New Braunfels, TX Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Application fee
- $250.00 per license agreement
- Minimum annual fee
- $100.00
- Surface license fee
- 10% of area value/year
- Underground license fee
- 5% of area value/year
- Fee lock period
- At least 2 years
- Exempt
- Municipal or franchised utilities
Summary
New Braunfels requires a city license before anyone runs a utility, communication or other line under, over or on public property or easements long-term. City Code § 114-7 sets a $250.00 application fee plus an annual fee based on a percentage of the licensed area's value, or a per-foot schedule for underground communication lines.
This section shall be applied to improvements such as utility, communication, and other lines placed for some length under, over, or on public property. ... All applicants under this section, not otherwise exempted from licensing, shall make application with the city engineer and pay an application fee of $250.00 per license agreement. This fee shall be nonrefundable, regardless of ultimate action by the city council ... the licensee shall pay an annual fee of ten percent of the value of the area to be licensed for surface licensing; five percent of the value of the area to be licensed for underground licenses; and seven and one-half percent of the value of the area to be licensed for aerial licenses. The minimum annual fee for such licenses shall be $100.00.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).
Full Breakdown
Sec. 114-7 governs long-term encroachments on public property, public easements and public right-of-way, principally utility and communication lines placed under, over or on public property for some length; it does not apply to municipal utilities or franchised utility or communication improvements, which need no license at all. A licensee gets only the city's own right, title and interest in the property, without any warranty, evidenced by a license agreement the city council must approve. 00 application fee per license agreement, due regardless of the council's ultimate decision.
00 minimum annual fee; the public works department sets the value, and historical structures, institutions of higher learning and original no-charge dedicators pay no annual fee. 00 per foot beyond 400 feet. Annual fees are locked for at least two years from the license grant, then may change after each following year. The licensee bears the full cost of burying the line and restoring the affected street or property, must build to city specifications inspected by the city engineer, and stays responsible for maintaining the area around the buried line for the life of the agreement. The license agreement also creates a lien on the covered property, running with the land, if licensing fees go unpaid.
Violations & Fines
Sec. 114-7 does not carry its own separate fine; it is enforced through the license agreement itself. Nonpayment of licensing fees creates a lien on the licensed property that runs with the land under subsection (j), and the license can be revoked for noncompliance since it grants only a revocable permission to occupy, not a property right. Unlicensed encroachments fall back to the general Chapter 114 obstruction and abatement rules in §§ 114-5 and 114-6, including removal at the responsible party's expense.
Frequently Asked Questions
Do I need a license to run a utility line under a New Braunfels street?
How much does an underground communication line under New Braunfels streets cost per year?
Who pays to bury and later repair the licensed line?
Sources & Official References
Other rules in New Braunfels
Texas rules heatmap·Compare New Braunfels to another location·View the Texas sidewalk & pedestrian rules overview
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