The Land Use Code requires that many applicants to make improvements in the right-of-way as a part of a development project. There are three types of permits that could possibly be issued by the SDOT Street Use section in conjunction with private development. Further explanation is available on Client Assistance Memo 2209.

Group 1 – Over-the-Counter (OTC) permits that can be obtained any time prior to construction or installation of the improvement. Some examples of projects include plantings, or clearing vegetation on the right-of-way and/or construction of a driveway apron on a street with an existing curb.

Group 2 – OTC permits which should be obtained concurrently with a building permit. Some project examples include constructing or rebuilding walls, rockeries, fences or sidewalks; removing any trees from the right-of-way or any road or alley paving or grading.

Group 3 – Street Use Major permits (Type 45) that requires a submittal of 90% complete engineered plans 3 days PRIOR to a DPD intake appointment. Examples of these projects include residential, commercial or multi-use construction.

As a matter of policy, SDOT considers the public benefit of structures placed in the right-of-way when determining if a discretionary improvement such as a fence or rockery will be permitted. Several Group 2 permits include structures and/or encroachments into the right-of-way including awnings, overhangs, stairways, loading platforms, and fences, rockeries and walls, both structural and nonstructural. Applicants considering constructing stairways, loading platforms, fences, rockeries or structural or nonstructural walls in the right-of-way should contact SDOT as early as possible to determine if this improvement will be permitted. SDOT will assess whether the improvement is a benefit to the adjacent property or to the public. When an improvement benefits only the adjacent property it is unlikely that SDOT will issue a permit even if there was an improvement such as a fence, wall or other structure previously occupying a portion of the right-of-way.

Applicants will need to carefully review the right-of-way improvements required for their project. If the project falls into the type of improvements in Group 2 and are not reviewed and/or permitted by SDOT at the time the applicant is obtaining their building permit, the applicant may be required to make significant changes to their private property development plans to construct their project to the appropriate grade, consistent with SDOT standards and SMC Title 15.

With all of the permitting requirements, it is the sole responsibility of the applicant to obtain the necessary building permits for their building project. It will also be important to obtain and coordinate the required (if any) SDOT permits – prior to construction. It is also the responsibility of the applicant to ensure that all required permits are obtained prior to project construction. Problems that occur during construction that are due to the lack of coordination with SDOT are the responsibility of the Applicant.

The permitting fees and the cost of services provided by the City of Seattle vary based on the type, duration and construction associated with the Street Improvement Permit process. Permit and inspection fees are based on the number of hours required to complete the work.