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

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

Key Facts

Permit required for
Any facility in the right-of-way
Governing sections
City Code §§ 13-29, 13-31
Registration renewal
Annually by January 31
Maintenance exemption notice
30 days advance notice
Restoration warranty
2 years after completion
Max general fine
$500/day (Sec. 1-15)

Summary

Before placing any facility or structure in, on, over or under a Lewisville public right-of-way, Section 13-31 requires a permit, and Section 13-29 requires a separate municipal authorization first; no amount of use or fee payment ever creates an ownership right in the right-of-way.

(a)Prior to the city issuing a permit for installing facilities in, on, or over the public rights-of-way, all persons must first obtain a separate municipal authorization.(b)This article does not constitute or create authority to place, reconstruct, or alter facilities in, on, under, or over the public rights-of-way, nor to engage in construction, excavation, encroachments, or work activity within or upon any public right-of-way, and said authority must be obtained in accordance with the terms of this article. ... Sec. 13-31. - Permit required. Contractor shall not install any facility in any portion of the public right-of-way without first applying for and obtaining a permit in compliance with the city's permit application process.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Unified Development Code: Supplement 3 | Code of Ordinances: Supplement 34 Update 1).

Full Breakdown

Article II of Chapter 13 governs any 'installations in, on, over, or under the public rights-of-way,' whether under state law or a city agreement (Section 13-27). Section 13-29 states the article does not itself authorize construction, excavation, encroachments or work in the right-of-way; a separate municipal authorization is required first, and any current franchise or existing authorization continues to apply. ' Before a permit issues, the facility owner must register annually with the city (Section 13-30), listing contact information, a 24-hour emergency contact, the source of its authorization, and, where relevant, drawings showing compliance with zoning, setback and easement rules; registration lapses, and facilities are deemed abandoned, 60 days after a missed January 31 renewal.

Routine maintenance that does not require excavation or closing a sidewalk or lane is exempt from the permit requirement, but the contractor must still give the city 30 days' advance notice (Section 13-32). A permit creates only a revocable license, never an easement or ownership interest (Section 13-33(c)), and the city can require removal or relocation of unpermitted or hazardous facilities at the owner's expense (Sections 13-46, 13-47), with disturbed right-of-way surfaces warrantied by the owner for two years after restoration (Section 13-49).

Violations & Fines

Installing a facility in the right-of-way without the Section 13-31 permit exposes the owner to removal of the unauthorized work at its own expense under Sections 13-46 and 13-47, plus recovery of the city's actual repair costs where restoration is not completed, and prosecution under the Code's general penalty, Section 1-15, which caps most violations at a $500 fine, with each day counted separately.

Frequently Asked Questions

Do I need a permit to put anything in the Lewisville right-of-way?
Yes. Section 13-31 requires a permit before installing any facility, meaning any cable, structure, equipment or other tangible improvement, in, on, over or under a public right-of-way. Section 13-29 adds that the article itself creates no authority to build, excavate or encroach there; the city's separate written authorization must be obtained first through the permit process.
Is there ever an exception to the permit requirement?
Section 13-32 exempts routine maintenance that does not require excavation or closing a sidewalk or vehicle lane. Even then, the contractor must give the city 30 days' advance written notice of the work before starting, so the exemption is limited to minor, non-disruptive upkeep rather than new installations.
What happens if I install something in the right-of-way without a permit?
The city can order removal or relocation of the unauthorized facility at the owner's sole cost under Sections 13-46 and 13-47, particularly if it threatens public safety or interferes with a city project. The owner also remains liable for repairing any resulting right-of-way damage and can face prosecution under the Code's general penalty provision.
Does getting a right-of-way permit give me any ownership of that space?
No. Section 13-33(c) states that no use of the right-of-way, however lengthy, and no payment of fees creates an easement or ownership interest. A permit holder is treated as a mere licensee, and the permit does not assign any of the city's rights to the right-of-way.

Sources & Official References

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