Sidewalk & Pedestrian Rules in Waco, TX

If you live in Waco or are thinking about moving there, sidewalk & pedestrian rules are one of those things you probably won't think about until they affect you directly. Waco has 3 specific rules on the books covering different aspects of sidewalk & pedestrian rules, and some of them might surprise you.

Sidewalk Repair

Waco puts the job of keeping an abutting sidewalk, curb and driveway safe on the property owner or person using it, not the city. If a defect causes an injury or damages someone's property, the abutting owner or the person benefiting from the special use is primarily liable for the loss.

Key details: Who must maintain: Abutting property owner or person using the sidewalk. Liability: Owner primarily liable for injury from a defective sidewalk. Covers: Sidewalk, parkway, curb and driveway abutting the property. Repairs need permit: Fixes still require a Sec. 22-66 city permit.

There is no separate penalty clause tied to Sec. 22-80 or 22-81 beyond the civil liability itself: an owner who lets a sidewalk, curb or driveway abutting their property stay defective and hazardous is primarily liable in damages if that condition causes an injury or property loss. Any repair work undertaken to fix the hazard still has to go through the permit and specification requirements of the rest of Chapter 22, including city-engineer supervision.

Encroachment Permits

Anyone who wants to build, repair, or replace a sidewalk, curb, gutter, driveway or other concrete work on public property in Waco needs a permit from the city engineer first. The permit fee doubles if work starts before the permit is issued, and an unused permit is cancelled if work has not begun within 60 days.

Key details: Permit required: City engineer permit for sidewalk, curb, driveway work. Late-start penalty: Fee doubles if work starts before permit issued. Permit expiration: Cancelled if work not started within 60 days. Contractor bond: Bond required, 12-month maintenance obligation after work. Fee authority: Set annually by city council in the budget.

Doing sidewalk, curb, gutter or driveway concrete work on public property without first getting a Sec. 22-66 permit exposes the property owner or contractor to code enforcement and a doubled permit fee once the missing permit is discovered, on top of having to fully comply with the article's requirements anyway. A permit that sits unused for 60 days is automatically cancelled and its fees are kept by the city, so the work has to be re-permitted and re-paid for before it can start.

Obstruction Rules

Waco makes it unlawful to store, sell, or offer for sale any personal property from or upon a city street, sidewalk, alley, park, or other public property. Code Sec. 22-2 covers vendors and general obstructions, while Sec. 22-33 separately requires a public works permit before building materials can be staged in a street or right-of-way during construction.

Key details: General obstruction rule: No selling/storing property on sidewalks. Governing section: Code Sec. 22-2. Construction materials: Public works approval required, Sec. 22-33. Fine range: $1 to $500 per occurrence. Continuing violation: Each day is a separate offense.

Violating Section 22-2 or Section 22-33 is a Code of Ordinances misdemeanor subject to the general penalty in Section 1-14(a): a fine of not less than $1.00 nor more than $500.00 for each occurrence, with each day the obstruction continues treated as a separate offense under Section 1-14(c). The director of public works can also require removal of materials placed without the required construction approval.

The Bottom Line

Waco'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 Waco is broadly strict or permissive.

This guide is based on Waco's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.