Construction work in roadways or sidewalks; public work.

Houston Code of Ordinances § 40-365

in effect

Sec. 40-365. - Construction work in roadways or sidewalks; public work. (a) With the exception of work addressed in sections 40-362(b)(5) or (b)(10) of this Code above, utilities, contractors of the city and other political subdivisions of the state who are performing construction, reconstruction, or repair work in the roadways or sidewalks or work that otherwise causes an impairment or obstruction shall be required to obtain a permit. Except as provided in section 40-373, nothing in this article shall be construed to authorize the imposition of restraints upon the contractor's work that are inconsistent with traffic control plans or other documents upon which the contracts for the work were bid or let, provided that the documents were reviewed and approved under subsection (b), below. However, the traffic engineer shall not be obliged to issue a permit hereunder for work to be performed at times not authorized in the contract documents or for the occupancy of areas of any roadway or sidewalk that are not expressly authorized to be occupied for the performance of the work under the contract documents. (b) Traffic control plans and other bid/contract related documents proposed for public works by the city or other political subdivisions that are for construction projects in a roadway or sidewalk or that will otherwise cause any impairment or obstruction of a roadway or sidewalk shall be submitted to the traffic engineer for review and approval by the public entity contracting for the work before bids are taken, or if the work is not let on bids, before the contract is negotiated. (c) The defense set forth in section 40-362(b)(10) of this Code is not intended to excuse public employees from coordinating their work with the traffic engineer to ensure that impairments or obstructions conform to applicable requirements of this article, and the Director of Houston Public Works shall administratively adopt regulations for that purpose. (d) Notwithstanding any provisions under this article to the contrary, the traffic engineer may issue a permit to a city department necessary to perform departmental functions without requiring a permit fee, release and indemnity provisions or evidence of insurance. The traffic engineer may adopt specific rules and regulations regarding time. Place and manner with regard to such city department permits, as deemed appropriate to ensure that traffic and mobility are not adversely affected. (e) Notwithstanding any provisions under this article to the contrary, the deployment and use of all traffic-control devices shall conform to the specifications set forth in the Texas Manual on Uniform Traffic Control Devices. (Ord. No. 04-498, § 2, 5-26-04; Ord. No. 09-1237, § 7, 12-9-09, eff. 1-1-10; Ord. No. 2018-11, § 49, 1-10-2018)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH40STSI_ARTXVIISIROOBIM_DIV1GE_S40-365COWOROSIPUWOFetched: 10/26/2026