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

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

Key Facts

General application fee
$750, other uses
Historic structure encroachment
$1,000 per year
Railroad crossing fee
$50 per track minimum
Air-rights formula
area x value x 85% x 85% x 12%
Default term
10 years if unspecified
Market value source
Dallas County Central Appraisal District
Max fine
$500 per day, unlicensed use

Summary

Placing a private encroachment in a Dallas public right-of-way, such as a utility line, awning, landscaping, or a historic building projection, requires a license granted by city council ordinance under Chapter 43, Article VI. Fees range from a $750 general application charge up to formula-based annual fees keyed to the appraised value of the abutting land.

SEC. 43-112. APPLICATION; FEE. (a) If a person, or governmental entity operating a utility, desires to make use of any portion of the public right-of-way for a private or governmental utility use, the person...must apply in writing to the director. The application must be accompanied by plans or drawings showing the area to be used, a statement of the purpose for which the right-of-way is to be used, and a nonrefundable application fee...plus recording fees... (b) The application fee is: ...(3) $750 for any other use of the public right-of-way. SEC. 43-115. ANNUAL FEE FOR USE OF PUBLIC RIGHT-OF-WAY. (a) ...(2) Fee for encroachment of historically significant structures into public right-of-way: $1,000. (b) The annual fee for a license to use a public right-of-way for uses other than those listed in Subsection (a) is $1,000 or is calculated in accordance with one of the following formulas, whichever is greater: (1) Fee for use of public right-of-way: area X market value X 85% X 12%.

Source: Dallas Code Sec. 43-139 - Permit RequiredView official code

Full Breakdown

To encroach on the right-of-way for a private or governmental utility use, the applicant submits a written application to the director along with plans or drawings of the area, a statement of purpose, and a nonrefundable application fee plus recording fees; no fee applies to encroachments already licensed or to a governmental utility operating under a mutual right-of-way contract with the city (Sec. 43-112(a)). The general application fee is $750 for any use not otherwise listed, such as a sidewalk cafe or a use covered by Sec.

1 (Sec. 43-112(b)). The city council may grant the license only if it finds the use is not inconsistent with, and does not unreasonably impair, public use of the right-of-way (Sec. 43-113). Once granted, annual fees for named uses include $50 per track for a railroad crossing and $1,000 for encroachment of a historically significant structure into the right-of-way (Sec. 43-115(a)(1), (2)). For any other private use, the annual fee is $1,000 or a formula, whichever is greater: surface use is area times market value times 85% times 12%; subsurface-only use is area times market value times 30% times 12%; air-rights use, including awnings and canopies bearing a sign, is area times market value times 85% times 85% times 12%; and commercial parking use is 50% of gross receipts (Sec.

43-115(b)). Market value is the per-square-foot appraised value set by the Dallas County Central Appraisal District, and the director reviews it annually, adjusting the fee up or down (Sec. 43-115(e), (f)). If a license does not state a term, a private license expires 10 years after passage and a governmental utility license expires when the underlying contract does (Sec. 43-114(b), (c)). While a license or abandonment application is pending before council, the director may issue a temporary month-to-month license to avoid substantial hardship (Sec. 43-116).

Violations & Fines

Occupying the public right-of-way for a private use without a license, or in violation of Article VI, is an offense carrying a fine of up to $500 for each day the violation continues (Sec. 43-117(a)). An owner, occupant, tenant, or licensee who fails to keep the sidewalks, curbs, and private structures within the licensed area in good repair is guilty of maintaining a nuisance, also fined up to $500 per day, except this repair duty does not extend to railroad crossings (Sec. 43-117(b), (c)). The director may terminate a license if the grantee fails to meet any condition of the license (Sec. 43-118).

Frequently Asked Questions

How much does a Dallas right-of-way encroachment permit cost?
The general application fee is $750 for uses not separately listed, plus a nonrefundable recording fee. Once granted, the annual fee is a flat amount for named uses like railroad crossings ($50 per track) and historic structure encroachments ($1,000), or a formula for everything else under Sec. 43-115(b).
How is the annual encroachment fee calculated in Dallas?
For uses without a flat fee, Sec. 43-115(b) charges $1,000 or a formula based on the abutting property's appraised value, whichever is greater: surface use is area times value times 85% times 12%, subsurface use uses 30% instead of 85%, and air-rights structures like awnings use 85% times 85%.
Who has to approve an encroachment license in Dallas?
The city council, acting by ordinance under Sec. 43-113. The council can only grant the license if it finds the encroachment is not inconsistent with, and does not unreasonably impair, the public's use of the right-of-way, and it can terminate the license later on that same basis.
What is the penalty for an unlicensed encroachment in Dallas?
Occupying the right-of-way without a license is an offense under Sec. 43-117(a) punishable by a fine of up to $500 for each day it continues, and letting the encroachment fall into disrepair is separately fined as a nuisance under Sec. 43-117(b).

Sources & Official References

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