Sidewalk required; exceptions.
Houston Code of Ordinances § 40-556
in effectSec. 40-556. - Sidewalk required; exceptions.
(a) Except as provided in subsection (b) of this section, a sidewalk shall be required along each public street blockface within the city. The sidewalk may be within the public street or a sidewalk easement adjacent to the public street.
(b) No sidewalk shall be required along a public street blockface when, upon review of written documentation and other relevant information provided by the applicant, the planning official finds that one or more of the following circumstances apply:
(1) There is an existing sidewalk in good repair that was built to the minimum width required by this article;
(2) There is an existing sidewalk in good repair that was built through a sidewalk construction project completed by a governmental entity, political subdivision, transit authority, or local government corporation not more than five years before the date the sidewalk plan is filed with the department;
(3) The public street is within a community with an approved pedestrian plan on file with the department in which alternative publicly accessible pedestrian trails or pathways are provided;
(4) The sidewalk is, constructed, or will be constructed in accordance with this article, within a sidewalk easement that provides a reasonable alternative alignment for pedestrian accessibility along the general route of the public street;
(5) The public street is a grade-separated freeway or other limited access roadway, and the planning official, after consultation with the sidewalk committee, determines one or more of the following conditions exist:
a. The public street is a grade-separated freeway that does not have an at-grade frontage road;
b. The construction of a sidewalk is technically or otherwise infeasible due to the presence of existing, permitted physical conditions, or
c. The characteristics of existing permitted development, land uses, or other physical conditions within the immediate vicinity of the grade separated or limited access roadway create unsafe conditions related to the practical use of a sidewalk.
(6) There is no roadway constructed within the public street and the city engineer confirms:
a. The construction of a roadway is not required as part of the action prompting the applicability of this article under section 40-553 of the Code; or
b. There are no approved capital improvement plans or plans pending approval by an entity with an interest in planning and development within the right of way such as governmental entities, political subdivisions, transit authorities, or local government corporations or any other entity as determined by the planning official for improvements or construction of the roadway.
(7) The cost to meet the standard sidewalk requirement is more than 50% of the total cost of the action prompting the applicability of this article, or is otherwise found to be disproportionate to the development. For a cost waiver, the city engineer shall review the cost estimate provided by the applicant and make a recommendation to the planning official on the reasonableness of the estimate. The following shall not qualify for a waiver under this subsection:
a. Items (1), (2), and (8) under section 40-553;
b. The requirement to construct a sidewalk within the central business district; or
c. The requirement to construct a sidewalk along a walkable place, street or transit-oriented development street;
(8) The street is located within the boundaries of the Fourth Ward Street Streets in Place Ordinance, Ordinance No. 99-1344; or
(9) The applicant pays a fee-in-lieu of sidewalk construction when authorized in accordance with this article.
(Ord. No. 2023-58, § 2(Exh. A), 1-25-2023, eff. 3-1-2023)
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_ARTXXIISI_DIV1SINERE_S40-556SIREEXFetched: 10/26/2026
