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

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

Key Facts

Permit required from
Public Works Department
Approval authority
Board of County Commissioners / county engineer
Exempt vegetation height
24 inches or under
Exempt fencing duration
Posts standing no more than 120 days
Fixed objects
Barred from clear zone regardless of permit
Governing section
Franklin County Code § 10.18.040

Summary

No adjoining property owner may use any part of a Franklin County road right-of-way without Board of County Commissioners permission. Franklin County Code § 10.18.040 requires that permission come through a right-of-way encroachment permit issued by the Public Works Department, subject to the county engineer's approval.

These county ordinances apply to unincorporated areas of Franklin County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A.No portion of the right-of-way may be utilized by an adjoining property owner without the permission of the board of county commissioners. Said permission shall only be granted through the issuance of a right-of-way encroachment permit available at the public works department.B.Encroachments permitted by the board of county commissioners shall be subject to the terms and conditions contained within this chapter and approval of the county engineer.

Full Breakdown

040 governs any private use of the public right-of-way countywide. Subsection A bars an adjoining property owner from utilizing any portion of the right-of-way without the Board of County Commissioners' permission, and that permission is granted only through a right-of-way encroachment permit issued by the Public Works Department. 18 and to the county engineer's approval. 050(A). 060: nonwoody vegetation the property owner grows and keeps at or under 24 inches tall, non-permanent fencing (posts standing no more than 120 days), gravel under three inches in diameter, mulch, and turf grass, so long as none of it interferes with drainage.

Road approaches are exempt only if a valid approach permit was obtained before construction. Even exempt activity remains at the property owner's own risk, and Franklin County and its officers are not responsible for resulting damage or loss, while the county engineer keeps the right to order cessation and removal of any exempt activity found to create a hazard or disrupt county operations. 020 to include non-breakaway poles, signs, trees four inches or more in diameter, and structures like retaining walls, are barred from the roadway's designated clear zone regardless of permit status.

Violations & Fines

Encroaching on the right-of-way without the required permit under § 10.18.040 leaves the encroachment unauthorized and outside the exemptions in § 10.18.060, so the county engineer can order cessation of the activity and removal of the resulting hazard or disruption. Because the work was never authorized, the owner bears that risk and cost directly, and Franklin County and its officers, employees, and agents are not liable for any damage or loss connected to the unpermitted encroachment or its removal.

Frequently Asked Questions

Do I need a permit to put a fence near the county road?
Only if the posts are meant to stand more than 120 days. Section 10.18.060(B) exempts non-permanent fencing from the encroachment permit requirement in § 10.18.040, but a more permanent fence structure needs Board of County Commissioners permission through Public Works.
What counts as an exempt use of the right-of-way?
Section 10.18.060 exempts low-growing nonwoody vegetation at or under 24 inches, non-permanent fencing, gravel under three inches, mulch, turf grass, and permitted road approaches, provided none of it interferes with drainage or the roadway's clear zone.
Who decides what encroachments are allowed?
The county engineer determines which encroachments are permissible and sets the minimum sight-distance and clear-area requirements under § 10.18.050(A), while the Board of County Commissioners grants the underlying permission required by § 10.18.040 through the encroachment permit itself.

Sources & Official References

Other rules in Franklin County

All Franklin County rules

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