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Spokane Valley council advances two ordinances revising right-of-way permit rules
Summary
The council voted unanimously to move two ordinances revising how the city regulates right-of-way permits, moving procedural language out of the development code and adding a new chapter to clarify exemptions, fees and nuisance enforcement.
Spokane Valley city council members on May 20 advanced two related ordinances that revise the city's rules for right-of-way permits and how enforcement is handled.
Engineering Manager Jeremy Clark told the council that the main purpose of ordinance 25-007 is to "remove the right of way permit procedures and process from the development regulations" and to clarify language that has caused confusion for permittees. Clark said the change aims to avoid interpreting routine maintenance as requiring the development-permit procedures now listed in chapter 17.80.
A separate, companion measure, ordinance 25-008, would adopt a new chapter 9.50 and amend chapter 7.05 to update permit procedures and link enforcement to the city's nuisance code. Tony Beatty, who introduced the pair, said 9.50 clarifies exemptions such as brief (two hours or less) work that maintains travel lanes, owner-provided landscaping outside the right-of-way, and revises insurance and fee language. Under the proposed fee language, failure to obtain a required permit would double the permit fee and require the permit be obtained after the fact.
Clark and Building Official Jenny Nickerson answered council questions about the Planning Commission review; Clark said the Planning Commission hearing had already occurred and that the commission's recommendation was recorded in the packet (he said the recorded vote on the findings should read 6-0 after a scrivener's correction). No new public hearing was held at the council meeting because the Planning Commission had held one.
Council members asked clarifying questions about exemptions and consistency with neighboring jurisdictions; staff said the changes were generally consistent with other cities and emphasized the primary goal of ensuring safe access on roadways. After discussion, council members voted to advance both ordinances to second reading. The motions passed unanimously.
The changes will return to council at a future meeting for a second reading and potential final adoption.
