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

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

Key Facts

Permit issuer
County Engineer
Residential driveway max width
36 feet
Commercial driveway max width
96 feet
Driveway separation required
20 feet minimum
Pre-2005 sidewalk repairs
exempt from permit

Summary

Building a sidewalk, driveway, or culvert across Harris County right-of-way in unincorporated areas requires a permit from the County Engineer before construction begins, under the county's driveway regulations.

City-specific rules exist: Houston, and Baytown have their own encroachment permits rules that differ from Harris County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Construction of driveways, sidewalks, culverts whenever applicable, or the replacement of existing driveways, sidewalks or culverts on County or public easements on rights-of-way without first securing a permit is prohibited. Applications for permits for the construction of driveways, sidewalks and culverts on County or public easements or rights-of-way shall be made to the County Engineer.

Full Breakdown

Harris County's driveway regulations (Subchapter 41C) require anyone building, replacing, or repairing a driveway, sidewalk, or culvert that crosses county right-of-way or easement in unincorporated areas to get a permit from the County Engineer before construction starts. Applications must show the improvement's location and any conflicting drainage inlets or utilities; residential driveways are capped at 36 feet wide, commercial at 96 feet, and same-property driveways must sit at least 20 feet apart. Corner-lot sidewalks need an ADA-compliant wheelchair ramp. Sidewalks built before November 1, 2005 are exempt from the permit requirement for repairs.

Violations & Fines

Building without a permit lets the County Attorney sue to enjoin the work, and Commissioners Court can order the landowner to remove or repair the encroachment at their own expense.

Frequently Asked Questions

Do I need a permit to build a sidewalk in unincorporated Harris County?
Yes. Any sidewalk, driveway, or culvert crossing county right-of-way or easement needs a permit from the County Engineer before construction, unless it's a repair to a sidewalk built before November 1, 2005.
What happens if I build in the right-of-way without a permit?
The County Attorney can sue to enjoin the work, and Commissioners Court can order you to remove or repair the driveway, sidewalk, or culvert at your own expense.

Sources & Official References

Other rules in Harris County

All Harris County rules

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