Chapter 468-410 WAC

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.

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.

(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.

(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.

(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.

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.

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.