San Marcos, TX Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Issuing authority
- City manager or designee
- Max license term
- One year
- Cure period after notice
- 10 days
- Parklets over parking
- City council approval required
Summary
San Marcos requires a revocable special use license, not a property right, before anyone builds encroachments, gateway features, or sidewalk cafes in city right-of-way.
The city manager or the city manager's designee may grant a special use license for use of public right-of-way in accordance with the requirements of this article for the following uses: ... (5) Overhead, surface or subsurface encroachments, other than signs, not specified herein. ... A special use license granted under this article is a revocable grant of a privilege and is not a property right, nor conveyance of an interest in real property.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 41).
Full Breakdown
Under Sec. 74.200, the city manager or designee may grant a special use license for neighborhood gateway features, parklets, sidewalk cafes, decorative columns/arches, and other overhead, surface, or subsurface encroachments in public right-of-way; the city council handles parklets in on-street parking areas. Sec. 74.202 bars licenses for anything needing a building permit, ADA-noncompliant work, or improvements that block sidewalks, create traffic hazards, or impair sight triangles, and requires indemnification, a one-year term cap, and prompt removal at license termination. Utility franchise facilities and site-permit landscaping are exempt under Sec. 74.201.
Violations & Fines
A license is a revocable privilege the city can terminate on 10 days' notice to cure, or immediately for capital projects or safety threats; the city may remove unauthorized or terminated improvements and bill the licensee for removal costs.
Frequently Asked Questions
Do I need a permit to put a sign or awning over the sidewalk in San Marcos?
Can the city revoke my right-of-way encroachment license?
Sources & Official References
Other rules in San Marcos
Texas rules heatmap·Compare San Marcos to another location·View the Texas sidewalk & pedestrian rules overview
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