Midland's Sidewalk & Pedestrian Rules: The Rules That Matter

Every city handles sidewalk & pedestrian rules a little differently. In Midland, Texas, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Sidewalk Repair

In Midland, the owner of property abutting a defective, unsafe, or hazardous sidewalk must repair it at their own cost within 30 days of written notice from the Director of Engineering Services.

Key details: Who repairs: abutting property owner, own cost. Notice period: 30 days from written notice. Issued by: Director of Engineering Services. Liability rule: owner primarily liable for damage.

Missing the 30-day repair deadline exposes the owner to the Code's general penalty (up to $500 per day) and civil liability for injuries the defective sidewalk causes.

Obstruction Rules

Midland presumes anything blocking more than 40 percent or four feet of a sidewalk's width, or hanging lower than seven feet overhead, is an illegal right-of-way obstruction unless the City Manager has issued a permit.

Key details: Clear width required: 60% or 4 ft. Clear height required: 7 ft minimum. Who's presumed liable: Abutting property owner. Permit authority: City Manager or Council.

Unpermitted obstructions can be removed by the City Manager; each day is a separate offense, punishable by a fine up to $500 under Sec. 1-3-1.

Encroachment Permits

Before digging, building, or running utility lines in a Midland street or right-of-way, ROW users must get a ROW license or use permit from Development Services: no work may start without one.

Key details: Permit issuer: Dept. of Development Services. Required before: excavation, construction, utility work. Insurance minimum: $1 million liability and property damage. Applies to: franchisees and telecom providers too. Enacted: Ordinance 8392, 2006.

Working in the right-of-way without an approved ROW license or use permit is prohibited; the City can halt unauthorized work and pursue the Code's general penalty: up to $500 per day, per violation.

The Bottom Line

Midland's sidewalk & pedestrian rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Midland is broadly strict or permissive.

All of the above reflects Midland's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.