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Kitsap 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 needed for
Vehicular access onto county road
Permit also needed for
Any right-of-way construction work
Exempt
Routine maintenance, pre-1/13/2013 work
Exempt
Aboveground utility repairs
Contractor requirement
Licensed & insured in Washington
Fees
Set by Kitsap County Code Ch. 21.10

Summary

Anyone building or altering a vehicular access point onto a county road, or doing construction work inside a county right-of-way, in unincorporated Kitsap County must first get a road approach permit or a right-of-way work permit from the Department of Public Works, with limited exceptions for routine and emergency work.

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

(a) No person, firm, partnership, association, joint venture, corporation, or other public or private legal entity shall construct or alter a permanent or temporary vehicular access to a county road without first obtaining a road approach permit from Kitsap County. A copy of the permit shall be available for inspection at the site during construction. Any change in land use or any improvement to an existing site that increases traffic volumes, or impacts site distance, using an existing approach will require a new road approach permit. (b) No person, firm, partnership, association, joint venture, corporation, or other public or private legal entity shall conduct any construction activity within a county right-of-way unless the work is in accordance with a valid permit to perform work in county right-of-way issued by the Kitsap County department of public works. A permit is not required for routine maintenance activities, general maintenance activities performed on roads in existence prior to January 13, 2013, or repairs to aboveground utilities.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4864424; v0 updated 2025-12-08; through 12-08-2025).

Full Breakdown

070 sets two overlapping permit requirements administered by the Department of Public Works. First, no one may construct or alter a permanent or temporary vehicular access, a driveway or road approach, onto a county road without a road approach permit; a copy must stay on site during construction, and any land-use change or site improvement that increases traffic volume or affects sight distance at an existing approach triggers a new permit. Second, no one may conduct construction activity within a county right-of-way without a separate right-of-way work permit, except for routine maintenance, general maintenance on roads that predate January 13, 2013, or repairs to aboveground utilities.

Utility relocation tied to a county road improvement project still needs a permit even though its fee can be waived. Applicants for right-of-way construction work must be a licensed and insured Washington contractor, and must submit plans showing the location, size, length, time period and purpose of the work; any extension or alteration of waterline installations additionally needs fire marshal review before the application is submitted. Emergency repairs to underground utilities are the one exception that can proceed before a permit issues, but the responsible party must notify Public Works of the location and nature of the repair as soon as practicable and file the permit application on the next working day, complying with the road standards as far as practical. 080.

Violations & Fines

Failing to comply with the permit or road-standards requirements lets the county withhold or revoke permit approval, forfeit the permittee's financial guarantee, refuse accepted work, and bring a civil suit to enforce compliance or enjoin the violation, per § 11.22.110(a). A permittee who fails to construct a road approach properly can be billed for the county's cost to remove or fix it, and enforcement otherwise follows the civil violation process in Chapter 2.116 (§ 11.22.105).

Frequently Asked Questions

Do I need a permit to build a driveway onto a Kitsap County road?
Yes. Section 11.22.070(a) requires a road approach permit from Kitsap County before constructing or altering any vehicular access, temporary or permanent, onto a county road.
Is a permit required for any work in the county right-of-way?
Generally yes, under § 11.22.070(b), except routine maintenance, maintenance on roads that existed before January 13, 2013, and repairs to aboveground utilities, which don't need a right-of-way work permit.
What if I have to make an emergency utility repair in the right-of-way?
You can start the emergency repair without a permit, but must notify the Department of Public Works of the location and nature of the work as soon as practicable and file a permit application the next working day.
Who enforces Kitsap's road right-of-way permit rules?
The Department of Public Works, backed by the civil enforcement procedures in Chapter 2.116 and the penalty provisions in § 11.22.110, which allow permit revocation, cost recovery, and civil suits for noncompliance.

Sources & Official References

Other rules in Kitsap County

All Kitsap County rules

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