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

105 authorizes the public works director or a designee to issue an encroachment permit for removable, nonpermanent additions to a building that extend into the public right-of-way, but only at the property owner's own risk. An applicant must file a completed application with the public works department, pay the fee the city council sets by resolution, and submit plans and specifications for the proposed encroachment; the department will not accept an incomplete application without the fee. The department evaluates the request against structural safety, traffic, sanitation, and fire safety requirements, plus any adverse effect on adjoining property, and checks that the encroachment will not interfere with roadways, sidewalks, existing or planned utilities, or other authorized right-of-way uses.

Two conditions define the permit's limits: subsection (10) states no permanent encroachment into the right-of-way will be allowed under this section, and the owner must keep the encroachment removable so it can be taken out at the owner's own expense whenever the public works director or another authority with jurisdiction requests removal. The permit is revocable for noncompliance, and the owner must hold the city harmless and carry a certificate of insurance covering the encroachment in an amount the public works director approves. Getting this permit does not excuse compliance with any other permitting requirement elsewhere in the code; the applicant remains responsible for making sure the work meets every other applicable law.