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

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

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 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?
Yes. LMC 12.04.050 requires a right-of-way permit before you block, occupy, privately improve or place anything in City right-of-way, and LMC 12.06.030 separately declares any unpermitted object there an illegal public nuisance, with a narrow exception for properly placed mailboxes.
What happens if I don't remove an unpermitted object from the right-of-way?
You have 48 hours after written notice to remove it and repair the right-of-way under LMC 12.06.030(B). After that, the City may remove it at your expense, and if the object hampers proper use of the right-of-way you also face a misdemeanor charge of up to 90 days in jail and a $1,000 fine.
Does a Lakewood right-of-way permit give me ownership of that strip of land?
No. LMC 12.04.050(D) states permits convey no vested private right or ownership interest in City right-of-way, and every permit must state on its face that the right-of-way stays open to the public except where safety requires a closure.

Sources & Official References

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