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Abilene, TX Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

License required
Before any private encroachment on ROW
Applications to
Director of Public Works, on City form
Approval up to 30 days
City Manager decides
Approval over 30 days
City Council decides
Appeal window
10 business days to City Secretary
Revocation notice
30 days, or immediate for violations

Summary

Anyone who wants to place a private encroachment in an Abilene street, alley or sidewalk, or put that public right-of-way to private use, needs a street use license from the City first. The Director of Public Works reviews applications; the City Manager approves licenses of thirty days or less, and the City Council approves longer ones, with a right to appeal a denial.

Sec. 29-91. - Required. No person shall place any encroachment within any public street, alley, sidewalk or other public way or appropriate any portion thereof to a private use without first obtaining a street, alley, sidewalk or public way use license from the City. ...

Sec. 29-93. - Approval. (a)All street, alley, sidewalk or public way license agreements prepared by the Director of Public Works shall be submitted to the City Manager if the duration of the license is for thirty (30) days or less, and to the City Council for approval if the duration of the license is for greater than thirty (30) days.(b)In the event the City Manager denies a license application, the applicant may appeal the decision to City Council by filing a written appeal with the City Secretary within ten (10) business days after the denial of the license application is mailed to the applicant or personally delivered, whichever occurs first. If no appeal is filed within ten (10) business days, the decision of the City Manager becomes final and unappealable.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 14).

Full Breakdown

Article V of Chapter 29 requires a street, alley, sidewalk or public way use license under Section 29-91 before anyone places an encroachment in a public right-of-way or puts any part of it to private use; Section 29-90 explains the article exists to let the City permit uses that would otherwise be unlawful, without disturbing the separate franchise requirements the City Charter (Sections 110 to 117) imposes on public utilities. Under Section 29-92, the application goes to the Director of Public Works on the City's own form, and the applicant has to state the full purpose of the request along with every fact the Director considers relevant; giving incorrect information lets the City Manager or Council void the license later.

Section 29-93 splits approval authority by duration: the City Manager signs off on any license running thirty days or less, while anything longer than thirty days goes to the City Council. A denied applicant can appeal to the City Council by filing a written appeal with the City Secretary within ten business days of the denial, and if no appeal is filed in that window, the City Manager's decision becomes final; a timely appeal gets a Council hearing within thirty days of filing. Section 29-94 requires every license agreement to spell out the exact use granted and its term, hold the City harmless and indemnified against injury or property-damage claims tied to the license, and allow revocation on thirty days' notice, or sooner if the licensee violates the agreement. Fees for the license are set by the City and kept on file with the City Secretary under Section 29-95.

Violations & Fines

Placing an encroachment in a public street, alley or sidewalk without first obtaining the Section 29-91 license is unlawful, and an existing license can be revoked on thirty days' notice under Section 29-94, or immediately if the licensee breaks the agreement's terms. Furnishing incorrect information on the application lets the City Manager or City Council declare the license void under Section 29-92, cutting off the encroachment's authorization entirely.

Frequently Asked Questions

Do I need a permit to put something in the public sidewalk or street in Abilene?
Yes. Section 29-91 makes it unlawful to place any encroachment in a public street, alley, sidewalk or other public way, or to put any part of it to private use, without first getting a street use license from the City.
Who approves an Abilene street use license?
Approval is split by duration under Section 29-93: the City Manager approves any license lasting thirty days or less, while the City Council has to approve anything running longer than thirty days. The Director of Public Works reviews the application first and prepares the agreement either way.
What if my street use license application gets denied?
Section 29-93(b) lets you appeal a City Manager denial to the City Council by filing a written appeal with the City Secretary within ten business days of the denial. Miss that window and the Manager's decision becomes final; file on time and the Council must hear the appeal within thirty days.
Can the City cancel my street use license after it's granted?
Yes. Section 29-94 requires every license agreement to allow revocation on thirty days' notice, and sooner than that if you violate the agreement's terms. The license also has to hold the City harmless against any injury or property-damage claims connected to your use of the right-of-way.

Sources & Official References

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