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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Nuisance section
BMC 10.28.020(Q), obstructions/excavations
Abatement notice
24 hours (falls in M-V category)
Summary abatement
No notice if imminent danger, BMC 10.28.040
Appeal
To hearing examiner within notice period
Violation
Misdemeanor, BMC 10.28.050
Permit route
Ch. 13.12/13.14 BMC lawful-permission permits

Summary

Bellingham declares any obstruction of a street, alley or sidewalk, and any excavation kept longer than needed or made without a permit, a public nuisance under BMC 10.28.020(Q). Enforcement officers can order abatement within 24 hours, and violating the chapter is a misdemeanor under BMC 10.28.050.

Each of the following, unless otherwise permitted by law, is declared to be a nuisance. ... Q. The existence of any obstruction to a street, alley, or sidewalk; and any excavation in or under any street, alley, crossing, or sidewalk which is prohibited by ordinance or which is made without lawful permission, or which, having been made by lawful permission, is kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time, which time shall not in any event be longer than the period specified in any permit issued therefor;

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 2026-06-015, passed June 1, 2026).

Full Breakdown

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. 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.

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. 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. 030(B)). 040). 035). 070).

Violations & Fines

Creating, maintaining or permitting a sidewalk or street obstruction under BMC 10.28.020(Q), or willfully refusing to remove one after notice, is a misdemeanor under BMC 10.28.050. Owners, occupants and their agents are all independently liable for permitting the nuisance, and abating the obstruction does not excuse a separate misdemeanor charge for having created or maintained it (BMC 10.28.050(E)). Courts may order abatement as part of sentencing, and the city can bill abatement costs as a collectible civil debt (BMC 10.28.030, 10.28.040).

Frequently Asked Questions

What counts as an illegal sidewalk obstruction in Bellingham?
BMC 10.28.020(Q) declares any obstruction to a street, alley or sidewalk a nuisance, plus any excavation in or under one that is prohibited by ordinance, made without lawful permission, or left in place after its permitted purpose or permit term has ended.
How much time do I get to remove a sidewalk obstruction after Bellingham notifies me?
Only 24 hours. Because obstructions fall in the M-through-V range of BMC 10.28.020, the enforcement officer must give 24 hours' notice to abate under BMC 10.28.030(B), far shorter than the seven-day notice given for nuisances like dead trees.
Can Bellingham remove my obstruction without warning me first?
Yes, if it poses an imminent danger to public health or safety. BMC 10.28.040 lets an enforcement officer summarily abate it without notice, then bill the cost to the responsible person as a collectible civil debt.
Can I appeal a Bellingham order to remove a sidewalk obstruction?
Yes. BMC 10.28.035 lets you appeal the abatement order to the hearing examiner within the time stated on the notice; the hearing examiner's decision is final, and any court challenge must be filed within 14 days of that decision.

Sources & Official References

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