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:

  • Construction
  • Environmental consultants
  • Mapping
  • Soil and water conservation
  • Telecommunications
  • Title abstracting
Right of Way Use Construction Vehicle Holding Cones

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
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
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
  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
 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 (Reference Type B1 above )
30 Days
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
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

Right of Way Use Ordinance

Right of Way Use Ordinance

Man Operating Backhoe