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

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

Key Facts

Governing section
BCC 3.04.052
Permit issuer
Jurisdiction controlling the specific road
Required before
Building/placement permit issuance
Final permit required before
Certificate of Occupancy, BCC 3.04.053(b)
First violation penalty
Up to $500 civil penalty

Summary

Before Benton County will issue a building or placement permit, BCC 3.04.052 requires anyone constructing a road approach to first obtain a road encroachment permit from whichever jurisdiction, county, city or state controls the road or highway providing access to the parcel.

City-specific rules exist: Kennewick has its own encroachment permits rules that differ from Benton County's county-level regulations. If you live in Kennewick, check the city-specific page instead.

3.04.052 ROAD APPROACH. When required, permission to construct a road encroachment application shall be obtained from the jurisdiction in control of the road or highway providing access to the parcel prior to the issuance of a building or placement permit by the Benton County Building Department.

Full Breakdown

052, carried through Ord. 272 (1996), Ord. 303 (1997) and Ord. 602 (2018), makes permission to construct a road approach a precondition of county building permitting: when required, the applicant must obtain a road encroachment permit from the jurisdiction in control of the road or highway providing access to the parcel before the Benton County Building Department will issue a building or placement permit. 053(b) closes the loop at the back end of construction, requiring that the road encroachment be completed to the controlling jurisdiction's standards and that a final encroachment permit be issued before the county will issue a Certificate of Occupancy.

018 likewise lists 'Conditional Approval to Construct Road Approach on Public Road' as a required element whenever a road approach is needed to reach the parcel, meaning the applicant must show at least conditional encroachment approval before the building permit itself is complete. Because Benton County roads, state highways and city streets all fall under different road authorities depending on location, the applicant must identify which entity, the county Public Works department, WSDOT, or a city, actually controls the specific road before applying, since that agency, not the Benton County Building Department, issues the encroachment permit itself.

Violations & Fines

Building without the required conditional road-approach approval leaves a building permit application incomplete under BCC 3.04.018, and proceeding without a final encroachment permit blocks issuance of a Certificate of Occupancy under BCC 3.04.053(b). General violations of BCC Chapter 3.04 carry a civil penalty up to $500 for a first offense and misdemeanor exposure for repeat violations under BCC 3.04.065.

Frequently Asked Questions

Who issues a road encroachment permit in Benton County?
BCC 3.04.052 requires the permit to come from whichever jurisdiction controls the specific road or highway providing access to the parcel, which could be Benton County Public Works, WSDOT, or a city, not the Benton County Building Department itself.
When do I need a road approach encroachment permit?
Whenever a new road approach is required to access a parcel. BCC 3.04.052 makes obtaining that permission a precondition for the county to issue a building or placement permit, and BCC 3.04.018 lists conditional road-approach approval as part of a complete application.
Does the encroachment permit need to be finalized before I can occupy the building?
Yes. BCC 3.04.053(b) requires the road encroachment to be completed to the controlling jurisdiction's standards and a final encroachment permit issued before Benton County will issue a Certificate of Occupancy.

Sources & Official References

Other rules in Benton County

All Benton County rules

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