WSR 26-10-073
PROPOSED RULES
DEPARTMENT OF TRANSPORTATION
[Filed May 5, 2026, 3:58 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 26-06-079.
Title of Rule and Other Identifying Information: Chapter 468-410 WAC, Special highway uses—Special events within highway right-of-way.
Hearing Location(s): On June 9, 2026, at 1:00 p.m., virtual hearing in Microsoft Teams at https://bit.ly/WAC-468-410-June-9-2026; or dial in by phone at +1 206-531-0324,,377364105# for United States, Seattle, Conference ID 377 364 105#. Find a local number at https://dialin.teams.microsoft.com/039e7852-bef4-4986-949b-6b82f4e2095f?id=377364105. For further details about joining a Microsoft Teams meeting, visit https://aka.ms/JoinTeamsMeeting?omkt=en-US.
Date of Intended Adoption: June 9, 2026.
Submit Written Comments to: Jessi Henderson, P.O. Box 47344, Olympia, WA 98504-7344, email Jessi.Henderson@wsdot.wa.gov, beginning the date and time of this filing, by June 8, 2026, at 5:00 p.m.
Assistance for Persons with Disabilities: Contact Washington state department of transportation (WSDOT) Americans with Disabilities Act office, toll-free 855-362-4ADA(4232), TTY 711, email wsdotada@wsdot.wa.gov, by June 2, 2026.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Establish a new chapter of Title 468 WAC for special highway uses special events within the highway right-of-way. The purpose of this addition is to establish permitting requirements and conditions for special events conducted within a state highway right-of-way to ensure public safety and minimize disruption to highway operations.
Reasons Supporting Proposal: The process has been established for some time now and this rule would formalize the process. See https://wsdot.wa.gov/about/contacts/plan-event-state-highway.
Statutory Authority for Adoption: RCW 47.36.030, 46.61.405(1), 47.24.020, and 47.48.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSDOT, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jessi Henderson, headquarters transportation operations, 360-705-7289.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. This is not required because WSDOT is not subject to RCW 34.05.328 (5)(a)(i) and has not made RCW 34.05.328 applicable to this rule.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
Explanation of exemptions: Requirement for applying for a Special highway uses—Special events within highway right-of-way permit.
Scope of exemption for rule proposal:
Is fully exempt.
May 5, 2026
Sam Wilson, Director
Business Support Services
RDS-7036.1
Chapter 468-410 WAC
SPECIAL HIGHWAY USESSPECIAL EVENTS WITHIN HIGHWAY RIGHT-OF-WAY
NEW SECTION
WAC 468-410-010Purpose.
The purpose of this section is to establish permitting requirements and conditions for special events conducted within a state highway right-of-way to ensure public safety and minimize disruption to highway operations.
NEW SECTION
WAC 468-410-020Definitions.
For the purposes of this section:
(1) "Department" means the Washington state department of transportation (WSDOT).
(2) "Permittee" means any person, organization, or entity issued a special event permit under this section.
(3) "Special highway use" or "special event" means any organized activity conducted within a state highway right-of-way that may affect normal highway operations including, but not limited to, parades, filming activities, bicycle events, pedestrian events, concerts, festivals, funeral escorts or processions, car shows, and similar activities.
(4) "State highway" has the same meaning as provided in RCW 47.04.010 and includes state routes and interstate facilities under the jurisdiction of the department.
NEW SECTION
WAC 468-410-030Permit required.
(1) No person or organization may conduct a special event within a state highway right-of-way without first obtaining a special event permit issued by the department.
(2) An application for a special event permit must be submitted to the department no fewer than 90 calendar days prior to the proposed event date.
(3) The department may waive or modify the application deadline upon a showing of good cause or under special circumstances, as determined by the department.
NEW SECTION
WAC 468-410-040Coordination with state and local jurisdictions.
(1) For events involving state routes or interstate facilities, the permittee must submit the required application using the department's prescribed "Application for Special Events on State Highways" form available on the department's official website.
(2) The department may require a letter of acknowledgment or letter of agreement for events involving state routes or interstate facilities.
(3) For events that include city streets or county roads, the permittee is responsible for obtaining any required permits, letters of acknowledgment, or agreements from the applicable local jurisdiction(s) for traffic control or other related activities.
(4) The permittee shall ensure that all required approvals from affected jurisdictions are obtained prior to conducting the event.
NEW SECTION
WAC 468-410-050Safety requirements.
(1) The department shall issue a special event permit only when the proposed event provides for reasonable safety of participants, spectators, and other highway users.
(2) For purposes of this section, "reasonable safety" means that the event has been planned and will be conducted in a manner that:
(a) Minimizes the potential for conflict between participants, spectators, and other roadway users; and
(b) Maintains safe and orderly traffic operations to the greatest extent practicable.
(3) The department may impose conditions on the permit as necessary to ensure compliance with safety requirements.
NEW SECTION
WAC 468-410-060Indemnification.
As a condition of permit issuance, the permittee shall indemnify, defend, and hold harmless the state of Washington, its officers, employees, and agents from any and all claims, actions, suits, damages, or liabilities arising out of or in connection with the issuance of the special event permit or the conduct of the permitted event including, but not limited to, claims for personal injury, death, or property damage.
NEW SECTION
WAC 468-410-070Permit availability.
The permittee shall maintain a copy of the approved special event permit at the event site for the duration of the event and shall make it available for inspection upon request by the department or law enforcement.