Island County, WA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Distance limit
- 500 feet along the county road
- System length cap
- Under one mile total length
- Decision maker
- County engineer, on Board's behalf
- Cancellation notice
- 30 days written notice to remove facilities
- Penalty
- Misdemeanor; each day a separate offense
- Governing chapter
- Chapter 12.16, county road rights-of-way
Summary
In unincorporated Island County, running a water pipe, gas line, cable, sewer or power line across a county road doesn't require a full franchise if the run stays short. The Board of County Commissioners can issue a short-distance permit instead, under Island County Code § 12.16.010, but only when the crossing covers 500 feet or less and the whole system runs under one mile.
The Board of County Commissioners, in lieu of requiring a franchise, may grant a permit to construct or maintain on, over, under, across, or along any county road any water pipe, gas pipe, oil pipeline, telegraph, CATV cable, electric light, power lines, sewer, tram, railway, or other such facilities when the same does not extend along such county road for a distance of greater than 500 feet and the system is less than one (1) mile in total length, whether on public and/or private property. The Board of County Commissioners through their agent, the county engineer, may require such information as it deems necessary in the application for any such permit and may grant or withhold the permit within its discretion. Any permit granted may be cancelled at any time and any facilities remaining on the right-of-way of such county road after thirty (30) days' written notice of such cancellation shall be an unlawful use and obstruction.
Full Breakdown
16 lets Island County stop short of a full franchise ordinance when a utility crossing is small. 010, the Board of County Commissioners, acting through the county engineer, may grant a short-distance permit for a water pipe, gas pipe, oil pipeline, telegraph, CATV cable, electric line, power line, sewer, tram or railway placed on, over, under, across or along a county road, on public or private property, so long as the facility does not run more than 500 feet along the road and the total system is under one mile long.
The county engineer can demand whatever supporting information the application needs and can grant or refuse the permit at the county's discretion; there is no right to the permit. 010 makes clear that facilities left in the right-of-way more than thirty days after a written cancellation notice become an unlawful use and obstruction of the road. 020 requires that any franchise or permit serve the public interest and be consistent with the county's comprehensive plan, and discourages extending sewer lines outside urban growth areas except to protect public health, safety or the environment at rural densities. 030.
Violations & Fines
Section 12.16.040 makes it a misdemeanor to build or maintain any pipe, cable, sewer line or similar facility in a county road right-of-way in Island County without a valid franchise or permit, and each day of the violation counts as a separate offense. Failing to remove facilities after a permit is cancelled and the 30-day notice period runs is also a misdemeanor, again charged day by day.
Frequently Asked Questions
Do I need a permit to lay a utility line under an Island County road?
Who decides whether to grant the encroachment permit?
What happens if my permit is cancelled?
Can I run a sewer line to serve property outside an urban growth area?
Sources & Official References
Other rules in Island County
Compare Island County to another location·View the Washington sidewalk & pedestrian rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.