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

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

Key Facts

Permit required
Before any right-of-way encroachment
Where it applies
Commercial, mixed-use, marine, manufacturing zones only
Excluded
Residential district encroachments not authorized
Enforcement
Nuisance abatement + penalties under Ch. 1.20

Summary

A street use permit is required before anyone establishes a use in or encroaches on the public right-of-way in Port Townsend's commercial districts.

No person shall establish a use within or encroach upon any public right-of-way in the historic commercial, commercial, mixed use, marine-related and manufacturing districts of the city without first obtaining a permit from the city pursuant to the process and requirements in this chapter. This chapter provides the exclusive method for obtaining approval of uses that are regulated by this chapter.

B. Special events occurring within public rights-of-way shall be subject to the requirements of a special event permit (Chapter 17.60 PTMC) and shall be exempt from the requirements of this chapter.

C. Assemblies occurring within public rights-of-way shall be subject to the requirements of assembly regulations (Chapter 9.24 PTMC) and shall be exempt from the requirements of this chapter.

D. Permits for development within rights-of-way are subject to requirement of street development permits (Chapter 12.04 PTMC) and are exempt from the requirements of this chapter.

E. Sales on streets and sidewalks shall be subject to Chapter 5.32 PTMC and shall be exempt from the requirements of this chapter. (Ord. 3289 § 1 (Exh. A), 2022; Ord. 3017 § 1 (Exh. A), 2009).

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 3364, passed May 18, 2026).

Full Breakdown

Port Townsend requires a street use permit before any person establishes a use within, or encroaches upon, a public right-of-way in the city's historic commercial, commercial, mixed use, marine-related, and manufacturing districts. The chapter covers sidewalk cafes, vending structures, streateries, parklets, and similar private uses of street or sidewalk space, and is the exclusive path to approval for uses it regulates. It expressly does not authorize encroachments in residential districts, and separate permits apply to special events, assemblies, and street development work.

Violations & Fines

Violations are declared public nuisances and enforced under PTMC Chapter 1.20, which allows abatement plus criminal and civil penalties.

Frequently Asked Questions

Do I need a permit to put a sidewalk cafe or sign in the right-of-way in Port Townsend?
Yes. PTMC 12.10.010 requires a street use permit before establishing any use in or encroachment on the public right-of-way in eligible commercial districts.
Can I get an encroachment permit for a residential property in Port Townsend?
No. Chapter 12.10 does not pertain to or allow encroachments of rights-of-way in residential districts.

Sources & Official References

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