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

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

Key Facts

Permit needed for
any excavation or right-of-way invasion
Permit validity
90 days, one 60-day extension
Security deposit
150% of cost or $2,500, greater
Maximum fine
$300.00 per offense
Max jail term
90 days
Issuing office
Lynnwood public works department

Summary

Lynnwood requires a right-of-way invasion permit before anyone excavates, builds in, or otherwise disturbs city right-of-way, including sidewalks and planting strips. The public works department issues permits, sets a 90-day validity window, and can require a security deposit before work begins.

A right-of-way invasion permit is required by the city for any excavation, construction, or other invasion of city right-of-way by private individuals, contractors, corporation, municipal corporations, special districts and any and all other persons or organizations. ... Permits are valid for 90 days from date of issuance and may be extended upon receipt of a request in writing and approval by the director. ... Only one extension, not to exceed 60 days, may be granted on a single permit. ... Any person, firm or corporation willfully violating any provision of this chapter shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine in any sum not exceeding $300.00, or by imprisonment in the city jail for a period not exceeding 90 days, or by both such fine and imprisonment.

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 3512, passed May 26, 2026).

Full Breakdown

04, any private individual, contractor, corporation, or special district that wants to excavate, construct, or otherwise invade city right-of-way, which includes the sidewalk and planting-strip area in front of a property, must first obtain a right-of-way invasion permit from the public works department. Applicants file a plan and profile showing proposed construction and restoration methods with the director. Permits run 90 days from issuance; work that runs long needs a written extension request, and the director can grant only one extension of up to 60 days before the applicant must reapply and pay fees again.

The director can also require an indemnity bond or cash deposit equal to 150 percent of the construction cost or $2,500, whichever is greater, to guarantee restoration, though that deposit can be waived case by case for single-family residential work. Separately, new streets built as future rights-of-way need a road improvement permit, applied for by the developer. 104. Once work is done, the director conducts a final visual inspection, and if a maintenance bond is deemed necessary it runs $2,500 or 15 percent of the original bond (whichever is greater) held for one year.

Disturbing a right-of-way within five years of a fresh pavement overlay or new roadway triggers an added disruption fee scaled from five times the base permit fee in year one down to the regular fee in year five.

Violations & Fines

Anyone who willfully violates Chapter 12.04, including working in the right-of-way without the required permit, faces a misdemeanor charge: a fine up to $300.00, up to 90 days in the city jail, or both. Each day the violation continues can be charged as a separate offense, and the director may issue an immediate stop-work order for noncompliance with the chapter or the permit.

Frequently Asked Questions

Who issues a right-of-way invasion permit in Lynnwood?
The public works department under the director's authority issues right-of-way invasion permits under LMC 12.04.010, and applications are processed under LMC 2.44.040. The application must include a plan and profile of the proposed work and restoration method before approval.
How long does a Lynnwood right-of-way permit last?
Permits are valid for 90 days from issuance under LMC 12.04.040. Work running past that date needs a written extension request approved by the director, but only one extension of up to 60 days may be granted before a new permit and fees are required.
What happens if I work in Lynnwood's right-of-way without a permit?
It is a misdemeanor under LMC 12.04.280, punishable by a fine up to $300.00, up to 90 days in jail, or both, with each day of continued violation chargeable as a separate offense. The director can also issue an immediate stop-work order.

Sources & Official References

Other rules in Lynnwood

All Lynnwood rules

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