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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Skagit County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
Yes, if it opens or improves an unopened or privately maintained county right-of-way for travel. SCC 11.16.025 requires a Right-of-Way Permit, Trail Permit or Temporary Use Permit from the County Engineer depending on how many lots the access serves, and SCC 11.16.010 bars issuing development approval that needs such improvements without one.
What does a Skagit County Right-of-Way Permit application require?
Under SCC 11.16.025(1), the application needs a legal description of the served parcels, a statement of the access purpose, proof of subdivision approval or an assessor's map, paid filing fees, proposed road names if none exists, and engineered roadway and drainage plans meeting Skagit County Road and Drainage Standards, all reviewed by the County Engineer.
What happens if I build in the county right-of-way without a permit?
SCC 11.16.050 makes any violation of Chapter 11.16, including unpermitted construction or use of county right-of-way, a misdemeanor punishable by a fine of $500.00 and/or confinement in the Skagit County Jail for up to six months, in addition to the County Engineer withholding approval of the work.

Sources & Official References

Other rules in Skagit County

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