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

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

Key Facts

Nuisance rule
Vegetation overhanging a sidewalk or street that impairs passage
Sidewalk clearance
Ten feet high over sidewalks
Road clearance
Fourteen feet high over streets
Penalty
Misdemeanor after the correction date passes
Maximum fine
Not more than $1,000.00, or ninety days, or both
Obstruction permit
Right-of-way access permit under section 12.16.010

Summary

In the City of Lacey, Washington, vegetation that overhangs a sidewalk or street so as to obstruct or impair free and full passage is a declared public nuisance. Allowing it to continue past the correction date set by a city enforcement officer is a misdemeanor, and fixed obstructions in the right-of-way need a permit.

F. The existence of dry grass, weeds, shrubs, trees or other vegetation on property which because of its height or density constitutes a fire hazard or which overhangs any sidewalk, street, or abutting property in such a manner to obstruct or impair the free and full passage along said sidewalk or street or the use of said abutting property; ... It is unlawful for any person to participate in, cause or maintain, or allow to exist on property owned or occupied by said person, any of those conditions or activities listed in LMC 9.52.010. ... Allowing those conditions described in LMC 9.52.010(B), (C), (D), (F) and (G) to exist after the date set for correction by a city enforcement officer pursuant to Chapter 14.40 LMC shall likewise constitute a misdemeanor.

Full Breakdown

Section 9.52.010(F) of the Lacey Municipal Code declares a nuisance for dry grass, weeds, shrubs, trees or other vegetation on property that, because of height or density, is a fire hazard, or that overhangs any sidewalk, street or abutting property so as to obstruct or impair the free and full passage along the sidewalk or street or the use of the abutting property. Section 9.52.020 makes it unlawful for any person to participate in, cause or maintain, or allow such a condition to exist on property the person owns or occupies. Chapter 14.40 LMC supplies the correction process through which a city enforcement officer sets the date for correction.

The tree chapter sets the measurable standards for the City of Lacey. Under section 12.20.040(A), sidewalk clearance is ten feet high and road clearance is fourteen feet high. Section 12.20.030(D)(3) requires street trees to be maintained so they do not obstruct the free use of the right-of-way, including clearance for sight visibility, traffic signage and signals, and pedestrian and vehicular use of streets and sidewalks. Section 12.20.050(A) declares a public nuisance any tree on public or private property that obstructs the free passage of pedestrian or vehicular traffic or public street lighting. The city can abate it and charge the property owner, and a nuisance determination can be appealed to the hearings examiner within fourteen days, except an emergency abatement.

Physical obstruction of the right-of-way is a separate permit matter. Section 12.16.010 requires a right-of-way access permit before anyone obstructs, excavates or installs any facility in the city right-of-way, and the covered list includes fences, curbs, sidewalks and any manner of obstruction that occupies the right-of-way. Under section 12.16.020, if the traveled way will be obstructed, the police department and fire department must be notified. Section 12.16.015 exempts city employees, normal franchised utility maintenance and emergencies where a permit cannot be obtained first.

Violations & Fines

Allowing an overhanging vegetation nuisance to exist after the correction date set by a city enforcement officer is a misdemeanor under LMC 9.52.020. Under section 1.12.010, a misdemeanor conviction in the City of Lacey carries a fine of not more than $1,000.00, imprisonment not to exceed ninety days, or both, and every day a violation continues is a separate offense. Obstructing the right-of-way without a permit violates Chapter 12.16, which section 12.16.070 makes a misdemeanor.

Frequently Asked Questions

Is it illegal to let bushes or branches block a sidewalk in Lacey?
Yes. Section 9.52.010(F) declares a nuisance vegetation that overhangs a sidewalk, street or abutting property so as to obstruct or impair free and full passage. Section 9.52.020 makes it unlawful to allow that condition on property you own or occupy, and a misdemeanor if it continues past the date set for correction.
What clearance must Lacey sidewalks and streets have under branches?
Section 12.20.040(A) sets sidewalk clearance at ten feet high and road clearance at fourteen feet high. Branches that overhang sidewalks or streets must be pruned to that vertical clearance so they do not interfere with public travel. The adjacent private property owner or community association is responsible.
Can I put a fence or other object in the Lacey right-of-way without a permit?
No. Section 12.16.010 requires a right-of-way access permit before anyone obstructs, excavates or installs any facility in the city right-of-way, and the section names fences, curbs, sidewalks, signposts and bus shelters. The only exemptions in section 12.16.015 are city work, normal franchised utility maintenance and emergencies.
What happens if I ignore a Lacey notice about a tree blocking the sidewalk?
If the nuisance is not abated by the date in the notice, section 12.20.050(B) lets the city abate it and charge the reasonable cost to the property owner, with a lien or assessment on taxes for unrecovered costs. The owner can also be subject to prosecution. An immediate abatement for an emergency hazard cannot be appealed.

Sources & Official References

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