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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
EMC § 13.30.020
Permit issuer
Public works department
Fee range (zone-based)
$0.10 to $0.45 per sq ft/year
Termination notice
30 days by the city, at will
Appeal window
10 days to hearing examiner
Restoration duty
Immediate upon permit termination

Summary

EMC § 13.30.020 bars any special or private use of an Everett street, alley or sidewalk without first getting a permit from the public works department and paying the permit fee. Chapter 13.30 sets zone- and use-based fee rates, a nonrefundable application fee, and grounds for suspension or revocation.

No special or private use shall be made of any city right-of-way including, but not limited to, streets, alleys and sidewalks, by any person, entity or corporation without first having secured from the public works department the requisite permit and having paid the permit fee.

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 4194-26, passed July 29, 2026).

Full Breakdown

020 makes it unlawful for any person, entity or corporation to make special or private use of city right-of-way, including streets, alleys and sidewalks, without first securing the required permit from the public works department and paying the permit fee. 030 is set by whichever is greater: a zoning-based rate (10 cents per square foot in single-family zones such as R-S, R-1, R-2, up to 45 cents in commercial zones like C-1, C-2) or a use-based rate (15 cents for residential parking or landscaping, up to 45 cents for building encroachments).

090. 040 exempts uses that will not interfere with public convenience or safety, such as fences, bulkheads, stairs and landscaping commonly attendant to single-family zone uses, but the exemption drops away if the permittee leases, rents, or otherwise derives a benefit from the right-of-way use. 110, the public works director can suspend or revoke a permit issued in error, based on incorrect information, in violation of city ordinance, or for nonpayment; any permit can otherwise be terminated by the city on 30 days' notice, with a pro rata refund of unused fees unless the city applies that refund to restoration costs.

100 requires the permittee to remove all non-city property and restore the right-of-way immediately upon termination, or the city may do so and bill the applicant. 130.

Violations & Fines

Violations of Chapter 13.30 route into the citywide Uniform Enforcement Procedures of Chapter 1.20 EMC under EMC § 13.30.180. A denied or contested permit application can be appealed in writing to the city's land use hearing examiner within 10 days of notification under § 13.30.140, and the hearing examiner's decision is final. Failure to restore the right-of-way on termination lets the city do the work itself and bill the former permittee for the full cost (EMC § 13.30.100).

Frequently Asked Questions

Do I need a permit to use the sidewalk or street in front of my Everett property?
Yes, for any special or private use. EMC § 13.30.020 requires a permit from the public works department, with the fee paid up front, before making special or private use of any city street, alley or sidewalk.
How much does an Everett right-of-way encroachment permit cost?
The annual rate depends on zoning and use, from 10 cents per square foot in single-family zones to 45 cents in commercial zones or for building encroachments (EMC § 13.30.030), plus a separate nonrefundable application fee set by the public works director under § 13.30.090.
Can Everett revoke my right-of-way permit?
Yes. EMC § 13.30.110 lets the public works director suspend or revoke a permit issued in error, based on false information, in violation of city rules, or for nonpayment, and the city may otherwise terminate any permit at will on 30 days' notice.
What happens to my improvements if my encroachment permit ends?
You must remove your property and restore the right-of-way immediately under EMC § 13.30.100. If you don't, the city can do the restoration itself, keep it, and bill you for the full cost of removal and restoration.

Sources & Official References

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