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Washoe County, NV Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Governing sections
WCC 85.056(1)-(3), (5); 85.057(3)
Application fee
$25.00 plus NRS 247.305 recording fee
Issuing office
Public works engineering division
Removal deadline after revocation
30 days
Permit duration
Perpetual until recorded revocation
Emergency exception
Notify sheriff, fire; permit next business day

Summary

Anyone who wants to build a driveway, fence, landscaping, or other structure inside a Washoe County road right-of-way must first get an encroachment permit from the engineering division of public works under WCC 85.056. The application costs a $25 service fee plus a state recording fee, and the county engineer can revoke the permit at any time, with 30 days for the owner to remove the encroachment.

City-specific rules exist: Reno has its own encroachment permits rules that differ from Washoe County's county-level regulations. If you live in Reno, check the city-specific page instead.

An encroachment permit shall be secured from the engineering division of the department of public works before any person makes any obstacle or encroachment in the right-of-way of any public highway, road, street or alley within the unincorporated areas of the county...The application must be accompanied by a $25.00 service fee payable to the County of Washoe and by a recording fee for the permit in the amount specified in NRS 247.305 payable to the recorder of Washoe County...For purposes of this section, "obstacle or encroachment" means any object, materials or facilities not owned by the county that are placed within a right-of-way of the county for purposes of vehicular access or storage or for decorative improvements for front lots that are not a part of the highway or roadway facility. The term does not include vehicles parked in a lawful manner within a right-of-way....Except as provided in subsection 4, the owner of the property shall remove all obstacles or encroachments in the county's right-of-way within 30 days after the revocation of encroachment permit is recorded.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 20 Update 2).

Full Breakdown

056 requires an encroachment permit from the engineering division of the department of public works before anyone builds an "obstacle or encroachment" inside the right-of-way of a public highway, road, street, or alley in unincorporated Washoe County. The section defines that term broadly to include concrete or asphaltic driveways and parking areas, fences, landscaping plants and trees, and decorative brick and stonework placed for the benefit of an abutting owner, though it excludes vehicles lawfully parked in the right-of-way. 5-by-13-inch bond paper in black waterproof india ink showing the property line, the edge of the traveled roadway and shoulder, and the location, size, height, and construction type of the proposed encroachment.

305, payable to the county recorder. The county engineer issues the permit only after finding that public safety and the right to safely traverse the roadway will not be adversely affected, and may add further restrictions. m. 057, every permit must be signed by each abutting owner, is recorded in the county's official records, and runs with the land, but the county engineer can revoke it "with or without cause" on written notice, after which the owner has 30 days to remove the obstacle before the county removes it and bills the owner for the cost.

Violations & Fines

Building an unpermitted driveway, fence, wall, or landscaping feature inside the right-of-way is enforceable at the county engineer's discretion. Once a permit is revoked by recorded written notice, the owner has 30 days under WCC 85.057 to remove the obstacle; failing that, the county removes it and recovers the cost of removal from the owner.

Frequently Asked Questions

Do I need a permit to put a fence or driveway in the county right-of-way?
Yes. WCC 85.056 requires an encroachment permit from the engineering division of the department of public works before building any obstacle or encroachment, including driveways, fences, landscaping, or decorative brick and stonework, inside a county road right-of-way.
How much does an encroachment permit cost?
The application requires a $25.00 service fee payable to Washoe County, plus a separate recording fee set by NRS 247.305 payable to the county recorder. The application must also include a scale drawing of the property line, roadway edge, and proposed encroachment.
Can the county revoke my encroachment permit later?
Yes. WCC 85.057 lets the county engineer revoke an encroachment permit at any time, with or without cause, by recording a written revocation and mailing notice to the current property owner. The owner then has 30 days to remove the encroachment before the county removes it and bills the cost back.
What if I need to close a road immediately in an emergency?
WCC 85.056(1) allows an emergency obstacle or encroachment requiring a full road closure outside business hours if the applicant first notifies the sheriff and fire departments with the location, timing, and extent of the work, then secures the permit the next business day unless the encroachment is removed before 8:00 a.m.

Sources & Official References

Other rules in Washoe County

All Washoe County rules

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