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

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

Key Facts

Governing sections
WWCC § 12.26.020(D), § 12.26.030
Permit and fees
Required before any encroachment
Insurance/hold-harmless
Required under § 12.26.040
Unpermitted removal
No reimbursement, § 12.26.060
Removal notice
At least 15 calendar days, § 12.26.070
Civil infraction
$75 first offense, $250 later

Summary

Before staging equipment, materials or construction work in a county right-of-way in unincorporated Walla Walla County, WWCC 12.26.020.D requires the county engineer's authorization for that construction-related obstruction, and 12.26.030 requires the actual encroachment permit and payment of the required fees before work begins.

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

D.Construction Related Activities. Temporarily obstruct all or a portion of a public right-of-way for work or staging associated with land development, building construction, or other construction activity related to issuance of a county land use or construction permit. ... Any individual, firm or corporation desiring to obstruct all or a portion of a public right-of-way shall obtain the necessary permits from the county and pay any required fees. The county engineer may impose conditions necessary to ensure safe vehicular and pedestrian travel and to otherwise protect the public safety.

Full Breakdown

WWCC 12.26.020.D lets an individual, firm or corporation apply to temporarily obstruct all or a portion of a public right-of-way for work or staging tied to land development, building construction, or other construction activity connected to a county land use or construction permit. That authorization does not substitute for the permit itself: Section 12.26.030 separately requires anyone desiring to obstruct all or part of a right-of-way to obtain the necessary permits from the county and pay any required fees, and it lets the county engineer impose conditions to protect safe vehicular and pedestrian travel while the encroachment is in place.

Section 12.26.040 adds a hold-harmless agreement and a certificate of insurance naming the county as an additional insured. Equipment, staging materials or structures left in the right-of-way without that permit become a prohibited obstruction under Section 12.26.050.A, which the code applies "whether placed by permit or without permit," so an unpermitted encroachment is treated the same as one that was never authorized to begin with. Section 12.26.060 also gives the county or a franchised utility the right to remove any obstruction, permitted or not, for street or utility construction or repair, without reimbursement to the property owner, and Section 12.26.070 requires 15 calendar days' written notice before the county forces removal of an obstruction outside that emergency context. Chapter 12.01's general Title 12 penalty provision routes enforcement of unpermitted encroachments to Chapter 14.13, with appeals running to the hearing examiner.

Violations & Fines

Occupying or obstructing a county right-of-way for construction staging or a private encroachment without the WWCC 12.26.020.D authorization and 12.26.030 permit makes the encroachment a prohibited obstruction under 12.26.050.A. Section 12.26.080 then applies a $75 civil infraction for a first offense and $250 for each later one, or a misdemeanor under RCW 9.66.040 if the encroachment renders the right-of-way dangerous for passage.

Frequently Asked Questions

Do I need a permit to place equipment or materials in the county right-of-way for a construction project?
Yes. WWCC 12.26.020.D requires county engineer authorization for construction-related obstructions in the right-of-way, and 12.26.030 separately requires the actual permit and fee payment before staging equipment, materials or structures there, regardless of the underlying construction or land use permit already held.
What happens to an encroachment placed in the right-of-way without a permit?
It becomes a prohibited obstruction under WWCC 12.26.050.A, which applies whether or not a permit was ever obtained. The county or a franchised utility can remove it under 12.26.060 without reimbursement, and the owner faces the civil infraction fines set out in 12.26.080.
How much notice does the county give before removing an unpermitted encroachment?
WWCC 12.26.070 requires the county engineer to serve written notice describing the property and the condition to be corrected, giving the owner no less than fifteen calendar days to correct it, except where Section 12.26.060 allows immediate removal for street or utility construction and repair.

Sources & Official References

Other rules in Walla Walla County

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