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

Chapter 12.16 of the Lacey Municipal Code, titled Obstruction of Streets, governs private use of public right-of-way in the City of Lacey, Thurston County, Washington. Section 12.16.005 defines right-of-way as the area of land dedicated for current or future public use, so the rule reaches land set aside for a future street as well as pavement that exists today. Section 12.16.010 lists the facilities caught by the permit requirement: signposts, utility poles, culverts, underground utilities, curbs, sidewalks, bus shelters, fences, street lights, and any other obstruction or construction that occupies the right-of-way.

The application must come with detailed plans and specifications that meet the requirements of the Lacey Department of Public Works. The director of public works approves the permit, and if the traveled way will be obstructed the police department and fire department must be notified. A permit fee set by resolution of the city council accompanies the application, and plan check and inspection fees are charged under Chapter 14.22 LMC. Approval of the permit is contingent on approval of the plans.

Section 12.16.015 lists three exemptions: city employees working on behalf of the city, normal maintenance by a public utility operating under a franchise agreement with the city, and natural disasters or other emergencies that make it impossible to get a permit before work starts. In an emergency the director of public works must be notified as soon as possible.

Permittees carry duties after approval. Work follows the specifications in section 14.20.010, the surface must be restored to original or better condition, and the permittee guarantees the street, sidewalk or right-of-way for one year after the city accepts the job. Before work starts the permittee or contractor must carry public liability insurance naming the city as additional insured, with a single limit of not less than $1,000,000 per occurrence, and must post a bond, cash deposit or assigned savings account equal to one hundred fifty percent of the director of public works' cost estimate. A maintenance bond at ten percent of the estimated cost of surface restoration runs for one year, and franchised public utilities do not post it. An underground utility installation within five years after a street is improved to city standards also draws the disruption fee in section 12.16.055.