Reservation and Dedication of Right-of-way.

Austin City Code tit. 25, ch. 25-6, art. 2, div. 2

in effect

Austin City Code § 25-6-51 RESERVATION OF RIGHT-OF-WAY.

§ 25-6-51 - RESERVATION OF RIGHT-OF-WAY. (A) The City may, as a condition to approval of a site plan or subdivision, require the reservation of right-of-way that is reasonably likely to be acquired for public use consistent with this article. To be subject to reservation, land must be located along a roadway designated in: (1) the Transportation Plan; (2) an approved collector plan; or (3) an established capital improvement project located in the planning jurisdiction of the City. (B) The extent and location of the right-of-way reserved under Subsection (A) must conform to the Transportation Plan, approved collector plan, or capital improvement project. Source: Section 13-5-8(a); Ord. 990225-70; Ord. 031211-11; Ord. No. 20170302-077, Pt. 4, 3-13-17.

Austin City Code § 25-6-52 CONSTRUCTING A STRUCTURE OR IMPROVEMENT IN RIGHT-OF-WAY PROHIBITED.

§ 25-6-52 - CONSTRUCTING A STRUCTURE OR IMPROVEMENT IN RIGHT-OF-WAY PROHIBITED. Except as provided in Section 25-6-56 (Agreement For Temporary Use Of Reserved Right-Of-Way) and Section 25-6-81 (Waiver Request), a person may not erect a structure or make an improvement in a reserved right-of-way. Source: Section 13-5-8(b); Ord. 990225-70; Ord. 000309-39; Ord. 031211-11.

Austin City Code § 25-6-53 MEASURING SETBACKS.

§ 25-6-53 - MEASURING SETBACKS. A setback line prescribed under this title is measured from the boundary of the reserved right-of-way adjacent to the property unless waived under Section 25-6-83 (Action On Waiver). Source: Section 13-5-8(c); Ord. 990225-70; Ord. 031211-11.

Austin City Code § 25-6-54 ALIGNMENT.

§ 25-6-54 - ALIGNMENT. (A) The director shall determine the alignment of reserved right-of-way during: (1) the review and approval process for a development application; or (2) if an applicant files a waiver request under Section 25-6-81 (Waiver Request), not later than the 60th day after the waiver request is filed. (B) The alignment of reserved right-of-way is based on: (1) the alignment established in the Transportation Plan, collector plan, or capital improvement project; and (2) engineering criteria related to the safe use and maintenance of public right-of-way, including grade, sight distance, turning radii, curvature, existing green infrastructure, and the existence of a flood plain or wildfire hazards. (C) In an area designated for a state roadway project, alignment may be established by the Texas Department of Transportation. (D) For an existing or platted street, the alignment is based on: (1) the existing centerline established before an additional dedication from the opposite side of the right-of way occurs; or (2) if the centerline of the street is proposed to be shifted from its present alignment, the proposed centerline. (E) If the alignment for a roadway cannot be determined under Subsection (D), the reserved right-of-way shall be established equally on each side of the centerline of the existing roadway. Source: Section 13-5-8(d); Ord. 990225-70; Ord. 031211-11; Ord. No. 20230413-057, Pt. 4, 4-24-23.

Austin City Code § 25-6-55 DEDICATION OF RIGHT-OF-WAY.

§ 25-6-55 - DEDICATION OF RIGHT-OF-WAY. (A) If the director determines that dedication of right-of-way is needed to accommodate the transportation system, the applicant may be required to dedicate the amount of land determined to be roughly proportionate to the development under Section 25-6-5 (Proportionality of Required Infrastructure) or a lesser amount, as determined by the director based on the adequacy of the transportation system. (B) The director may defer the dedication of right-of-way required at one stage of the development process to a later stage. A person must comply with all dedication requirements before the release of the subsequent application. Source: Section 13-5-9; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord.. 031211-11; Ord. 20060504-039; Ord. No. 20170302-077, Pt. 4, 3-13-17.

Austin City Code § 25-6-56 AGREEMENT FOR TEMPORARY USE OF RESERVED RIGHT-OF-WAY.

§ 25-6-56 - AGREEMENT FOR TEMPORARY USE OF RESERVED RIGHT-OF-WAY. (A) The City may, by written agreement, authorize use of reserved right-of-way for a temporary structure or improvement, including a parking area, detention pond, landscaping, and sign. (B) The agreement must contain: (1) an expiration date for the use of the right-of-way; (2) the method the City will use to notify the property owner that a temporary improvement must be removed; (3) a requirement that the property owner replace the improvements on the remainder of the property when the temporary improvements are removed, if the improvements are required by the City Code; (4) the applicant's address for notification; and (5) a penalty for failure to remove a temporary improvement. Source: Section 13-5-10; Ord. 990225-70; Ord. 031211-11.

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=TIT25LADE_CH25-6TR_ART2TRIMRI-WDE_DIV2REDERI-WFetched: 10/27/2026