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

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

Key Facts

Governing section
KMC 19.04.050
Permit issuer
Director of public works
Permit term
Jan 1 to Dec 31, annual
Landscaping exception
Unused improved right-of-way strip exempt
Enforcement
Chapter 1.12 civil or criminal citation

Summary

Anyone using a Kirkland street right-of-way, including a sidewalk or walkway, for personal or business use must first get a city street use permit under KMC 19.04.050, the general permit that governs any private encroachment onto public right-of-way.

It is unlawful for any person to either temporarily or permanently use or utilize any portion of a street right-of-way (whether or not improved and including sidewalk or walkway) or fairway, as defined in Section 14.16.020(b), for personal use, place of business or other private use, without first obtaining from the city a street use permit; provided, however, that this section shall not be construed to prohibit the incorporation of the unused right-of-way portion of an improved street into the landscaping design of the abutting private property.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 4945, passed July 21, 2026).

Full Breakdown

050 prohibits any person from temporarily or permanently using or utilizing any portion of a street right-of-way, whether or not improved and including a sidewalk or walkway, or a fairway, for personal use, a place of business, or other private use, without first obtaining a street use permit from the city. This is the general encroachment rule that underlies Kirkland's permit system for private occupation of public right-of-way; it does not apply to incorporating an unused, improved right-of-way strip into an abutting private property's landscaping design, which the code specifically exempts.

061 sets the permit mechanics that apply across these private uses: a street use permit is required for any private use of a public right-of-way, runs from January 1 through December 31 of the year issued, and is issued or denied by the director of public works, who evaluates the application against the applicable criteria for the specific type of use. For a fairway used as a pier, the city council itself holds permit authority rather than the director. 068, which govern only cafe tables and produce markets. 12 in addition to any other remedy available at law.

Violations & Fines

Using the right-of-way privately without a permit violates 19.04.050 and can be charged as an obstruction under 19.04.010 or pursued as a Chapter 1.12 civil violation per 19.04.110; remedies are cumulative, so the city can combine a citation with a civil notice and removal of the unpermitted improvement.

Frequently Asked Questions

Do I need a permit to use the right-of-way in front of my Kirkland business?
Yes. KMC 19.04.050 prohibits any temporary or permanent private use of a street right-of-way, including a sidewalk, without first obtaining a street use permit from the city, regardless of what the use is for.
Who issues a Kirkland street use permit for private right-of-way use?
The director of public works issues or denies street use permits for private use of a public right-of-way under KMC 19.04.061, except that a permit to use a fairway as a pier is issued by the city council instead.
Is there any exception to Kirkland's private right-of-way use permit rule?
Yes. KMC 19.04.050 does not prohibit incorporating an unused portion of an improved street right-of-way into the landscaping design of the abutting private property, so ordinary landscaping into an unused strip does not require a street use permit.

Sources & Official References

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