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

Part VI of Chapter 70 (§§ 70-190 to 70-198, Ord. No. 5444-04-2024, adopted 4/15/2024) is the City of Burleson's framework for private amenities in the public street. A municipal street means the entire width of a way held by the city by fee, easement or dedication, and the term excludes a designated state or federal highway and a designated county road. Section 70-198(a) bars anyone from keeping a public or private amenity in a municipal street without a right-of-way use agreement.

Only the owner or tenant of real property adjacent to the proposed use can apply (§ 70-192). The application, on a form approved by the director of development services, must include a deed or a current written lease, the type and purpose of the use, a schematic design or site plan showing facility details, height and coverage, the location of any loudspeakers, whether electrical, mechanical or plumbing work is planned, and an application fee set by separate ordinance (§ 70-193).

Review runs on a clock. The director sends the application to the city engineer, affected departments, utility franchise holders and adjacent owners and tenants, who are asked to comment within twenty calendar days, and reports not later than the thirtieth calendar day after receipt (§ 70-195). The decider depends on location under § 70-196: the Burleson City Council decides applications for streets in the Old Town district after comments from the Old Town Development Standards Review Committee, and decides sidewalk and public parking applications outside Old Town, while the city manager or designee decides other portions of municipal streets outside Old Town. Each decider must find that the use does not intrude on a roadway or sidewalk portion necessary for pedestrian use and does not create a hazardous condition or obstruction.

Mandatory agreement terms under § 70-194 include sole maintenance by the applicant, removal by the city or a utility without liability, a cash or surety bond covering removal costs, general liability insurance in the amount the city manager establishes, and revocation by the city at any time for any reason. The sidewalk must keep six feet unobstructed for pedestrians, and no agreement allows use of the roadway.