Temporary Use of Right-of-Way.

Austin City Code tit. 14, ch. 14-11, art. 2, div. 2

in effect

Austin City Code § 14-11-131 PERMIT REQUIRED.

§ 14-11-131 - PERMIT REQUIRED. Unless a person obtains a temporary use of right-of-way permit from the director, a person may not: (1) block, direct, impede, or reroute pedestrian and vehicular traffic; or (2) place a barricade or other traffic control device in a right-of-way. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-132 APPLICATION REQUIRED.

§ 14-11-132 - APPLICATION REQUIRED. (A) Except as provided in Subsection (B), to obtain a temporary use of right-of-way permit or a renewal or extension of a temporary use of right-of-way permit, a person must make written application to the director on a prescribed form not later than the ninth day before the person intends to use the right-of-way. (B) The director may accept an application after the deadline established in Subsection (A) for good cause as determined by the director. (C) In an application, an applicant must: (1) state the reason that use of the public right-of-way is necessary; and (2) demonstrate that the applicant's proposed use of the right-of-way is the minimum necessary to perform the proposed activity. (D) In an application, an applicant must agree to: (1) comply with permit conditions; and (2) accept service of a written notice of violation presented to the applicant, site manager, site supervisor, project superintendent, or prime contractor by a city official. (E) An applicant must attach proof of compliance with Sections 14-11-102 (Insurance Required) and 14-11-103 (Security Required). (F) If a temporary use of right-of-way permit is necessary to perform work under a building permit, demolition permit, driveway approach permit, or other City permit, an application for the temporary use of right-of-way permit must accompany an application for the building, demolition, driveway approach, or other City permit. (G) An application submitted under Subsection (A) must be accompanied by a nonrefundable application fee established by separate ordinance. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17; Ord. No. 20220505-030, Pt. 3, 5-16-22.

Austin City Code § 14-11-133 ACTION BY THE DIRECTOR.

§ 14-11-133 - ACTION BY THE DIRECTOR. (A) Not later than the ninth day after receiving an application, the director shall: (1) approve the application and issue the permit; (2) request additional information from the applicant; or (3) deny the permit. (B) If the director requests that an applicant provide additional information, the director shall approve or deny the permit not later than the ninth day after receiving the requested information. (C) In reviewing an application, the director shall consider: (1) the reasonableness of the amount of right-of-way requested to be occupied given the extent and type of construction to be performed; (2) the period of time that the applicant requests to occupy the right-of-way; (3) the safety of pedestrian and vehicle traffic in and adjacent to the right-of-way the applicant requests to occupy; and (4) traffic congestion and vehicle parking requirements in the vicinity of the location specified in the application. (D) The director may not approve an application for a temporary use of right-of-way permit if the applicant fails to demonstrate that the applicant will provide adequate protection of pedestrian and vehicle traffic at the location for which the temporary use of right-of-way permit is requested. (E) The director may deny an application if: (1) a traffic control procedure or device proposed in the application does not comply with the requirements of the Manual on Uniform Traffic Control Devices or the Transportation Criteria Manual; (2) the director determines that it is unnecessary to impede traffic or to block or close a street to perform the activity proposed in the application; (3) the activity proposed by the applicant or the manner in which the applicant proposes to perform the activity will violate a City requirement or a state law; (4) the applicant fails to furnish information required by this article within the prescribed time period, unless the director determines that the applicant has shown good cause for the failure; (5) the applicant misrepresents or falsifies information in the application; (6) the location on which the proposed activity is to occur is reserved for other activity and the director determines that the projects cannot be conducted simultaneously; or (7) the activity proposed in the application will cause a safety hazard or traffic congestion. (F) An application is automatically denied if an applicant does not provide additional information before the 31st day after the request is made. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-134 PERMIT CONDITIONS.

§ 14-11-134 - PERMIT CONDITIONS. As a condition of permit issuance, the director may: (1) require the use of an additional traffic control or safety device; (2) require that an activity be performed during a certain time of day or on a certain day of the week; (3) limit the area or number of traffic lanes that a permittee may block or close at one time or at a certain time of the day; (4) prohibit the placement of material and equipment in a traffic lane; (5) unless an emergency conditions exists, require that a permittee coordinate the detouring of traffic with the director before the permittee implements a detour; or (6) impose another condition considered necessary. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-135 PERMIT FEE.

§ 14-11-135 - PERMIT FEE. (A) Except as provided in Subsection (B), the director may not issue a permit under this division until the applicant pays the permit fee established by a separate ordinance. (B) A franchise holder is not required to pay a permit fee under this section if the franchise holder has paid a franchise fee that includes the cost of using a City street. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17; Ord. No. 20220505-030, Pt. 1, 5-16-22.

Austin City Code § 14-11-136 PERMIT TERM.

§ 14-11-136 - PERMIT TERM. A permit issued under this division may not be effective for more than 180 days. The expiration date of the permit shall be stated on the permit. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-137 TRAFFIC CONTROL DEVICES.

§ 14-11-137 - TRAFFIC CONTROL DEVICES. (A) Except as provided by Subsection (B), a permittee must comply with the procedures for erecting and maintaining a traffic control and warning device required by the Transportation Criteria Manual or the Texas Manual on Uniform Traffic Control Devices. (B) The director may approve the use of a traffic control or warning device that differs from the device required by the Transportation Criteria Manual or the Texas Manual on Uniform Traffic Control Devices on a determination that the alternative equipment is as effective as the equipment required by the Transportation Criteria Manual or the Texas Manual on Uniform Traffic Control Devices. (C) The City shall install a regulatory sign required by the Transportation Criteria Manual, the Texas Manual on Uniform Traffic Control Devices, or the director. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-138 RESTORATION OF WORK SITE.

§ 14-11-138 - RESTORATION OF WORK SITE. (A) After completing an activity that requires a permit under this division, the permittee shall restore the right-of-way to its original condition in accordance with the procedures in the Transportation Criteria Manual. (B) If the director revokes a permit issued under this division, the permittee shall restore the right-of-way to its original condition not later than 24 hours after the revocation. (C) If the director determines that a permittee has not complied with Subsection (A) or (B), the director may restore the area of activity to its original condition at the permit holder's expense including, if applicable, the cost of labor, material, overhead, equipment rental, and attorney's fees. (D) The City may recover the cost of restoring a work site from fiscal security filed under Section 14-11-103 (Security Required). Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT14USSTPUPR_CH14-11USRI-W_ART2USRI-WCOEXFAINTEUS_DIV2TEUSRI-WFetched: 10/27/2026