Newly constructed or reconstructed streets.
Houston Code of Ordinances § 40-145
in effectSec. 40-145. - Newly constructed or reconstructed streets.
(a) Except as provided in subsection (b) below, no permit shall be issued for an excavation in any public way that has been constructed, reconstructed, repaved, or resurfaced in the preceding period of five years, as measured from the date of acceptance by the public works construction entity. Owners shall determine alternative methods of making necessary repairs and facility installations to avoid excavations that are subject to this section.
(b) The city engineer, for good cause, shall grant a variance to an applicant for repair of existing utilities, to respond to emergencies, or to afford an owner the means to provide service to buildings that the owner has no other reasonable means of serving in the determination of the city engineer. Variances shall be granted subject to special conditions that the city engineer determines to be appropriate to the circumstances, such as special coordination with other excavations, special paving requirements, additional soil compaction test reports, or any other requirements needed to restore the integrity of the public way to "as new" condition. In addition to the information provided on the application, applicant shall provide the following with respect to that part of the public way subject to this provision:
(1) Reason why the excavation was not performed before or when public way was paved;
(2) Reason why the excavation cannot be delayed until after the five-year period expires; and
(3) Reason why the excavation cannot be performed at another location or the owner's need cannot be accomplished by a method that does not require excavation.
(Ord. No. 00-1115, § 2, 12-20-00)
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_ARTVEXPUWA_DIV2PE_S40-145NECORESTFetched: 10/26/2026