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

Some Restrictions

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

Key Facts

Permit required: Before any work in county ROW
Issuing office: Public Works / county engineer
Max fine: $500 per offense/day
Permit lapses: 180 days unused or abandoned
Utility notice: 24 hours before covering lines
Violation class: Misdemeanor

Summary

Whatcom County requires a revocable encroachment permit before anyone works within, occupies, or temporarily uses county road right-of-way. Public Works issues these permits under WCC 12.16, and working without one is a misdemeanor carrying up to a $500 fine per day of violation.

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

Any person or persons, corporation, district, municipality, city, town or utility who shall desire to work within or temporarily use the county right-of-way, easement or county-owned land shall first procure from the department of public works a revocable encroachment permit. The director of public works or the county engineer shall grant such permit subject upon the terms and conditions set forth herein. ... Any person or entity who enters upon any county right-of-way, easement or county property for the purpose of performing any work therein without first securing and holding a valid revocable encroachment permit required for such work is guilty of a misdemeanor and subject upon conviction to a fine of up to $500.00 for each offense ... Each day of violation shall constitute a separate offense.

View official code

Full Breakdown

020, any person, corporation, district, municipality, city, town or utility that wants to work within or temporarily use county right-of-way, an easement, or county-owned land must first get a revocable encroachment permit from the Public Works department; the director or county engineer grants it subject to the chapter's conditions. 040(A)). 040(C)). 040(D)). 030(A)). 080). 070). 090). 050).

Violations & Fines

Working in county right-of-way without a valid revocable encroachment permit is a misdemeanor under WCC 12.16.100(A), punishable by a fine of up to $500 per offense, with each day of continued violation counted as a separate offense; anyone who directs or aids unpermitted work is equally liable. If the work is not removed and the property restored, the violator must still obtain a permit, but the fee is doubled (WCC 12.16.100(B)). Failing to remove work after revocation, or failing to correct defects cited in a written notice of correction, is a separate misdemeanor under WCC 12.16.110. If a permittee fails to correct a violation after notice, the county may remove and repair the work itself at the permittee's and owner's expense (WCC 12.16.060).

Frequently Asked Questions

Do I need a permit to dig in the county right-of-way in front of my property?

Yes. WCC 12.16.020 requires anyone who wants to work within or temporarily use county right-of-way, an easement, or county-owned land to first obtain a revocable encroachment permit from the Public Works department before starting any excavation, installation, or similar work.

What happens if I work in the right-of-way without a permit?

It is a misdemeanor under WCC 12.16.100(A), punishable by a fine of up to $500 for each offense, and each day the violation continues counts as a separate offense. You will still have to obtain a permit afterward, but the fee is doubled under WCC 12.16.100(B).

Can I start emergency repair work before getting a permit?

Yes, if health or safety require it. WCC 12.16.070 lets emergency work proceed without a prior permit as long as the county engineer or public works director is notified no later than the next working day, and a permit is then obtained the first working day after the emergency work.

How long is an encroachment permit valid before it expires?

Under WCC 12.16.040(D), the permit becomes null and void if work is not started within 180 days of approval, or if work is suspended or abandoned for 180 days at any point after starting; the director of public works may extend the permit up to 180 days for good cause.

Sources & Official References

[1]Whatcom County Code ch. 12.16, Revocable Encroachment Permits

Other rules in Whatcom County

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Encroachment Permits in Cities Across Whatcom County

Bellingham, WA