PUBLIC USE ALLEYS

Houston Code of Ordinances ch. 40, art. XV, div. 2

in effect

Houston Code of Ordinances § 40-342 Initiating improvement of alley for public use; criteria.

Sec. 40-342. - Initiating improvement of alley for public use; criteria. (a) Procedure. The improvement of an alley for public use may be initiated by: (1) Any person(s) owning real property abutting an alley who agree(s) to obtain the permit required by section 40-344 of this Code and comply with all requirements applicable to such alley, as provided in this article, including payment of all costs of improving such alley for public use; or (2) The filing of a petition with the city engineer, signed by at least 75 percent of the property owners abutting such alley, wherein such abutting owners agree to pay their share of the costs to improve such alley through the city's usual paving assessment procedures. (b) Determination by city engineer. No alley shall be improved or maintained for public use unless the city engineer authorizes the issuance of an appropriate permit after determining that: (1) The improvement of such alley for public use will serve a bona fide public purpose and need; (2) The traffic entering upon or exiting from such alley to an adjacent public street will not result in a significant impediment to existing traffic flow or constitute a traffic hazard; (3) The condition or location of underground or above-ground utilities: (i) will not be damaged or otherwise adversely affected by the opening of such alley; or; (ii) if existing utilities would be adversely affected, the applicant agrees to relocate such utilities, at applicant's sole cost and expense; (4) The condition and location of underground or above-ground utilities are such that it is unlikely that any paving or other surface improvements to be constructed or installed in such alley will be disturbed to replace, repair or upgrade such utilities within the succeeding five years; and (5) Any applicant seeking a permit to improve such alley for public use has demonstrated the financial ability to fully comply with the requirements of this article, including, without limitation, the improvement of the alley to the standards prescribed in section 40-343 of this Code, if applicable. (c) Minimum requirements. The following requirements shall apply in connection with the improvement for public use of any alley: (1) A minimum right-of-way width of ten feet shall be available within such alley; (2) Alleys with a right-of-way width of 20 feet or less shall be restricted to one-way traffic and shall connect two public streets; (3) The junction of the alley and any connecting public street shall be at right angles, except as otherwise approved by the city engineer; (4) The alley shall be constructed and improved in accordance with the standards, specifications and requirements set forth in section 40-343 of this Code; (5) Minimum paving widths shall be 12 feet for alleys with a right-of-way width of 15 feet or more and eight feet for alleys with a right-of-way width of less than 15 feet; and (6) An applicant must obtain the permit and post the bond (or cash deposit) required by this article. (Ord. No. 99-379, § 3, 4-21-99)

Houston Code of Ordinances § 40-342.1 Acceptance of existing alleys for public use.

Sec. 40-342.1. - Acceptance of existing alleys for public use. (a) Purpose. The purpose of this division is to provide a procedure alternative to provisions of section 40-342 of this Code whereby the owners of property abutting an alley ("applicants") may petition the city to accept the alley for public purposes. (b) Scope. This section does not apply to: (1) Service drives or other routes that serve the principal purpose of providing access for a single property; (2) Public streets; or (3) Any alley that has been duly accepted by the city by any other method. (c) No abridgement or limitation on deed restrictions. With respect to private individuals and entities, this section and/or the city's decision to accept and maintain an alley hereunder does not abridge or limit any current or future deed restrictions that apply to such alley or any easement or right-of-way adjacent to the alley. (d) Petition—Form. The applicants seeking city acceptance of an alley for public use shall submit to the city engineer a petition in the form promulgated therefor by the Director of Houston Public Works or his designee, who may revise the petition form from time to time as he deems appropriate. (e) Petition—Number of applicants. For the city engineer to consider such a petition, the minimum number of applicants required to sign the petition shall be as follows: (1) If the alley was dedicated to public use by a recorded plat or instrument, 51% of all persons owning property abutting the alley, on a block-by-block basis, between two streets; or (2) If the alley was not dedicated to the public by a recorded plat or separately recorded instrument, 100% of all persons owning property abutting the alley on a block-by-block basis, between two streets. (f) Petition—Required accompaniments. Along with the signed petition, the applicants must provide the following: (1) Copies of recorded instruments vesting title in all property owners abutting the alley; (2) If there are any city-owned signs or markers in the alley, photographs of such signs or markers; (3) If any fence, structure or other item of private property (other than property owned by private utilities) encroaches into the alley, the written agreement of the owner of such structure or property to move same, as required by subsection (i) of this section; (4) A list of city services to be provided in the alley that the applicants are requesting, if any; (5) Any other proof of ownership as deemed necessary by the city engineer; and (6) Upon request by the city engineer, a boundary and a topographic survey by a surveyor licensed to practice in the State of Texas showing improvements, easements, rights-of way, drainage, utilities, water lines, sanitary sewers, storm sewers, ditches, culverts, encroachments, and extent and type of pavement surface. (g) Standards. In order to be accepted by the city, an alley must meet the standards set forth in the Infrastructure Design Manual, as promulgated and revised from time to time by Houston Public Works, unless the city engineer determines that it is necessary or appropriate to alter or waive one or more standards with respect to a particular alley, if in the public interest to provide public access. (h) Acceptance. The city is not obligated to accept any alley. The determination of whether the city will accept an alley shall be made by the city engineer, whose decision shall be final. When an application is denied, no subsequent application for acceptance of the same alley shall be eligible for consideration for at least one year, unless this limitation is waived by the city engineer for good cause. (i) Removal of encroachments. The owner of any fence, structure or other item of private property (other than property owned by private utilities) that encroaches into the alley shall remove same within 30 days following acceptance of the alley by the city. (Ord. No. 08-167, § 2, 2-27-08; Ord. No. 2018-11, §§ 49, 50, 1-10-2018)

Houston Code of Ordinances § 40-342.2 Inventory of alleys.

Sec. 40-342.2. - Inventory of alleys. The Houston Public Works shall make reasonable efforts to maintain an inventory of alleys within the city, to determine whether such alleys are accepted for public use or are for private access, and to maintain such inventory in a form that is accessible to the public. A copy of the inventory shall be maintained on file in the office of the city engineer. (Ord. No. 08-167, § 2, 2-27-08; Ord. No. 2018-11, § 50, 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_ARTXVAL_DIV2PUUSALFetched: 10/26/2026