What is the "Right of Way"?
The public owns the “Right of Way” – including all property under, on and above roadways and sidewalks, usually extending 10 to 20 feet outside the roadway. The Right of Way almost always extends into what appears to be private property. But, all Right of Way is shared public property.
Our shared Right of Way supports many uses:
- Roadway, shoulder, curb & gutter, sidewalks, driveways, mailboxes, traffic signs, streetlights, and stop lights
- Vegetation and street trees
- Many utilities: water and sewer pipes, telephone and power lines, natural gas lines, utility meters and service access boxes, and stormwater drains and catch basins
Who decides what can be done in the Right of Way?
The City serves as “trustee” of the Right of Way, and is required by law to manage all uses and structures in the Right of Way.
As trustee of the Right of Way, the City requires permits for:
- Any private or residential use of Right of Way including: replacement or modifications to driveways, any sidewalk repairs, and installation of irrigation systems.
- Any work that disrupts traffic flow, restricts access to the Right of Way, or modifies structures within the Right of Way.
Nearby property owners, public and private utilities, and construction companies must apply for a permit for any & all work within the Right of Way (or “ROW”).
Assistance
Staff in the Street Systems Division of the Public Works Department can assist in the early stages of planning to help determine if a right of way use permit is necessary. It can also advise of any problems that may be encountered or revisions that may be needed to meet city codes or other regulations. If a permit is required, please plan to submit your application at least two weeks prior to your desired project/event start date. Contact the ROW permit desk at 253.835.2725 or row.permits@federalwaywa.gov for more details.
Digging more than a foot deep in the public right of way, even to plant a shrub, may encounter power lines or other utilities. In addition to the obvious life-safety concerns, there may be liability for damage to any utility encountered. Call 8.1.1 before you dig, it's the law.
2025 Right-of-Way Permit Application
2025 Oversized/Overweight Load Permit Application
2025 Request for Scheduled Overtime Inspection
Sample Plans
Site Plan Curb, Gutter, Sidewalk, Driveway
Site Plan - Driveway and Ditch
Sample Traffic Control Plans
Bond Forms