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Building

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1. Do I need a permit?

Most construction, alteration, or repair work requires a permit. There are some exceptions, which you will find under the Exempted Work provision of the Building Code.

2. May I combine my building, mechanical or plumbing permits into one permit?

We encourage you to combine all permit applications onto one application form. There is no additional cost for this, and it will simplify the plan review process. If you choose to separate the mechanical from the building permit, you will need to provide much of the information a second time, as well as separate plans.

A separate mechanical plan review fee is also charged. Many mechanical permits require an analysis of the building. Combining the plan review allows the same plans examiner to review the applications and perform the calculations one time. This will allow the contractor to use one permit number when calling in inspections.

3. Where can I apply for a permit?

You can apply for permits in the Planning and Community Development Department in the Planning/Public Works Building. The phone number is 253-922-8738.

4. Where do I get an electrical permit?

Tacoma Public Utilities handles all electrical permits and inspections for the City of Milton. You may contact them at 253- 503-8277. Their location is:
3628 S 35th Street
Tacoma, WA 98409

You can also visit their website for more information.

5. What is the Building code for the City of Milton?

The City of Milton does not have its own building code. The City has adopted the 2018 International Building Code, the 2018 International Residential Code, and the Washington State Amendments.

6. What are the permit fees for the City of Milton?

Permit fees are charged based on the work proposed according to adopted fee schedules. See the fee schedule (PDF) for fee information.

7. Can I do the work myself or do I need to hire a contractor?

A homeowner may work on their property if it is permitted and the work meets the exemption requirements of RCW 18.27.090.

8. May I start work before my permit is issued?

Work on a project may not legally begin before a permit is obtained and on the work site. Some clean-up and clearing may begin before the building permit is issued. Talk to an Inspector or the Building Official for more information.

9. Do I need a permit to reroof a building?

Yes. Residential re-roof applications are processed at the counter. Commercial projects will require an engineer’s analysis if the existing roof covering is to remain. For a commercial roof tear off and re-roof, the applicant will need to provide information about roof insulation.

10. Do I need a permit to replace a water heater?

Yes. Water heater applications are processed at the counter.

11. Do I need a permit for an espresso stand?

Yes. A building permit is required for any building in which someone is working.

12. Do I get a Certificate of Occupancy for my business?

No. Certificates of Occupancy (CO) are issued at the completion of a new building’s construction. New tenants are not issued a CO unless a change of use for the building has been approved by the City. New tenants may occupy their tenant spaces upon final approval of their permit inspection(s). The building’s Certificate of Occupancy is to be posted in the building.

13. Do I need a permit to build a detached storage shed?

There is an exception for one-story, detached storage buildings less than 200 square feet, so a permit may not be required. The shed may not encroach into the side yard setbacks.

14. Do I need a permit to build a deck?

A permit is required if the deck is more than 30 inches above grade.

15. How long will it take to get a permit?

The process of obtaining a permit is an interactive process. Several factors affect the length of time necessary to receive a permit:

• Completeness of plans
• Whether your submittal contain all of the required information
• How quickly the contact person responds to review comments
• Current workload of the plan review staff at the time of submittal
• The type of review required

Plan reviews for permit issuance are completed on a “first in – first out” basis.

16. What are the hours construction is allowed in the City of Milton?

Construction is allowed between the hours of 7 a.m. and 7 p.m. on weekdays and between 9 a.m. and 7 p.m. on weekends and legal holidays.

17. I am a contractor. Will I be required to get a City of Milton business license?

The City of Milton requires all businesses located within the city limits, or who conduct business within the city limits, to be licensed with the city. For clarification of your individual circumstances, please consult Title 5 of the Milton Municipal Code.

18. What do I need to know when hiring a contractor or remodeler?

If you intend to hire a contractor or remodeler, please “Shop Smart” and visit Washington State Department of Labor & Industries for more information.

19. Do I need an appointment to apply for a permit?

*During the COVID-19 situation please contact the Permit Technician for drop-off/pick up procedures.  Thank you.*

Appointments are not necessary to submit a permit, the permit counter is open M-F 8AM-3:30PM.  If you would like to schedule a private meeting with the Planner, Building Official or City Engineer to discuss your project please contact the Permit Technician at 253-922-8738.  There is a fee for the appointment.

20. How long will the review process for my project take?

The review process is impacted by:

• If your project is IRC (SFR and Duplexes) or IBC (Commercial) the review time could be different.
• The intake would determine if you are submitting the necessary documents.
• A more detailed intake review will be performed within 3-5 days and the application will be deemed complete in writing.
• Review time for IRC projects within 4-6 weeks, in order to provide first substantive review comments to the applicant.
• Review time for IBC projects within 6-8 weeks, in order to provide first substantive review comments to the applicant.
• Larger Commercial projects could vary in review time and we will notify the applicant accordingly.

21. Tips for small business owners

• Before applying for a permit, speak with the property owner or manager regarding any tenant improvements, as the owner will be required to sign all permit applications.
• Find the right professional to assist in the process.  Consider hiring an architect, planner or engineer to assist in the permitting process.
• Submit quality plans stamped by professionals.  Most projects will require plans stamped by a professional architect or engineer.
• Undertake research regarding the zoning code and design standards, the City’s website has information listed as well as the Milton Municipal Code.
• Compile a list of questions.  Most projects are interrelated between planning and building.  To better assist applicants, it is helpful to be able to discuss the full scope of the project.
• Contact the city early in your project.  Office hours are Monday through Friday 8AM-3:30PM

 

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Criminal Misdemeanors

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1. What is a misdemeanor and a gross misdemeanor?

In general, gross misdemeanors are offenses punishable by up to one year in jail and a fine of $5,000. Misdemeanors are those offenses punishable by up to ninety days in jail and a fine of $1,000.

2. What should a person accused of a crime expect to happen?

All persons accused of any crime that might result in a jail sentence have certain rights. The accused is advised of these rights at an arraignment, which is generally the first appearance in court on the citation or charge. It will be confirmed that the accused understands his/her constitutional rights as explained in the court session. The accused may hire private counsel to provide legal assistance. If the accused is financially unable to hire a private attorney and qualifies, a Public Defender may be appointed.

3. What hearing will I have to attend?

The first hearing you will attend is called an arraignment. At the arraignment, the Judge will advise you of your rights, tell you what charge(s) have been filed against you, and ask you to enter a plea of not guilty or guilty to each charge. As a general rule, another hearing requiring your presence will be scheduled after your arraignment.

4. How do I make sure I get notice of my hearing date?

The Court has to be able to contact you to tell you about hearings scheduled on your case. Usually this is done by mail but sometimes you will be told in person. You must attend all hearings. If you move and do not notify the Court of your new address, the Court will not be able to send you notice of hearing dates. You can notify the Court of your new address by calling 253-841-5450.

5. What happens if I miss a court date?

Showing up for court is mandatory. The Judge may issue a warrant for your arrest. If you have missed your hearing call the court at 253-841-5450 for further instructions.

6. What should I wear and how should I act in court?

Since all Court proceedings are recorded, courtrooms must be quiet. Everyone is asked to be quiet and respectful of those whose proceedings are being heard. There are no childcare facilities provided by the court. Children who become noisy will be required to stay in the hall outside the courtroom under adult supervision. Suitable attire is required, shoes and shirts are necessary. Hats are to be removed upon entering the Courtroom. No smoking, food, or drink will be allowed. You do not need to check with the Clerk unless your name is not on the list.

7. How do I get a lawyer/public defender?

The Washington State Bar Association can refer you to a lawyer who is experienced in the type of law you need. Additionally, the following agencies can assist with lawyer referral:

• King County Bar Association
• Tacoma-Pierce County Bar Association

If you have been charged with a misdemeanor at Milton Municipal Court and cannot afford an attorney, you may request a Public Defender at your arraignment.

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FAQs - Footer

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1. Do I need a building permit?

Most construction, alteration, or repair work requires a permit. There are some exceptions, which you will find under the Exempted Work provision of the Building Code. For full details please visit our Building Division.

2. How do I sign up for notifications?

To be instantly notified of alerts and emergencies subscribe to Notify Me® or RSS by category.

3. How do I report a code violation?

The Code Compliance Team is responsible for maintaining community compliance within the City of Milton Municipal Code. To report a new compliance issue, please fill out the Code Compliance Reporting Form. This form can then by submitted by email to the Code Compliance Team or by mail or drop box at 1000 Laurel Street, Milton, WA 98354.

The Code Compliance Team email should only be used for reporting non-emergency issues. If you have an emergency, please call 9-1-1 immediately. 

4. How do I make a public comment?

Citizens are welcome to comment on items relating to any matter during Regular Council meetings, which are on the first and third Mondays of the month. Please visit the City Council page for details, policy and procedure.

5. How do I check a permit?

Welcome to Citizens Connect! Visit our online permit portal to search permits, schedule inspections, and track permits. Please set up your account in order to access the system and start utilizing this portal.

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Shoreline Master Program (SMP)

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1. What is a Shoreline Master Program?

Shoreline Master Programs are both planning and regulatory documents. SMPs carry out the policies of the Shoreline Management Act on local shorelines. An SMP consists of:

• Comprehensive use plan
• Diagrams or other descriptive material
• Maps
• Standards for shorelines of the state [RCW 90.58.030(3)(b)]
• Statement of desired goals
• Use regulations

SMPs are based on state laws and rules and tailored to local geographic and environmental conditions and existing development patterns.

2. What is the Shoreline Management Act?

The Shoreline Management Act (SMA), RCW 90.58, provides a statewide framework for managing, accessing and protecting shorelines. Now more than 40 years old, the SMA reflects the strong interest of the public in our shorelines and waterways for recreation, protection of natural areas, aesthetics, and commerce.

3. Where does the Shoreline Management Act and the City’s SMP apply?

The Shoreline Management Act (SMA) applies to major water bodies and their adjacent shorelands throughout Washington State. The approximate 28,204 miles of shorelines in the State include:

• Marine waters.
• Streams over 20 cubic feet per second mean annual flow
• Water areas and reservoirs 20 acres and greater
• Upland areas called shorelands that are 200 feet landward of the Ordinary High Water Mark
• All associated wetlands

Within the City of Milton, the SMP applies to Surprise Lake and the Hylebos Creek, along with land within 200 feet of these shorelines.

4. What is the periodic review of the City’s Shoreline Master Program?

The Shoreline Management Act (SMA) requires a periodic review of comprehensively updated SMPs. Local governments must review amendments to the SMA and Ecology rules that have occurred since the master program was last amended, and determine if local amendments are needed to maintain compliance. Local governments must also review changes to the comprehensive plan and development regulations to determine if the SMP policies and regulations remain consistent with them.

Local governments should consider during their periodic review whether to incorporate any amendments needed to reflect changed circumstances, new information, or improved data. The Legislature has established a schedule for every community to complete these reviews. The first round of periodic reviews is due on or before June 30, 2019 for Snohomish, King, and Pierce counties and their cities and towns.

5. What laws or rules have been changed since the City’s SMP was last amended?

Ecology has prepared a checklist (PDF) of all laws and rules adopted, organized by year. The checklist is accompanied by a guidance document that explains each item. The City will review its SMP and determine if gaps exist between its regulations and newly adopted laws or guidance. Amendments will be prepared that bring the SMP into conformance with these rules and laws.

6. When was the last time the City’s SMP was adopted?

The City’s SMP was originally adopted in 1985 and was subsequently updated and adopted in 1995. The current SMP was formally adopted as a comprehensive update to its 1995 SMP on November 13, 2012. The City is now required to conduct a Periodic Review and adopt any necessary amendments to the SMP by June 30, 2019.

7. Is the public permitted to provide feedback on the proposed amendments to the City’s SMP?

Yes, in fact the Shoreline Management Act (SMA) requires public participation for all amendments. Ecology rules call for a public participation plan that should include broad dissemination of informative materials, proposals and alternatives, opportunities for written comments, public meetings after effective notice, provisions for open discussion, and consideration of and responses to public comments. The plan will ensure the public knows when to comment on the scope of the review and proposed changes, and when the City Council is expected to take formal action.

Comments will be accepted throughout the project, until the SMP is formally adopted. A community open is scheduled to provide the public with opportunities to speak with City staff in person and have their voices heard as decisions are made regarding amendments to the SMP. The public will also have an opportunity to comment at the public hearing where the City Council will consider proposed amendments to the SMP.

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Traffic Infractions

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1. What is an infraction?

Infractions are non-criminal violations of the law and include violations such as speeding, parking, code violations and animal complaints. Previously, many traffic and criminal violations were considered crimes, but in 1981 Washington joined a number of states in decriminalizing minor offenses which resulted in a major change in the way that the courts of limited jurisdiction deal with those offenses.

2. What must I do if I received an infraction?

Start by reading the entire back side of your notice of infraction (ticket). You must respond within fifteen days of the date that the ticket was issued. An infraction is not a crime, but failure to respond can result in the suspension of your driver’s license and you may be charged with a misdemeanor.

You can respond by either mailing the green ticket to the Court or bring it in person to the Clerk’s office. Select one of the boxes on the back of the ticket and verify your address. If you select box one you are electing to pay the amount of the penalty as shown on the front of the ticket.

3. What should I wear and how should I act in court?

Since all Court proceedings are recorded, courtrooms must be quiet. Everyone is asked to be quiet and respectful of those whose proceedings are being heard. There are no childcare facilities provided by the court. Children who become noisy will be required to stay in the hall outside the courtroom under adult supervision. Suitable attire is required, shoes and shirts are necessary. Hats are to be removed upon entering the Courtroom. No smoking, food, or drink will be allowed. You do not need to check with the Clerk unless your name is not on the list.

4. What is a mitigation hearing?

A mitigation hearing is where you admit you committed the violation, but wish to explain the circumstances of the infraction. To request a mitigation hearing you should check box two. The Judge, depending on the explanation and your record, may adjust the penalty. However, the Judge will not dismiss your ticket. As the Court is required to forward all committed traffic tickets to the Department of Licensing, it will appear on your driving record.

5. What is a mitigation hearing by mail?

You may present your circumstances to the Court by mail. Once a court date is set we will send out a mitigation by mail form (PDF) with your hearing notice, if you choose fill out the form and return before the date of your hearing. You will be notified by mail of the Court’s decision, the penalty amount, and the date the penalty is due.

6. What is a contested hearing?

If you believe you did not commit the violation then you should select box three and have a contested hearing. Unless you request the officer to be subpoenaed, the procedure at the hearing will be for the Judge to read the sworn statement of the officer. Then you may testify or present any evidence or witnesses that you wish.

If you want to have the officer present, you must advise the Clerk at least fourteen days in advance of your court date. As a result of a contested hearing, the penalty may stay the same, be reduced, or the ticket dismissed. In the event you have subpoenaed witnesses you may be required to pay court costs. A contested infraction hearing is a civil case and the Judge will decide the case based on the preponderance of the evidence.

7. What is a contested hearing by mail?

You may present your circumstances to the Court by mail. Once a court date is set we will send out a contested by mail form (PDF) with your hearing notice, if you choose fill out the form and return before the date of your hearing. If the infraction is found committed, you have no right to appeal the court’s decision. You will be notified by mail of the Court’s decision, the penalty amount, and the date that the penalty is due.

8. What is a deferred finding?

A deferred finding is an opportunity for you to have your traffic infraction dismissed. If the court grants a deferral, you must meet all of the conditions of the deferral for the infraction to be dismissed.

You may have a deferral for one moving and one non-moving infraction only once every 7 years anywhere in the state. You cannot commit another infraction within this deferral period. You must pay administrative costs in the amount of $200 or the assessed amount if higher on the face of your citation before the end of the deferral.

9. What is a deferred hearing by mail?

You may present your circumstances to the Court by mail. Once a court date is set we will send out a deferral by mail form (PDF) with your hearing notice, if you choose fill out the form and return before the date of your hearing. You will be notified by mail of the Court’s decision, the penalty amount, and the date the penalty is due.

10. May I have a lawyer at a contested hearing?

You may, at your own expense, have a lawyer appear and represent you at your hearing. If you are to be represented by counsel, the lawyer is required to file a notice of appearance with the Court prior to the hearing date. A separate hearing is held when lawyers are involved and it is necessary to have sufficient notice for scheduling.

11. Is there a right to appeal?

If you do not win at a contested hearing you have the right to appeal to the Superior Court of Pierce County. The notice of appeal must be filed within 30 days of the judgment. There will be various appeal costs, payable in advance, including a $200 Superior Court filing fee, a $40 record processing fee, and the possibility of an appeal bond.

If you appeal, the Superior Court will review the record that was made at the Municipal Court, but there will not be a new trial. The Clerk’s Office will provide you with the information about the appellate process and the forms necessary to file the appeal.

12. Will a traffic infraction appear on my driving record?

When you pay the penalty, mitigate, or if the Judge finds you have committed a traffic infraction at a contested hearing, the state law requires that the infraction be reported to the Department of Licensing. The infraction will then appear on your driving record. Neither the Court Clerk nor the Judge has the authority to keep the infraction off your record. If you win at a contested hearing and the infraction is dismissed, it is not reported to the Department of Licensing and will not appear on your driving record.

13. What if I do not pay my ticket or appear for a hearing?

A failure to pay or respond to the ticket within 15 days results in an order that the infraction was committed and you may be charged with a misdemeanor. If you ask for a hearing and do not appear, your payment is due immediately. When an infraction is not paid in a timely manner or a hearing is missed, a $52 late penalty is added to the amount shown on the ticket. Your license may then be suspended if the penalty is not paid following a notice to pay the increased penalty, and the account may be assigned to a collection agency.

14. What about a no liability insurance ticket?

If you receive a ticket for no insurance and you had insurance at the time of the ticket, you may file proof of insurance with the Court Clerk, pay $25 administrative costs,  and the charge will then be dismissed and not go on your driving record. If you obtained insurance after you were given the ticket, you may file proof of the insurance with the Court Clerk and your penalty will be reduced to $250 or you may request a mitigation hearing (box 2) to explain the circumstances and show your policy to the Judge. However, you must do either within the 15 day response time.

15. What is a Correction Notice?

If you receive a “correction notice” from the police officer, you have fifteen days to correct your vehicle’s equipment problem. Then have an officer of the Milton Police Department inspect the vehicle, sign the correction notice, and file it with the Court. Once the Clerk receives the signed correction notice, the infraction will be dismissed. Failure to respond within 15 days or to appear for a scheduled hearing may result in the suspension of driving privilege, the account may be assigned to a collection agency, and you may be charged with a misdemeanor.