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

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

Key Facts

Permit type
Right-of-way site permit (§ 12.15.030(C))
Maximum term
Five years, renewable
Ongoing fee
Periodic use fee = rental value of ROW
Exempt users
Franchised utilities and mail boxes
Issuing department
Public Works and Utilities Department
If city needs space back
Removal at permittee's own expense

Summary

Placing a bus shelter, fence, kiosk or other structure in a Shoreline street or sidewalk right-of-way requires a right-of-way site permit under SMC § 12.15.030(C). The Public Works and Utilities Department issues these for up to five years, renewable at its discretion, and most permittees pay a periodic use fee equal to the right-of-way's rental value on top of the application fee.

C. Right-of-Way Site Permit. Right-of-way site permits are a specific class of right-of-way permit that may be available for utilities or other parties who do not hold a valid city franchise in accordance with Chapter 12.25 SMC for activities of extended duration which will not further physically disturb the existing or planned public use of the right-of-way once in place. This may include structures, facilities, and uses that involve capital expenditures. ... ... 3. Site permits may be granted up to five years. ... Each permit shall be of the duration specified on the permit and may be renewed for up to the length of the original permit, at the discretion of the director. 4. In addition to the right-of-way site permit application fee established in the city’s fee schedule, the uses listed under subsections (C)(1)(a), (b), (g), (h), and (i) of this section or fences and vegetative screens which exclude the public shall pay a periodic use fee for the right-of-way equivalent to the rental value of the right-of-way used.

Full Breakdown

Section 12.15.030(C) creates the site permit as a distinct class for parties without a city franchise who want long-duration improvements that will not further disturb the right-of-way once installed, covering accessory uses like parking and signage, air rights, bus shelters, fences and retaining walls, litter receptacles, benches, kiosks, flagpoles and bicycle racks, underground rights, utility facilities, and dedicated carshare parking spaces. Eligibility depends on the adjacent zoning allowing the use, and the applicant cannot be required to meet private development standards for it. Permits run up to five years and can be renewed at the director's discretion, except that structures the adjacent zoning expressly allows outright, such as commercial awnings, can get an indefinite term and skip the periodic use fee.

Franchised utilities and mail boxes are exempt from needing a site permit at all. If the city later needs the space for a public project, the permittee must remove or relocate the improvement at its own expense on reasonable notice, and when a permit ends without renewal, the permittee must remove any improvement and restore the area to its original condition or better.

Violations & Fines

An unpermitted structure or use in the right-of-way is declared a public nuisance under SMC § 12.15.200, subject to the enforcement procedures and penalties of Chapter 20.30 SMC. The director may also revoke a site permit under § 12.15.190 if the work does not match approved plans, endangers the public or adjoining property, or the permittee misrepresented material facts, and revocation requires all use of the right-of-way to cease.

Frequently Asked Questions

Do I need a permit to put a fence or bench in the Shoreline right-of-way?
Yes. SMC § 12.15.030(C)(1) lists fences, retaining walls, benches, kiosks and similar structures among the uses eligible for a right-of-way site permit, provided the use is allowed under the adjacent zoning.
How long does a site permit last?
Up to five years under SMC § 12.15.030(C)(3), renewable for up to the length of the original term at the discretion of the Public Works and Utilities director.
Do I have to keep paying after I get the permit?
Most site permit holders pay a periodic use fee equal to the right-of-way's rental value under SMC § 12.15.030(C)(4), in addition to the initial application fee, unless the structure is expressly allowed by the adjacent zoning for an indefinite term.
What if the city needs the space back for a project?
SMC § 12.15.030(C)(5) requires the permittee to remove or relocate the improvement at their own expense, on reasonable notice, when the city needs the right-of-way for a public project.

Sources & Official References

Other rules in Shoreline

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