Seattle, WA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit name
- Street Use / Master Use encroachment permit
- Issuing agency
- SDOT, SDCI, or Parks Dept.
- Escrow alternative
- Available at $1,000 or more
- Surety bond alternative
- Up to $10,000
- Application expiration
- 6 months of applicant inactivity
- Max civil penalty
- $500 per day per violation
Summary
SMC 15.04.010 makes it unlawful to occupy or encroach on any Seattle public place, sidewalk, planting strip, alley, or roadway, without a written Street Use permit from the Director of Transportation, the Seattle Department of Construction and Inspections, or the Superintendent of Parks and Recreation, covering everything from areaways and overhangs to fencing and stored materials.
It is unlawful for anyone to make use, as defined in Section 15.02.048, of any public place without first securing a written permit as authorized in Section 15.04.015 from: the Director of Transportation, the Director of the Seattle Department of Construction and Inspections, or the Superintendent of Parks and Recreation; or without complying with all the provisions of Title 15, except as specified in subsection 15.04.010.B.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 44 Update 1).
Full Breakdown
SMC 15.04.010.A requires anyone making "use," as defined in SMC 15.02.048, of a public place to first secure a written permit under SMC 15.04.015 before occupying it: the encroachment permit covering everything from areaways and overhangs to fencing, scaffolding, and stored materials. SMC 15.04.015 assigns the SDCI Director authority over curb cuts, structural overhangs, and areaway reconstruction processed through a Master Use Permit, while the Director of Transportation issues Street Use permits for other public places and may delegate administration for public places adjacent to parks.
Applications are filed under SMC 15.04.020 with an accurate description of the public place to be used, the proposed use, and any utility, structure, or tree affected (SMC 15.04.025). Under SMC 15.04.035, the authorizing official reviews factors including the paramount purpose of streets for travel, utilities, fire and medical access, drainage, and rights of light, air, and access of abutting properties before approving, modifying, or conditioning the permit; a Street Use application is deemed expired if the applicant does not respond to a request for information within six months (SMC 15.04.035.G).
Where the City determines there is "a substantial risk of injury, damage, or expense," SMC 15.04.040 lets the authorizing official require an indemnity deposit, and SMC 15.04.042 allows an escrow account as a substitute once the amount involved is $1,000 or more, or in place of a surety bond of $10,000 or less. SMC 15.04.035.C limits each permit to "the portion of the public place that may be occupied, the dates or days and hours of use, and the allowed use" as approved by the Director of Transportation.
Violations & Fines
Occupying the right-of-way without this permit is a Title 15 violation under SMC 15.90.002, enforced by the SDOT Director under SMC 15.90.004. Violators face a cumulative civil penalty of up to $500 per day per violation (SMC 15.90.018.A), plus City enforcement costs, or prosecution as a gross misdemeanor under SMC 15.90.020, with each day of noncompliance a separate offense.
Frequently Asked Questions
Do I need a permit to build something in the Seattle right-of-way?
How does Seattle decide whether to approve an encroachment permit?
What happens if I don't respond to SDOT during permit review?
Is a Seattle encroachment permit permanent?
Sources & Official References
Other rules in Seattle
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Encroachment Permits in Nearby Cities
How other cities in King County handle encroachment permits.