El Paso, TX Sidewalk & Pedestrian Rules: Encroachment Permits (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.
Full Breakdown
Section 15.08.120(A) authorizes the city to grant a 'special privilege license or permit for use of public right-of-way for specified uses,' defining public right-of-way broadly to include 'the sidewalk, parkway and roadway surface, whether paved or unpaved, and areas within public easements.' Longer-term uses go through city council as a license; the permit official handles shorter permits and renewals (§ 15.08.120(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.
Every applicant must submit a location map, a scaled site plan, proof of ownership, and, for permanent structures, a sealed metes-and-bounds survey (§ 15.08.120(B)). Grantees must keep the encroachment 'in good repair and condition,' must not create 'a nuisance or safety hazard,' and must carry liability insurance naming the city as an additional insured, cancellable only on 30 days' written notice (§ 15.08.120(G)). Fees are non-refundable once processing begins, with any use not listed in Table 1-1 defaulting to an 'other special privileges' fee of at least $1,000 per year (§ 15.08.120(F)(3)).
The permit official can terminate a permit at any time 'in its judgment' if necessary for public service efficiency (§ 15.08.120(A)(7)(a)), and a denied applicant has ten calendar days to file a written appeal that goes first to the permit official and, for licenses, ultimately to city council (§ 15.08.120(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?
What does an encroachment permit application require?
How much does a special privilege permit cost if my use isn't listed?
Can the city revoke my right-of-way permit?
Sources & Official References
Other rules in El Paso
Texas rules heatmap·Compare El Paso to another location·View the Texas sidewalk & pedestrian rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.