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

Sec. 14-11-1(A) requires anyone seeking a release of a public easement, a license for the private use of public property, an agreement for a permanent encroachment in a public right-of-way, or a vacation of a public right-of-way to submit an application to the director of the Public Works Department, along with a non-refundable application fee and a survey and field-note description of the property or easement involved. The director circulates the application to City departments and franchise holders that have asked for notice. Sec. 14-11-2 exempts certain minor or temporary uses from needing a private-use license altogether: temporary construction barricades, banners over a street, temporary street closings, pre-existing landscaped areas or structures in an easement that do not interfere with its use, and other minor or temporary encroachments already regulated elsewhere in the Code.

For a private-use license, Sec. 14-11-41 lets the city manager approve the application unless it interferes with public use of the property, and the city manager can refer an unusual or significant application to council. Once approved, Sec. 14-11-42 requires the city manager to set an appraised value for the property, and Sec. 5 percent for use of the area above it, with fee waivers available for historic structures, City-dedicated property retained by the original owner, and licenses that authorize landscaping, overhead pedestrian cover, or a roof drain. A denied applicant may appeal to the council under Sec. 14-11-3.