Permanent Encroachment of Public Right-of-Way

Austin City Code tit. 14, ch. 14-11, art. 1, div. 4

in effect

Austin City Code § 14-11-51 APPLICATION AND APPROVAL.

§ 14-11-51 - APPLICATION AND APPROVAL. (A) After receiving an application and an application fee for the encroachment by a permanent private structure in a public right-of-way, the director shall review the application and submit the proposed encroachment agreement to council for its consideration if the director determines that: (1) the application complies with the requirements of this division; and (2) the encroachment does not unduly interfere with the City's present or future use of the public right-of-way. (B) An encroachment agreement authorizes use of public right-of-way as long as the encroachment allowed under the agreement continues. If the encroachment terminates or is abandoned, the use of the right-of-way automatically reverts to the city. (C) Council must approve an encroachment agreement. (D) If the director determines that additional review of the encroachment is necessary, the director shall submit the proposed encroachment to the appropriate Land Use Commission for review and recommendation to council. (E) The director may not execute an encroachment agreement until the applicant has paid the appraised value of the encroachment and council has approved the encroachment agreement required under this division. Source: Ord. 20130808-021.

Austin City Code § 14-11-52 APPRAISAL OF PROPERTY.

§ 14-11-52 - APPRAISAL OF PROPERTY. (A) After an application for a permanent encroachment in the public right-of-way is reviewed, the director shall establish the appraised value of the affected right-of-way. (B) The director may use an appraisal prepared by the director or an independent appraiser engaged by the City. (C) To enter into an encroachment agreement, the applicant must submit to the city an amount equal to the appraised value of the affected right-of-way. Source: Ord. 20130808-021.

Austin City Code § 14-11-53 CONTENTS OF ENCROACHMENT AGREEMENT.

§ 14-11-53 - CONTENTS OF ENCROACHMENT AGREEMENT. An encroachment agreement approved under this division must contain: (1) a provision describing an insurance requirement; (2) a provision stating that the right-of-way shall automatically revert to the City if the encroachment terminates or is abandoned; (3) a provision establishing a lien on the adjacent property covered by the agreement if the City incurs costs of removal or modification on termination; (4) a provision requiring payment of costs of repair or relocation of public infrastructure damaged or destroyed as a result of the encroachment; (5) a provision requiring ongoing maintenance and repair of the encroachment as required to maintain the structural integrity of the encroachment and the right-of-way; (6) a provision that the agreement runs as a covenant on the land adjoining the property on which the encroachment exists as long as the encroachment exists; (7) a provision that the agreement may not be assigned or transferred without prior written consent of the director; and (8) other provisions that the council or city manager determines are necessary. Source: Ord. 20130808-021.

Austin City Code § 14-11-54 NOTICE TO INTERESTED CONTACTS.

§ 14-11-54 - NOTICE TO INTERESTED CONTACTS. (A) After receiving an application fee for an application for the encroachment by a permanent structure in a public right-of-way, the director shall mail notice of the application, by certified mail, return receipt requested, to: (1) any registered neighborhood organization whose boundaries are within all or a portion of the encroachment area in the manner described in City Code Section 25-1-134(B)(4) (Procedures and Requirements for Notice); and (2) the neighborhood plan contact team whose boundaries are within all or a portion of the encroachment area by sending the notice to the chief officer of the neighborhood plan contact team identified in accordance with City Code Section 25-1-805(D) (Neighborhood Plan Contact Team). (B) Notice provided under Subsection (A) must include a statement that: (1) The director may approve the application after Council approves an encroachment agreement; and (2) A neighborhood plan contact team or registered neighborhood organization whose boundaries are within all or a portion of the encroachment area may submit comments regarding the proposed encroachment. (C) The applicant is responsible for the cost of notice. Source: Ord. No. 20140626-086, Pt. 2, 7-7-14.

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_ART1DIPUEARI-W_DIV4PEENPURI-WFetched: 10/27/2026