Executive/Council Action Form (ECAF)
ITEM TITLE:
Title
Ordinance 25-067, relating to right-of-way use permits; adding and amending fees and permit types; amending Chapters 13.02, 13.30, 13.40, 13.50, 13.60, 13.70, 13.80, and 13.110 of the Snohomish County Code
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DEPARTMENT: Public Works
ORIGINATOR: Nathan Howard
EXECUTIVE RECOMMENDATION: Approved by Ken Klein 10/6/25
PURPOSE: Approval of amendments to Title 13 of the Snohomish County Code (SCC) to update non-land development right-of-way (ROW) use permit types, conditions, and fees; adding new permits for data collection devices (e.g. license plate readers) and utility franchise pre-designs; and establishing a utility ROW use fee as a condition for franchise agreements.
BACKGROUND: A staff report is attached to this ECAF that gives more detailed information.
Permit Fee Increases to Recover Costs
• Snohomish County’s (the County) Department of Public Works (DPW) is proposing fee increases for non-land development ROW use permits covered by Title 13 of the SCC to recover the costs of processing and executing these permits. Title 13 permits cover any use of the public ROW beyond incidental transportation purposes.
o DPW recently completed a cost of service analysis for non-land development Title 13 permits to ensure the new fees cover the costs of DPW to issue and manage these permits.
o Most Title 13 fees for non-land development ROW use permits have not been revised since 1991.
o In 1991, the County recovered approximately 89% of the costs for these permits.
o In 2024, the County only recovered approximately 34% of the costs for these permits, which is approximately $770,000 less annually than the cost to review/execute those permits.
o The proposed ordinance increases non-land development fees to recover the total cost of reviewing and executing these permits.
o The proposed ordinance institutes a 3% annual fee increase to help keep up with inflation.
Other Permit Process and Condition Improvements
• The ordinance makes corrections for permit types that have out-of-date names, lack conditions, or have other issues related to how permits are processed that can create confusion.
Permits for Overweight Vehicle Road Usage
• Existing permits for overweight vehicles (Type B2) authorize overweight vehicles to use county roads but currently rely on a flat fee, regardless of how much excess weight a vehicle carries. Since heavier loads accelerate pavement deterioration, a road usage fee for overweight vehicles based on the excess weight of the vehicle and mileage would offset costs to roadway wear and tear.
• Washington State Department of Transportation (WSDOT) implements a graduated fee based on the amount of excess weight per mile for trips involving trips on state highways.
• The proposed ordinance recommends incorporating WSDOT’s graduated fee table that is based on the excess vehicle weight per mile.
Permits for Road Closures for Non-Profit Runs/Parades
• Existing permits for road closures for non-profit runs/parades (Type A) permits currently are a flat fee for all events, with the only variation applied to late submissions.
• Larger events require extra staff time for review, compliance checks, signage installation, and related tasks. Applications involving a bridge closure are also routed to bridge staff.
• The proposed ordinance recommends a separate rate for small events and large events. It also recommends an additional fee for events involving a bridge closure. These fee increases would more closely align with the actual costs to review, implement, and enforce such permits.
Data Collection (License Plate Reader) Permits
• The County has received requests from the Sheriff’s Office and law enforcement from other jurisdictions to allow license-plate readers and similar devices to be installed within the public ROW. Title 13 doesn’t include specific conditions for processing these types of permits.
• The proposed ordinance recommends creating a new permit type for data collection devices, and establishes fees and conditions for those permits.
Utility Pre-Design Review
• Snohomish County’s Engineering Design and Development Standards requires utilities to complete a pre-design review application. The county processes approximately 160 of these annually, requiring significant staff time that is not reimbursed.
• The proposed ordinance recommends a new permit fee and process for these utility pre-design reviews.
FISCAL IMPLICATIONS:
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EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU |
CURRENT YR |
2ND YR |
1ST 6 YRS |
|
Road Fund 102 |
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TOTAL |
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REVENUE: FUND, AGY, ORG, REV, SOURCE |
CURRENT YR |
2ND YR |
1ST 6 YRS |
|
102 3064444321 Right-of-Way Use Permit Fees |
$0 |
$771,000 |
$3,855,000 |
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102 Utility Pre-Design Review Permit Fees |
$0 |
$32,000 |
$160,000 |
|
102 Utility Right-of-Way Use Fees |
$0 |
$17,000 |
$85,000 |
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TOTAL |
$0 |
$820,000 |
$4,100,000 |
DEPARTMENT FISCAL IMPACT NOTES: New revenue DACs may be created for Utility Pre-Design Review Permit Fees and Utility Right-of-Way Use Fees.
CONTRACT INFORMATION:
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AMENDMENT |
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Contract Period
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ORIGINAL |
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AMENDMENT |
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OTHER DEPARTMENTAL REVIEW/COMMENTS: Reviewed/approved by Finance - Nathan Kennedy 10/3/25. AATF: Alethea Hart