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

Bothell Municipal Code § 17.20.010 is the permit requirement, and the city's name for the encroachment permit is the public area use permit. Applications go to the director of public works on the department's format and must show that the applicant owns or is entitled to possess the property adjoining the public place, plus a full description of the use and its duration (BMC 17.20.030). The director or designee issues the permit if the relevant requirements are met.

BMC 17.20.040 lists the conditions. The use cannot protrude into or over any part of a public place open to vehicle or pedestrian travel in a way that endangers that travel. If the permit involves encroachment or partial obstruction of a sidewalk or other public walkway, a minimum of five feet of unobstructed sidewalk must be maintained at all times. Ongoing uses such as outdoor dining, the vending of mobility devices and merchant displays can get longer term permits, up to one year, renewable annually or for multiple years. The applicant must sign an indemnification agreement and authorize reasonable inspections, and the director can add other conditions, including design standards, which must be attached to the permit. BMC 17.20.080 also requires a certificate of general liability insurance naming the city as an additional insured for as long as the use of public space is in place.

BMC 17.20.020 exempts noncommercial uses in single-family residential zones that involve no buildings or other structures (fences excluded), city work, special events under Chapter 5.06 BMC, park uses under Chapter 8.60 BMC, construction under right-of-way invasion permits (Chapter 17.08 BMC), utility right-of-way permits (Chapter 17.24 BMC), and leases of city property. An exempt use vests no right and must be removed at the user's cost when the city orders it.