Amarillo, TX Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Amarillo Code of Ordinances § 4-6-189
- Application fee
- $276 minimum, non-refundable processing fee
- Surface/airspace fee
- 7% of fair market value annually
- Subsurface fee
- 2% of fair market value annually
- Approval path
- Planning Dept. to City Manager
- Appeal window
- 5 days to City Secretary
Summary
Private use of Amarillo's public right-of-way, from an awning over a sidewalk to a fence encroachment, requires a license from the City under section 4-6-189. Applicants pay a $276 minimum application and annual fee, plus a percentage of fair market value for surface, airspace, or subsurface encroachments, and the City can deny any license that risks public health or safety.
(1)The right to encumber the Public Right-of-Way may be granted only by license and every grantee of a license shall agree to indemnify and hold the City harmless from any and all damages to persons or property, or both, arising in any way out of the use of the licensed Premises. Each person applying for a license shall pay an application fee of two hundred seventy-six dollars ($276.00) to cover the expenses of the processing costs associated therewith.(3)A licensee shall pay a license fee depending upon the amount of Right-of-Way encumbered as set out below. In no event shall a license fee be less than two hundred seventy-six dollars ($276.00) for a period of one (1) year.a.For a private license authorizing a surface encroachment at the Sidewalk level, the annual license fee shall be seven (7) percent of the fair market value times the square footage of encumbrance....c.For a private license to encumber subsurface area, the annual license fee shall be two (2) percent of the fair market value times the square footage of encumbrance.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 81).
Full Breakdown
Section 4-6-189 of the Amarillo Code of Ordinances controls any private encumbrance of the Public Right-of-Way, on, over, under, or through it. A license may only be granted if the licensee agrees to indemnify and hold the City harmless for damages arising from use of the licensed area, and every applicant pays a $276 application fee to cover processing costs. The annual license fee then scales with the type of encroachment: seven percent of the fair market value of the encumbered square footage for a surface encroachment at sidewalk level, seven percent for an airspace encroachment above the sidewalk, and two percent for a subsurface encroachment, with a $276 floor regardless of the calculation for any one-year license.
No license can be granted if it would adversely affect the public health, safety, or welfare of Amarillo residents. Applications go to the Planning Department, which forwards the request to the City Manager's office for approval, and the City Attorney must draft or approve every license granted. If an application is denied, the applicant has five days from receiving notice of the denial to file a written appeal with the City Secretary, which the City Council then hears directly.
Violations & Fines
Encumbering the Public Right-of-Way without the section 4-6-189 license, or continuing to occupy it after a license is denied, revoked, or expires, is enforceable as an unlicensed encroachment under the City's general penalty in section 1-1-5: up to $500 per offense, with each day the unlicensed structure or use remains on the right-of-way counted as a separate violation. A denied applicant who wants to keep contesting the decision must file a written appeal with the City Secretary within five days or lose the right to a Council hearing.
Frequently Asked Questions
Do I need a permit to build an awning over the sidewalk in Amarillo?
How much does an Amarillo right-of-way license cost?
What happens if the City denies my encroachment license application?
Sources & Official References
Other rules in Amarillo
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