Kirkland, WA Sidewalk & Pedestrian Rules: Encroachment Permits (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.
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?
Who issues a Kirkland street use permit for private right-of-way use?
Is there any exception to Kirkland's private right-of-way use permit rule?
Sources & Official References
Other rules in Kirkland
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Encroachment Permits in Nearby Cities
How other cities in King County handle encroachment permits.