Lakewood, WA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required for
- Any private use/obstruction of right-of-way
- Issuing office
- City Engineer, Public Works Department
- Misdemeanor penalty
- Up to 90 days jail, $1,000 fine
- Non-obstructing violation
- $500 Class 2 civil infraction
- Removal deadline
- 48 hours after written notice
Summary
Lakewood requires a right-of-way permit before anyone blocks, occupies, privately improves or otherwise uses City right-of-way, and any object placed there without the City Engineer's written permission is declared an illegal public nuisance. Unpermitted encroachments left in place after notice are a misdemeanor punishable by up to 90 days in jail and a $1,000 fine.
12.04.050 Right-of-way permit. A. General. ... City right-of-way shall not be blocked, occupied, privately improved or used for access or other purposes unless a permit has been issued for such use. B. Permit Required. A right-of-way permit is required before any person commences to grade or stockpile material; alter, construct, repair, remove, excavate, place, obstruct, damage or disturb any structure, utility, facility or improvement located in the public right-of-way; or commence any other activity that interferes with the free use of the public right-of-way. ... 12.06.030 Unpermitted objects or activity. ... ... A. Unauthorized Objects. Any object placed within a City right-of-way without written permission of the City Engineer is declared illegal and a public nuisance. ... ... D. Penalties. Placing an object or obstruction within the right-of-way or failing to remove an object or work from a right-of-way after notice that such object or work must be removed is a misdemeanor crime, punishable by imprisonment in jail for a term of up to 90 days, by a fine of up to $1,000, or by both such imprisonment and fine, when such object or work hampers or prevents proper use of the right-of-way.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 852, passed June 15, 2026).
Full Breakdown
LMC 12.04.050(A) states that City right-of-way cannot be blocked, occupied, privately improved or used for access or other purposes unless a permit has been issued. Subsection B requires a right-of-way permit before anyone grades, stockpiles material, alters, constructs, repairs, removes, excavates, places, obstructs, damages or disturbs any structure, utility, facility or improvement in the right-of-way, or undertakes any activity that interferes with the public's free use of it. The City Engineer may grant an annual right-of-way permit for certain recurring activities under subsection (B)(1). Permits convey no vested private right or ownership interest, and every permit must state on its face that the right-of-way remains open to public use except where safety requires a closure, per subsection D.
LMC 12.06.030 backs the permit requirement with a nuisance declaration: any object placed in the right-of-way without the City Engineer's written permission is illegal and a public nuisance, with a narrow carve-out for mailboxes and attached newspaper boxes set as far from the roadway as possible and approved by the City Engineer. The adjoining property owner or the person who placed the object is responsible for removing it and repairing the right-of-way within 48 hours of written notice; the City can remove it at the violator's expense after that window, or immediately without notice if it poses a threat of physical harm.
Violations & Fines
Placing an object or obstruction in the right-of-way, or failing to remove one after notice, is a misdemeanor crime under LMC 12.06.030(D) when it hampers or prevents the right-of-way's proper use, punishable by up to 90 days in jail, a fine of up to $1,000, or both. An encroachment that does not interfere with proper use is instead a Class 2 civil infraction under LMC 1.48.010, fined up to $500.00, with each day, location, violator and incident a separate infraction.
Frequently Asked Questions
Do I need a permit to put something in the Lakewood right-of-way in front of my house?
What happens if I don't remove an unpermitted object from the right-of-way?
Does a Lakewood right-of-way permit give me ownership of that strip of land?
Sources & Official References
Other rules in Lakewood
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Encroachment Permits in Nearby Cities
How other cities in this county handle encroachment permits.