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

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

Key Facts

Governing code
TMC § 9.08.020
Permit name
Right-of-Way Occupancy Permit
Reviewing dept
Planning & Development Services
Fence exemption
Fences up to 7 feet
Wall exemption
Retaining walls up to 4 feet

Summary

Tacoma requires written City permission before any private use of the public right-of-way, from fences and retaining walls to sidewalk features, under the Right-of-Way Occupancy Permit program in TMC Chapter 9.08.

It is unlawful for anyone to use any public right-of-way for private purposes without written permission from the City of Tacoma and without complying with all of the provisions of this chapter in relation thereto; provided that nothing herein contained shall apply to street maintenance work performed by the City of Tacoma, utility installations covered by franchise (not including small cell facilities), street or sewer installation and improvement work authorized by ordinance, or street improvement projects under contract with the City of Tacoma.

B. Written permission of a Small Cell Facility shall be as follows:

1. If a small cell facility is attached to a City asset, the, typically Public Work or Tacoma Public Utility Poles, installation shall be permitted through a Pole Attachment Agreement and other appropriate development permits, including a work order.

2. If a small cell facility is attached to an existing/replacement pole not owned by the City, the attachment shall be reviewed under this chapter and appropriate development permits. It will be determined, on a case by case basis, if a separate Right-of-Way Permit, Pole Attachment Agreement, and/or amended Franchise Agreement is necessary.

3. If a new pole, not owned by the City, is necessary to accommodate the small cell facility, a Right-of-Way Occupancy Permit will be required for the pole in addition to other appropriate development permits, including a work order.

C.

Full Breakdown

Under TMC § 9.08.020, it is unlawful to use any public right-of-way for private purposes without written permission from the City, and applications go to Planning and Development Services under § 9.08.030. Tacoma exempts some small residential encroachments, fences up to seven feet, retaining walls up to four feet, at-grade stairs, and code-compliant garden beds, from a separate Right-of-Way Occupancy Permit if they meet Public Works Design Manual setback and sight-distance standards; larger or commercial encroachments still need the permit, insurance, and City Engineer review before anything is built in the right-of-way.

Violations & Fines

Unpermitted right-of-way use is unlawful under § 9.08.020; nonconforming encroachments can be ordered removed as a nuisance if the Director of Planning and Development Services finds them a public hazard.

Frequently Asked Questions

Do I need a permit to build a fence in the Tacoma right-of-way strip?
Not if it's 7 feet or shorter and meets Design Manual setback/sight-distance rules. TMC § 9.08.022 exempts it from a separate Occupancy Permit.
What happens if I use the right-of-way without permission?
It's unlawful under TMC § 9.08.020; the City can require removal and, for residential encroachments, treat an unsafe one as a nuisance subject to enforcement.

Sources & Official References

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Encroachment Permits in Nearby Cities

How other cities in this county handle encroachment permits.

Lakewood, WA
Significant Restrictions