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

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

Key Facts

Encroachment permit
Required for permanent structures in ROW
Street use permit
Required for temporary objects in ROW
Clear zone
7 ft high by 5 ft wide on sidewalks
Revocation notice
30 days, or immediate if dangerous
Appeal route
Type II to hearing examiner, ECDC 20.06
Fee lapse
Unpaid fees trigger permit revocation

Summary

Edmonds requires an encroachment permit before any permanent structure, such as a fence, retaining wall, building extension, marquee or artwork, occupies public right-of-way, sidewalk, parking strip or easement space. Temporary items like cafe tables, planters, sandwich boards and stanchions need a separate street use permit instead. Both run through the planning and development director or city engineer under ECDC Chapter 18.70.

No person shall use or encroach upon any public place without obtaining a permit from the planning and development director or city engineer. A. Encroachment Permit. An encroachment permit is required to encroach upon any portion of city public space, right-of-way or easement area with permanent structures. ... ... B. Street Use Permit. A street use permit is required to use any portion of public space or city right-of-way for objects which are temporary in nature.

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 4444, passed August 3, 2026).

Full Breakdown

000 splits right-of-way occupancy into two permit types. An encroachment permit covers anything permanent in nature: construction, erection or maintenance of building extensions, marquees, fences, retaining walls or artwork in, over or under a public place, right-of-way, easement, roadway, parking strip or sidewalk, including the airspace above them. A street use permit instead covers temporary, movable objects such as chairs, tables, planters, sandwich boards, benches, stanchions, platforms, rope and fencing that require no permanent attachment to the ground. 020(B)). 030(C) if the use will not interfere with vehicular or pedestrian traffic: no permanent occupation of space designed for vehicles or parking, State Building Code accessibility standards met, permit fees paid, and a clear zone seven feet high by five feet wide kept open on public sidewalks, reduced to four feet in width around obstacles like trees or sign posts for restaurant tables and chairs.

Temporary objects must clear the right-of-way on 24 hours' notice for public events, and anything projecting more than 36 inches into the right-of-way, apart from approved awnings and wall signs, must be removed nightly at close of business. Commercial applicants must carry a certificate of insurance naming the city as additional insured and sign an indemnification covenant that runs with the land.

Violations & Fines

Permits under Chapter 18.70 are temporary and vest no permanent right: the city may revoke one on 30 days' notice, or immediately without notice if the encroachment becomes dangerous, insecure, unsafe or a public nuisance. A lapsed insurance certificate or unpaid annual fee under ECDC 18.70.050(B) also triggers revocation. If a permittee does not remove a revoked structure when ordered, the city engineer may remove it or make it safe at the permittee's expense, recording the cost as a lien against the property.

Frequently Asked Questions

What is the difference between an encroachment permit and a street use permit in Edmonds?
An encroachment permit under ECDC 18.70.000(A) covers permanent structures like fences, retaining walls, building extensions and artwork placed in city right-of-way or easements. A street use permit under 18.70.000(B) covers temporary, movable items such as sidewalk cafe tables, planters and sandwich boards that need no permanent ground attachment.
Can the city revoke an Edmonds encroachment permit?
Yes. Under ECDC 18.70.040(A), all permits issued under Chapter 18.70 are temporary and vest no permanent right; the city can revoke one on 30 days' notice, or immediately without notice if the structure becomes dangerous, unsafe or a public nuisance.
How wide must a sidewalk clear zone be for outdoor dining in Edmonds?
ECDC 18.70.030(C)(1)(e) requires a clear zone seven feet high and five feet wide on public sidewalks, though the width can shrink to four feet around fixed obstacles like trees or sign posts specifically for tables and chairs.
Who decides how much I pay to use Edmonds right-of-way?
Application and exclusive-use fees are set by city council resolution under ECDC 18.70.050, and that compensation decision is legislative: ECDC 18.70.050(C) bars any judicial appeal of the amount charged.

Sources & Official References

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