A Right-of-Way (ROW) Construction Permit is required for construction activities within Benton County road rights-of-way located in unincorporated Benton County. The permit ensures that work performed within the public right-of-way protects public safety, preserves County infrastructure, and complies with Benton County standards, applicable regulations, and permit conditions.
A ROW Construction Permit is required for activities such as utility installation, roadway excavation, pavement restoration, drainage improvements, and other construction that disturbs or occupies the County right-of-way.
When is This Permit Required?
A Right-of-Way Construction Permit is generally required for work including, but not limited to:
- Utility installation, replacement, repair, or maintenance.
- Water, sewer, stormwater, gas, power, telephone, cable, and fiber installations.
- Roadway excavation.
- Open-cut roadway crossings.
- Bored roadway crossings.
- Roadway paving or pavement restoration.
- Drainage improvements.
- Culvert installation or replacement.
- Sidewalk, curb, or pedestrian improvements.
- Installation or relocation of public safety infrastructure, including fire hydrants and street lighting.
- Any construction activity that disturbs or occupies the County right-of-way.
A ROW Construction Permit is required whether the work is performed by a utility company, contractor, developer, governmental agency, or private property owner.
Franchise Agreements?
Utility companies or agencies with an active franchise agreement with Benton County are authorized to occupy the County right-of-way under the terms of their approved franchise agreement.
A franchise agreement does not eliminate the requirement to obtain a Right-of-Way Construction Permit.
All construction, maintenance, repairs, or utility installations within the County right-of-way require a ROW Construction Permit prior to the start of work.
Applicants Without a Franchise Agreement
Applicants who do not have an active franchise agreement with Benton County may also be required to obtain an Encroachment Permit, depending on the scope and nature of the proposed work.
Applicants without a franchise agreement are generally required to provide a Performance Surety Bond to guarantee restoration of the County right-of-way should the work not be completed in accordance with the permit requirements and Benton County standards.
Performance Surety Bond Requirements
The Performance Surety Bond guarantees the restoration of the County right-of-way if the work is not completed in accordance with the permit requirements.
The bond amount is based on the estimated cost to restore the County right-of-way, including roadway excavation, pavement restoration, drainage improvements, traffic control, surface restoration, and all other work necessary to return the right-of-way to Benton County standards.
Bond Estimate
Benton County Public Works will prepare the engineer's estimate used to establish the required bond amount. To develop an accurate estimate, applicants must provide sufficient project information describing the proposed work, including the location, dimensions, quantities, materials, and construction methods necessary to evaluate the project.
The County's engineer's estimate is prepared using current Washington State Department of Transportation (WSDOT) Unit Bid Prices together with applicable Washington State Prevailing Wage Rates.
As an alternative, applicants may submit an engineer's estimate prepared, signed, and stamped by a Washington State licensed Professional Civil Engineer. Benton County Public Works will review the submitted estimate and may accept it or request additional information or revisions if necessary to accurately establish the required bond amount.
Once the engineer's estimate has been approved, Benton County Public Works will determine the required bond amount and provide the applicant with the required bond forms prior to permit issuance.
The Performance Surety Bond shall remain in effect for the period specified by Benton County to ensure satisfactory completion and restoration of the work.
Application Requirements
The Right-of-Way Construction Permit application is available only through Benton County's Citizen Self Service (CSS) Portal.
Applications shall include the required project information and supporting documents listed below.
Required Information
- Description of proposed work
- Project location
- Road name(s)
- Planned start date
- Planned completion date
- County Section, Township, and Range
- Utility type
- Crossing method (Open Cut or Bore)
- Franchise information (if applicable)
Franchise Application Completeness
Benton County Public Works reviews applications in the order they are received.
To avoid delays, applicants should ensure that all required information and supporting documentation are submitted with the application.
Incomplete applications will not be accepted for review.
Applications missing required information, supporting documents, or other required materials will be considered incomplete and will not enter the review process until all required information has been submitted.
Public Works may request additional documentation or revised plans during the review process to evaluate compliance with County standards and permit requirements.
Review Process
Benton County Public Works will begin its technical review only after a complete application has been received.
Once a complete application has been submitted, the review process generally consists of the following:
- Public Works reviews the proposed work for compliance with Benton County standards and permit requirements.
- Review comments are provided if revisions or additional information are required.
- Revised documents are submitted until all review comments have been satisfactorily addressed.
- Bond requirements (when applicable) are finalized.
- The permit is issued once all requirements have been satisfied.
Construction shall not begin until the permit has been issued.
Inspections
Benton County inspectors perform inspections throughout construction to verify compliance with the approved permit, Benton County standards, and applicable specifications.
Typical inspections include:
- Pre-construction inspection
- Utility installation inspection
- Trench backfill inspection
- Pavement restoration inspection
- Final inspection
Additional inspections may be required depending on the scope of work.
Construction shall not proceed beyond required inspection points until approval has been received from Benton County Public Works.
Final Approval
Upon completion of construction:
- Benton County will perform a final inspection.
- Pavement restoration, drainage facilities, utilities, and disturbed areas shall be restored in accordance with County standards.
- Temporary traffic control devices shall be removed.
- Construction debris and excess materials shall be removed from the right-of-way.
- Any deficiencies will be documented and provided to the permit holder for correction prior to final approval.
For bonded projects, the Performance Surety Bond shall remain in effect for the period established by Benton County.
Before You Apply
The Right-of-Way Construction Permit application is available only through Benton County's Citizen Self Service (CSS) Portal.
Before beginning your application, gather the required information and documents listed below. Applications that are incomplete or missing required documentation will not be accepted for review.
Required Documents
Traffic Control Plan (TCP)
A Traffic Control Plan (TCP) is required for all work performed within the County right-of-way.
The TCP shall comply with the current Manual on Uniform Traffic Control Devices (MUTCD) and clearly illustrate how vehicles, pedestrians, and workers will be safely accommodated throughout construction.
Right-of-Way Construction Permit Conditions
Applicants are required to review, sign, and upload the Benton County Right-of-Way Construction Permit Conditions form.
The signed Conditions form acknowledges that the applicant has read, understands, and agrees to comply with the permit requirements and conditions governing work within the County right-of-way.
The Conditions form can be downloaded from the Benton County Public Works website.
Site Plan
A detailed site plan is required with every application.
The site plan shall clearly identify the proposed work within the County right-of-way and include sufficient information for Public Works to evaluate the project, including, as applicable:
- Project location
- Road name(s)
- Limits of work
- Existing and proposed utilities
- Existing and proposed roadway features
- Easements (when applicable)
- Dimensions and offsets
- Construction limits
- Utility crossings
- Culverts, drainage features, and other affected infrastructure
The site plan should provide enough detail for Public Works to clearly understand the scope of the proposed work.
Permit Conditions Additional Requirement for Applicants Without a Franchise Agreement
Applicants who do not have an active franchise agreement with Benton County may be required to provide a Performance Surety Bond.
To establish the required bond amount, Benton County Public Works prepares an engineer's estimate based on the proposed work. Therefore, the site plan and supporting information must include sufficient detail to accurately determine construction quantities.
This information may include, as applicable:
- Excavation dimensions
- Trench lengths, widths, and depths
- Pavement removal and restoration areas
- Culvert sizes and lengths
- Pipe sizes and lengths
- Material quantities
- Surface restoration limits
- Traffic control requirements
- Other information necessary to accurately estimate construction costs
As an alternative, applicants may submit an engineer's estimate prepared, signed, and stamped by a Washington State licensed Professional Civil Engineer.
Providing complete and accurate information at the time of application helps avoid delays in permit review and bond processing.
Before you Begin Your CSS Application
Before starting your application, verify that you have:
☐ A completed Traffic Control Plan (TCP).
☐ A signed Right-of-Way Construction Permit Conditions form.
☐ A detailed site plan showing the proposed work.
☐ Sufficient project information for Public Works to prepare the engineer's estimate (if a bond is required), or a stamped engineer's estimate prepared by a Washington State licensed Professional Civil Engineer.
☐ All project information is complete, accurate, and ready for upload through the CSS Portal.
Incomplete applications or applications missing required documentation will not be accepted for review.
Questions?
If you have questions regarding Right-of-Way Construction Permits, application requirements, bonding requirements, traffic control plans, inspections, or the permit review process, please contact Benton County Public Works Development Review before submitting your application.
Email: pwpermits@co.benton.wa.us
Phone: (509) 786-5611
Public Works staff are available to assist applicants with application requirements, permit procedures, inspection scheduling, bonding requirements, and construction within the County right-of-way.