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

Significant Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section: City Code §15.08.120 (Special privilege licenses/permits)
Minimum fee (unlisted use): $1,000/year under §15.08.120(F)(3)
Insurance: Liability policy naming city as additional insured
Appeal window: 10 calendar days after denial notice
Max term (building encroachment): 15 years under Table 1-1, item 2.h

Summary

Anyone who wants to build, place, or maintain a private structure on El Paso's public sidewalks, parkways, or street right-of-way, from awnings to storage vaults, needs a special privilege license or permit under City Code § 15.08.120, which sets insurance, fee, and maintenance conditions and lets the city revoke or reclaim the encroachment.

A.Where applicable. The city may grant a special privilege license or permit for use of public right-of-way for specified uses. For purposes of this section, the term "public right-of-way" means the area within a public street or alley, including the sidewalk, parkway and roadway surface, whether paved or unpaved, and areas within public easements or rights-of-way for drainage or other purposes. ... G.Insurance required. As a condition of the license or permit, the grantees shall agree to indemnify, defend and hold harmless the city, its officers, agents, servants and employees from any and all claims, loss, damages, causes of action, suits and liability of every kind... ... For any special privilege license or permit not listed in Table 1-1 of this section, applicants shall pay the established fee for "other special privileges" which shall be no less than one thousand dollars per year.

View official code

Full Breakdown

120(A)(1)). Table 1-1 lists the encroachments that qualify, grouped as aerial (awnings, canopies, signs, pedestrian skywalks), surface (sidewalk cafés, street furniture, taxi stands, building encroachments), and subsurface (storage vaults, pipelines) uses, with terms ranging from a single non-renewable grant to fifteen years for a building encroachment that can't be removed without harming the public interest. 120(B)). 120(G)). 120(F)(3)). 120(C)(3), (D)(4)).

Violations & Fines

Operating without the required license or permit, or violating its terms, is an offense under § 15.08.125, punished under Chapter 1.08 of the City Code, with each day of a continuing violation charged as a separate offense; the city may also remove an improperly maintained encroachment at the grantee's expense under § 15.08.120(A)(4).

Frequently Asked Questions

Do I need city approval to build an awning over the sidewalk in El Paso?

Yes. Table 1-1 under § 15.08.120(E) lists awnings, canopies, galleries and arcades as aerial encroachments requiring a permit with a one-to-five-year term, and § 15.08.120(I) adds clearance standards, such as a minimum eight-foot distance between the sidewalk and the lowest part of the structure.

What does an encroachment permit application require?

Under § 15.08.120(B), applicants submit a written or electronic application, a location map of the right-of-way, a scaled site plan showing existing and proposed improvements, proof of ownership, a certificate of liability insurance, and, for permanent structures, a sealed metes-and-bounds survey, plus the processing fee.

How much does a special privilege permit cost if my use isn't listed?

At least $1,000 per year. Section 15.08.120(F)(3) sets that floor for 'other special privileges' not itemized in Table 1-1, though the city and applicant may agree to a different fee by council approval if the standard fee is unreasonable for the specific request.

Can the city revoke my right-of-way permit?

Yes, at any time. Section 15.08.120(A)(7)(a) lets the permit official terminate a license or permit 'whenever in its judgment revocation is necessary to secure efficiency of public service,' and the city can require the grantee to remove the improvement or can keep it as city property.

Sources & Official References

[1]El Paso City Code § 15.08.120 - Special Privilege Licenses and Permits (Municode)

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