Skagit County, WA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Skagit County Engineer, Public Works
- Governing chapter
- SCC Chapter 11.16, Right-of-Way Permits
- Right-of-way permit scope
- Access serving more than 4 lots
- Violation penalty
- $500 fine and/or 6 months jail
- Appeal window
- 30 days to Director, then 15 to Board
Summary
Anyone who wants to open, improve or privately use a county road right-of-way in unincorporated Skagit County, other than for utility work, must first get a permit from the County Engineer under SCC 11.16.010 and 11.16.025. A Right-of-Way Permit covers access serving more than four lots and requires engineered plans, signage costs and County Engineer sign-off before use begins.
Unopened County rights-of-way, and/or privately utilized rights-of-way, and/or privately utilized rights-of-way with prior approval shall not be improved, altered, expanded upon, nor shall development approval necessitating such improvements or use be granted, unless a permit therefore has been issued pursuant to this Chapter. ... “Right- ... of-way permit” means a permit issued pursuant to this Chapter, authorizing construction and permanent use of unopened or unmaintained County road right-of-way for access to more than four (4) lots, tracts, or parcels. Shall become established County road when completed. ... Any individual or corporation desiring to open and improve for travel and use (other than for utility purposes) any of those certain streets, public ways or rights-of-way designated herein, shall be required to first obtain a permit from the County Engineer.
Full Breakdown
16 governs private construction and use within unopened or privately maintained county road rights-of-way in unincorporated Skagit County. 010 bars improving, altering or expanding any unopened or privately utilized right-of-way, or granting development approval that requires such work, unless a permit has first been issued under the chapter; approvals issued before the chapter took effect stay valid only if built as approved, and otherwise lapse 90 days after passage. 025(1) requires any individual or corporation wanting to open and improve a street, public way or right-of-way for travel, other than for utility purposes, to first obtain a permit from the County Engineer.
020(4) as authorizing construction and permanent use of unopened or unmaintained county road right-of-way serving more than four lots, tracts or parcels; the road becomes an established county road once completed. 030, proposed road names if none exists, and engineered roadway and drainage plans meeting Skagit County Road and Drainage Standards. The County Engineer specifies required improvements, and the permittee pays for and installs required signage. Once improvements are complete to the County Engineer's satisfaction, the Engineer signs off and notifies the Board of County Commissioners and the official right-of-way records. 035, then appeal the Director's response to the Board of County Commissioners within 15 days.
Violations & Fines
Improving, altering or expanding a county road right-of-way, or privately using it, without the required permit violates SCC 11.16.010. SCC 11.16.050 makes any violation of Chapter 11.16 a misdemeanor punishable by a fine of $500.00 and/or confinement in the Skagit County Jail for up to six months, and the County Engineer can withhold approval and the notice to the Board of County Commissioners until required improvements are completed.
Frequently Asked Questions
Do I need a permit to build a driveway or road across county right-of-way in unincorporated Skagit County?
What does a Skagit County Right-of-Way Permit application require?
What happens if I build in the county right-of-way without a permit?
Sources & Official References
Other rules in Skagit County
Compare Skagit County to another location·View the Washington sidewalk & pedestrian rules overview
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