Washoe County, NV Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing sections
- WCC 85.056(1)-(3), (5); 85.057(3)
- Application fee
- $25.00 plus NRS 247.305 recording fee
- Issuing office
- Public works engineering division
- Removal deadline after revocation
- 30 days
- Permit duration
- Perpetual until recorded revocation
- Emergency exception
- Notify sheriff, fire; permit next business day
Summary
Anyone who wants to build a driveway, fence, landscaping, or other structure inside a Washoe County road right-of-way must first get an encroachment permit from the engineering division of public works under WCC 85.056. The application costs a $25 service fee plus a state recording fee, and the county engineer can revoke the permit at any time, with 30 days for the owner to remove the encroachment.
An encroachment permit shall be secured from the engineering division of the department of public works before any person makes any obstacle or encroachment in the right-of-way of any public highway, road, street or alley within the unincorporated areas of the county...The application must be accompanied by a $25.00 service fee payable to the County of Washoe and by a recording fee for the permit in the amount specified in NRS 247.305 payable to the recorder of Washoe County...For purposes of this section, "obstacle or encroachment" means any object, materials or facilities not owned by the county that are placed within a right-of-way of the county for purposes of vehicular access or storage or for decorative improvements for front lots that are not a part of the highway or roadway facility. The term does not include vehicles parked in a lawful manner within a right-of-way....Except as provided in subsection 4, the owner of the property shall remove all obstacles or encroachments in the county's right-of-way within 30 days after the revocation of encroachment permit is recorded.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 20 Update 2).
Full Breakdown
056 requires an encroachment permit from the engineering division of the department of public works before anyone builds an "obstacle or encroachment" inside the right-of-way of a public highway, road, street, or alley in unincorporated Washoe County. The section defines that term broadly to include concrete or asphaltic driveways and parking areas, fences, landscaping plants and trees, and decorative brick and stonework placed for the benefit of an abutting owner, though it excludes vehicles lawfully parked in the right-of-way. 5-by-13-inch bond paper in black waterproof india ink showing the property line, the edge of the traveled roadway and shoulder, and the location, size, height, and construction type of the proposed encroachment.
305, payable to the county recorder. The county engineer issues the permit only after finding that public safety and the right to safely traverse the roadway will not be adversely affected, and may add further restrictions. m. 057, every permit must be signed by each abutting owner, is recorded in the county's official records, and runs with the land, but the county engineer can revoke it "with or without cause" on written notice, after which the owner has 30 days to remove the obstacle before the county removes it and bills the owner for the cost.
Violations & Fines
Building an unpermitted driveway, fence, wall, or landscaping feature inside the right-of-way is enforceable at the county engineer's discretion. Once a permit is revoked by recorded written notice, the owner has 30 days under WCC 85.057 to remove the obstacle; failing that, the county removes it and recovers the cost of removal from the owner.
Frequently Asked Questions
Do I need a permit to put a fence or driveway in the county right-of-way?
How much does an encroachment permit cost?
Can the county revoke my encroachment permit later?
What if I need to close a road immediately in an emergency?
Sources & Official References
Other rules in Washoe County
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