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

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

Key Facts

Permit authority
city's right-of-way manager
Covers
excavation and foundation-based structures
Private structures included
monuments, markers, signs (not billboards)
Residential exception
driveways/sidewalks/mailboxes under 18-inch depth
Appeal window
5 business days per level
Final appeal authority
city manager

Summary

Digging, boring or setting a foundation-based structure in a Frisco street or right-of-way requires a permit from the city's right-of-way manager under Section 78-34. The rule reaches private owners as well as utilities: subdivision monuments, historical markers and any other sign or structure with a foundation in the right-of-way, aside from billboards, must go through the same process.

It is unlawful for any person, its agents, servants or employees to dig, plow, blast, make cuts, openings, bore, tunnel, excavate or close lanes on a thoroughfare or local street without first having made application and obtained a permit therefor except for as allowed by this section. It is unlawful for any person, its agents, servants or employees to make or cause to be made any excavation in or under the surface of any right-of-way for the installation, repair or removal of any facilities, or for any other purpose without first obtaining from the right-of-way manager a permit in compliance with this article. ... Subdivision monuments, historical markers, and any other signs or structures with foundations in the right-of-way, excluding billboards, are subject to this article.

Full Breakdown

Section 78-34 of Chapter 78 makes it unlawful for any person, including a private property owner, to dig, bore, tunnel, excavate or place a foundation-based structure in a Frisco thoroughfare or right-of-way without first applying to and receiving a permit from the right-of-way manager. The application must identify the applicant, the location and size of the work, and its purpose, with plans sealed by a licensed engineer when the Texas Engineering Practice Act requires it; a nonrefundable permit fee under Chapter 78, Article IV applies at issuance.

Subsection (6) expressly pulls private improvements into the permit requirement: subdivision monuments, historical markers, and any other sign or structure with a foundation in the right-of-way, other than billboards, are subject to this article. Section 78-35 carves out narrow exceptions for ordinary homeowner work: new single-family driveways, sidewalks, mailboxes and minor grading under 18 inches deep skip the separate right-of-way permit if the work is covered by an active residential building permit at that address. The right-of-way manager can deny or suspend a permit for reasons listed in Section 78-42, including missing insurance or bonding, false information on the application, or an unresolved violation on the same property.

A denied or revoked applicant has five business days to file a written appeal to the right-of-way manager, then, if denied again, five more business days to appeal to the director of public works, and finally to the city manager, whose decision under Section 78-43 is final.

Violations & Fines

Excavating, boring or erecting a foundation-based structure in the Frisco right-of-way without a permit is unlawful under Section 78-34, and the right-of-way manager can deny any future permit application to that person until the outstanding violation is corrected or a correction plan is approved under Section 78-37(4). Registration or permit privileges can also be suspended or revoked outright for repeat violations under Section 78-40.

Frequently Asked Questions

Do I need a city permit to put a monument or marker in the right-of-way in front of my Frisco property?
Yes. Section 78-34(6) specifically pulls subdivision monuments, historical markers, and any other sign or structure with a foundation in the right-of-way, aside from billboards, into the same right-of-way permit process required for utility excavation. You apply to the right-of-way manager the same way a utility contractor would.
Does building a new driveway or sidewalk at my Frisco house need a separate right-of-way permit?
Not if it qualifies for the Section 78-35 exception: the excavation must be under 18 inches deep, tied to an active, unexpired residential building permit for that address, and the right-of-way user accepts responsibility for any damage to city facilities. Outside those conditions, a standalone right-of-way permit is required before work begins.
What happens if I'm denied a right-of-way permit in Frisco?
You have five business days to file a written appeal with the right-of-way manager under Section 78-43. If that appeal is denied, you get another five business days to appeal to the director of public works, and then a final five-day window to appeal to the city manager, whose decision is final.

Sources & Official References

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