conditional Approval to Construct Road Approach on Public Road' as a required element whenever a road approach is needed to reach the parcel, meaning the applicant must show at least conditional encroachment approval before the building permit itself is complete. Because Benton County roads, state highways and city streets all fall under different road authorities depending on location, the applicant must identify which entity, the county Public Works department, WSDOT, or a city, actually controls the specific road before applying, since that agency, not the Benton County Building Department, issues the encroachment permit itself.
Violations & Fines
Building without the required conditional road-approach approval leaves a building permit application incomplete under BCC 3.04.018, and proceeding without a final encroachment permit blocks issuance of a Certificate of Occupancy under BCC 3.04.053(b). General violations of BCC Chapter 3.04 carry a civil penalty up to $500 for a first offense and misdemeanor exposure for repeat violations under BCC 3.04.065.
Frequently Asked Questions
Who issues a road encroachment permit in Benton County?
When do I need a road approach encroachment permit?
Does the encroachment permit need to be finalized before I can occupy the building?
Sources & Official References
Other rules in Benton County
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