13.10.050 Permit exemptions.
Right-of-way use Type B through E permits will not be required for:
(1) Activities requiring a license or permit pursuant to the general business license and regulations of Title 6 SCC.
(2) Utility purveyors with a franchise or a Type C10 permit when responding to emergencies that require work in the right-of-way such as repair of water or sewer main breaks, gas leaks, downed power lines or poles, except for when the new pole placement is substantially different from the original; provided, that the responding utility purveyor shall notify the department, verbally or in writing, as soon as practicable following onset of an emergency and shall apply for an appropriate right-of-way permit at that time.
(3) The installation of mailboxes or newspaper delivery receptacles; provided, that the engineer may order such facilities moved or removed if the engineer believes the facilities have been constructed or located so as to constitute an unsafe condition.
(4) Road maintenance activities and road construction projects undertaken directly by or under contract with the department of public works, except that the engineer may require right-of-way use permits when the contract is for the construction of improvements proposed by a private land developer. At the discretion of the engineer, relocation of utilities to provide for activities and construction undertaken directly by or under contract with the department may also be exempt when review and inspection will be conducted as part of the department’s policies.
(5) Temporary political signs. As right-of-way is found to be part of a traditional public forum, temporary political signs may be placed within the opened right-of-way; provided, that each of the following conditions is met:
(a) Persons placing such signs in the opened right-of-way shall comply with all applicable laws, rules and regulations governing political advertising and campaign contributions, including chapters 42.17 and 42.17A RCW and chapter 390-18 WAC.
(b) Such signs shall not create a traffic safety hazard by obstructing sight distance requirements in accordance with the EDDS adopted under chapter 13.05 SCC, or block access for vehicles or pedestrians.
(c) Such signs shall not be placed on or within the portion of the roadway used for either the passage or parking of vehicles or for pedestrians.
(d) Such signs shall comply with all applicable laws, rules and regulations governing the size, design, location and placement of signs, including, but not limited to, WAC 468-66-050, SCC 30.27.010, the EDDS and SCC 30.27.070.
(e) If placed within a right-of-way area maintained by the abutting property owner, or organization, permission must be obtained from such owner or organization prior to sign placement.
(f) Such signs shall be freestanding, and not attached to any utility structure or pole; traffic sign, device or guardrail; tree or shrub; or any other structure within the opened right-of-way.
(g) The maintenance, removal, and liability due to placement of such signs shall be the sole responsibility of the person(s) or organizations placing them. The county will assume no responsibility nor liability for such signs, and reserves the right to remove, without notice, signs not complying with this section.
(6) Litter control or other roadside improvement activities conducted under the department of public works’ adopt-a-road program.
(7) Trimming, pruning, or removal, by an abutting property owner, of weeds, grass, brush, blackberries and other similar vegetation located on the first 10 feet of an unopened deeded right-of-way abutting the property at issue; provided, that:
(a) Significant trees, as that term is defined in Title 30 SCC, shall not be removed; and
(b) Any landscaping existing in the unopened right-of-way placed pursuant to a Type C, D3 or D4 permit shall not be disturbed.
(8) Construction projects and land disturbing activities conducted by a county department in the right-of-way when construction plans for the project or activity are approved by the engineer. At the discretion of the engineer, relocation of utilities to provide for activities and construction undertaken directly by or under contract with the department may also be exempt when review and inspection will be conducted as part of the department’s policies.
(9) Activities performed by the surface water management division related to the protection of public infrastructure or implementation of provisions of the Federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) as administered by the Washington State Department of Ecology through issuance of the National Pollutant Discharge Elimination System Phase I Municipal Stormwater Permit under chapter 90.48 RCW. (Added by Ord. 85-051 § 3, July 3, 1985; Amended by Ord. 96-028 § 13, June 12, 1996, Eff date June 29, 1996; Amended by Ord. 02-098, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 08-078, June 25, 2008, Eff date July 7, 2008; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012; Amended by Ord. 13-051, July 31, 2013, Eff date Aug. 12, 2013; Amended by Amended Ord. 20-081, Jan. 20, 2021, Eff date Jan. 30, 2021).