Development Work Within the Right-of-Way

Director’s Interpretation on Development Work Within the Right-of-Way (ROW)

In 2020, the information needed to get permission for using or improving the county road was moved to different parts of the Kitsap County Road Standards (KCRS). This made it difficult to find the information without looking through multiple sections of the KCRS.

The following Director’s Interpretation (DI) signed by the Department of Community Development (DCD) Director and the County Engineer clarifies when you need a Site Development Activity Permit (SDAP) for work in the Right-of-Way (ROW).

Interpretation

• If you want to connect to a drainage system in the ROW, you need an SDAP. The new road and associated drainage become infrastructure that must be tracked by Kitsap County Public Works. (KCC 12.10.030)
• ROW permits must meet the engineered requirements for an SDAP. [KCRS Section 1.5(5)]
• Plans for building or rebuilding a road must meet the same requirements as SDAP submissions. (KCRS Section 6.4)
• Any improvements made to the County ROW needs to be recorded in as-builts, by a professional engineer. (KCRS Section 8.3)
• The director may require SDAP application documents to be prepared by a professional civil engineer to make sure the road and associated systems meet the standards set by the Kitsap County Stormwater Design Manual (KCSDM) and the KCRS. [KCC 12.10.060 (3)]
• Before getting a building permit, the applicant must complete the required improvements for the ROW permit. This means the ROW SDAP needs to be approved, completed, and as-builts must be submitted before a building permit is issued. (KCRS Section 10)

Decision

An engineered SDAP is required to use or improve any portions of the Right-of-Way.

Exemption

Utilities installation and maintenance activities [KCC 12.08.290 and 12.10.040 (4)] are not subject to this SDAP requirement.

A link to the full DI can be found at Code Interpretations and Determinations.

June 7, 2023
CONTACT: Alicia Adler; aadler@kitsap.gov