Right of Way Use

What is Right of Way?

Right-of-way can be described as the land on which infrastructure is built. Infrastructure could be anything from a highway to an airport. Projects such as pipelines, power lines, or telephone facilities all require right of way. There are a number of related industries and professionals whose responsibilities overlap right of way. Some of these areas include soil and water conservation, construction, telecommunications, environmental consultants, title abstracting, and mapping.

Right of Way Construction Photo 2

Right of Way Use Ordinance

The City of Bainbridge Island adopted a Right-of-Way Use Ordinance (Ordinance No. 2014-24) in August of 2014 that provides for the issuance of right-of-way use permits in order to regulate activities within the city's rights-of-way and in the interest of public health, safety and welfare. Additionally, the ordinance provides for warranties and procedures required to administer the right-of-way use permit process per BIMC Chapter 15.12.


Right of Way Use Permits

The following types of right-of-way use permits are established with the fees noted:


Permit Type




 Type A - Short Term Use Temporary street and / or sidewalk closures or blockage ( Moving trucks/ vans, dumpsters, scaffolds, lifting equipment, house/modular/mobile moving, oversize loads, special events.  30 Days  $150
 Type B1- Disturbance of the Right-of-Way Disturbance of the surface or the subsurface of the right-of-way on a temporary or permanent basis ( boring, jacking, cutting, or pushing; culverts, curb cuts, handicap ramps, driveway approaches, curbs, gutters, and sidewalks, drainage, painting, paving, trenching, utility installation, road approaches, new streets/unopened rights-of-way)  30 Days  $250
 Type B2 - Annual Bulk Purchase Right-of-Way Permit Available to utility companies; (1) that fully comply with city engineering standards for road restoration using control density fill ( CDF for perpendicular cuts and full lane repaving for all other disturbances, and (2) guarantee restoration of any failures within 2 years of the final work day at the permitted site, (3) are secured by the required bonding.  1 Year  $500
 Each B1 Permit issued under Bulk Purchase Disturbance of the surface or the subsurface of the right of way on a temporary or permanent basis ( Ref. Type B1 above )  30 Days  $50
 Type C - Long Term Use Long-term right-of-way use for activities that will not further physically disturb the right of way once in place 5 Years  $250
 Type D - Franchised Utility Franchised utilities only; performing routine maintenance on existing overhead lines and entry into existing underground facilities. Does not authorize disturbance of the surface or subsurface. 1 Year  $1000

Right of Way Construction Photo 1

Additional Right of Way Information and Linked Forms