Midland, TX Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Dept. of Development Services
- Required before
- excavation, construction, utility work
- Insurance minimum
- $1 million liability and property damage
- Applies to
- franchisees and telecom providers too
- Enacted
- Ordinance 8392, 2006
Summary
Before digging, building, or running utility lines in a Midland street or right-of-way, ROW users must get a ROW license or use permit from Development Services: no work may start without one.
All right-of-way (ROW) users that operate within the City of Midland ROW shall make application for a ROW license or ROW use permit from the Department of Development Services prior to commencement of construction, excavation, or utility placement activity within the ROW. Each application shall set forth the name and residence or business address of the applicant; the location and approximate area of the excavation, including its approximate length and width, and if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes; and the purpose of the excavation.(B)Franchisees of the city and certificated telecommunications providers (CTP) who have been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Texas Public Utility Commission (as said terms are defined by Chapter 283 of the Texas Local Government Code), shall not be exempt from the application process.(C)No work of any sort shall proceed within or upon City ROW until a ROW License or ROW use permit has been approved by the city.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 1 Update 2).
Full Breakdown
Midland Code § 9-1-1 requires every right-of-way user, including franchisees and certificated telecom providers, to apply for a ROW license or ROW use permit from the Department of Development Services before construction, excavation, or utility placement in city right-of-way. Applicants must show the excavation's location and purpose, provide $1 million in liability and property-damage insurance naming the City as an additional insured, and follow Texas Manual of Uniform Traffic Control Devices barricading rules. No excavation may proceed in a public street without written City Manager approval, and streets built or resurfaced within eight years face stricter repair requirements after a cut.
Violations & Fines
Working in the right-of-way without an approved ROW license or use permit is prohibited; the City can halt unauthorized work and pursue the Code's general penalty: up to $500 per day, per violation.
Frequently Asked Questions
Do private contractors need a permit to dig in a Midland street?
What insurance is required for right-of-way work in Midland?
Sources & Official References
Other rules in Midland
Texas rules heatmap·Compare Midland to another location·View the Texas sidewalk & pedestrian rules overview
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