Bellingham, WA Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

BMC 10.28.020 opens "Each of the following, unless otherwise permitted by law, is declared to be a nuisance," then lists 22 categories, subsection (Q) of which is the sidewalk and street obstruction rule: any obstruction to a street, alley or sidewalk, and any excavation in or under a street, alley, crossing or sidewalk that is either prohibited by ordinance, made without lawful permission, or kept and maintained after its purpose is accomplished or beyond the time specified in any permit issued for it. The "lawful permission" the section references runs through Chapter 13.12 BMC's street obstruction permits and Chapter 13.14 BMC's temporary right-of-way use permits, so work authorized under one of those permits, kept within its term, is not a nuisance under this section.

"Enforcement officer" is defined broadly in BMC 10.28.010 to include any police officer, the city code enforcement officer, the fire chief, the directors of public works and planning and community development, and the director of the Bellingham and Whatcom County district department of health, or their delegated representatives. Because subsection (Q) falls within the M-through-V range of the nuisance list, BMC 10.28.030(B) requires the enforcement officer to give the responsible person notice to remove or abate the obstruction within 24 hours before referring the matter to municipal court; the shorter clock is deliberately faster than the seven-day notice given for the A-through-L nuisances like dead trees or graffiti.

If the obstruction is not abated in that window, the officer can either summon the person into municipal court or have the city remove the obstruction and bill the cost as a civil debt against the responsible person (BMC 10.28.030(B)). Where the obstruction poses an imminent danger to public health or safety, an enforcement officer can skip notice entirely and summarily abate it, again billing the cost as a civil debt (BMC 10.28.040). A person notified to abate may appeal to the hearing examiner within the abatement period stated on the notice; the hearing examiner's decision is final, and a court challenge must be filed within 14 days of that decision (BMC 10.28.035).

The city can also negotiate a written voluntary compliance agreement in lieu of a contested enforcement action, unless the obstruction poses an imminent risk, is a repeat violation, or the owner already broke a prior compliance agreement (BMC 10.28.070).