Excavation and Facility Installation Permits.

Austin City Code tit. 14, ch. 14-11, art. 2, div. 3, subpt. B

in effect

Austin City Code § 14-11-171 PERMIT REQUIRED.

§ 14-11-171 - PERMIT REQUIRED. (A) Except as provided in Section 14-11-172 (Emergency Operations), before excavating or installing a facility in a right-of-way a person or that person's agent shall obtain a permit under this division. (B) A person who obtains a permit under this division is not required to obtain a temporary use of right-of-way permit required by Section 14-11-131 (Permit Required). Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-172 EMERGENCY OPERATIONS.

§ 14-11-172 - EMERGENCY OPERATIONS. (A) An owner may begin emergency operations without a permit, provided the owner notifies the director of the location and nature of the emergency condition prior to or at the time the emergency operation commences, and provided the emergency operation is necessary to prevent an imminent threat to public health or safety. (B) An owner who begins emergency operations shall apply for a permit not later than noon of the next city business day. (C) An owner must comply with the procedures prescribed in the Utility Criteria Manual and the Transportation Criteria Manual in performing an emergency operation. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-173 APPLICATION FOR A PERMIT.

§ 14-11-173 - APPLICATION FOR A PERMIT. (A) An applicant for a permit to excavate or install a facility in the right-of-way shall submit an application on a form and in the manner prescribed by the director. (B) An application must include: (1) the name, address, telephone, and facsimile telephone number, if any, of the applicant or applicant's agent; (2) an emergency telephone number at which the applicant, or person who intends to excavate may be contacted on a 24 hour basis; (3) the proposed beginning and ending dates of any activity requiring use or occupation of public right-of-way; (4) a schedule for restoration of the right-of-way; (5) the proposed area, method, and location, including street address, cross streets, or other applicable description of the excavation or facility installation; (6) proof of insurance and security as required by Sections 14-11-102 (Insurance Required) and 14-11-103 (Security Required); (7) proof that the owner has a franchise, license, or other legal right to install facilities in a right-of-way, if the proposed activity is installation of a facility; (8) proof that the applicant or its contractor is licensed under Section 25-6-231 (License Required) of the City Code, if applicable; (9) for excavation within 100 feet of a moonlight tower or within 100 feet of a guy wire supporting a moonlight tower, excavation or construction plans and sequencing information that demonstrates that the moonlight tower will be adequately protected from damage during the excavation or construction; (10) a quality assurance and damage mitigation plan, if required; (11) a certification from the applicant that a pre-application site assessment for a facility installation has been completed and that the application being submitted addresses all comments received and issues raised during the site assessment, if applicable; (12) a statement that the applicant has complied with applicable state and federal laws and regulations; and (13) any other information required by the director to evaluate and process the application. (C) In addition to the requirements of Section 14-11-164 (Seal of Professional Engineer Required), the application must be accompanied by drawings, plans, and specifications, as applicable, bearing the seal of a professional engineer licensed to practice in the State of Texas. The suggested format for documents is 11 inches by 17 inches at a scale of no smaller than 1 inch = 40 feet in plan view, and 1 inch = 6 feet in profile view. Each document must include: (1) horizontal alignment of all proposed facilities in relation to all existing public and private facilities in plan view; (2) representation of the vertical alignment of the facilities in profile view; and (3) a note instructing the contractor to verify the location of the underground utilities at least 100 feet in advance of all proposed utility crossings, and also at locations where the proposed facilities are depicted to run parallel to and within five feet of existing facilities. (D) Except as otherwise provided by law, an applicant for a permit shall pay the permit fee and street damage restoration fee prescribed by separate ordinance. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17; Ord. No. 20181213-041, Pt. 1, 12-24-18.

Austin City Code § 14-11-174 QUALITY ASSURANCE AND DAMAGE MITIGATION PLAN.

§ 14-11-174 - QUALITY ASSURANCE AND DAMAGE MITIGATION PLAN. (A) This section applies to an excavation project of 2,500 linear feet or more. (B) An applicant must prepare and obtain the director's approval of a quality assurance and damage mitigation plan. (C) A quality assurance and damage mitigation plan must include: (1) a description of the applicant's procedures for: (a) inspecting the project; (b) locating and safeguarding utility facilities adjacent to the excavation site; and (c) repairing damage to infrastructure and right-of-way. (2) the names of and contact numbers for employees authorized to make decisions over construction activity at the excavation site who may be contacted at any time during the day or night; (3) for an excavation within five feet of a utility, a description of the procedures for avoiding damage to the utility; (4) procedures for responding to damage to an existing utility, including emergency traffic control and the name and contact number of the engineer and contractor who will repair the damage; and (5) other information related to applicant use of the rights-of-way requested by the director. (D) A single quality assurance and damage mitigation plan is required for a project. A copy of the plan must be submitted with each excavation project description. (E) A permit holder shall update the quality assurance and damage mitigation plan not less than once each year for excavation projects that are not completed within one year of the initial permit application date. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-175 REVIEW OF APPLICATION.

§ 14-11-175 - REVIEW OF APPLICATION. In reviewing an application for a permit, the director shall consider the following: (1) the size of surface and subsurface area to be affected; (2) the period of time the applicant proposes to occupy the area; (3) the safety of the pedestrian and vehicular traffic in and adjacent to the occupied area; and (4) the traffic congestion and the vehicular parking requirements at the location. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-176 NEW STREET EXCAVATION.

§ 14-11-176 - NEW STREET EXCAVATION. (A) The director may not issue a permit for excavation in a new street except as provided in this section. (B) The director may approve a permit to excavate a new street under this section only if the director determines that an economical alternative route is not available to the applicant. (C) The director shall make a determination under this section promptly after receipt of an application. (D) A permit holder under this section must pay damages for the loss of street use and reduction in street life, calculated in accordance with the Utility Criteria Manual. (E) The director's determination under this section may be appealed as provided in Section 14-11-104 (Appeal). Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-177 ACTION ON PERMIT APPLICATION.

§ 14-11-177 - ACTION ON PERMIT APPLICATION. (A) The director shall review an application promptly after it is filed. (B) If the director denies an application the director shall provide the applicant a written reason for the denial. (C) The director shall deny an application if: (1) the proposed traffic control procedures or equipment do not comply with the requirements of the Manual on Uniform Traffic Control Devices and the Transportation Criteria Manual; (2) the director determines that the applicant can perform the excavation or installation without blocking or closing the street or without excavation in a right-of-way; (3) the proposed activity violates a city ordinance, applicable criteria manual, or a state law; (4) the applicant fails to furnish the information required by this division; (5) the application contains misleading or false information; (6) the proposed activity conflicts with a permit previously approved by the director; (7) the proposed activity would cause a safety hazard or impede traffic flow unless the application provides adequate protection for pedestrian or vehicular traffic at the location of the proposed activity; (8) the owner does not have a franchise, license, or other legal right to place facilities in the right-of-way, if applicable; (9) the applicant for an excavation or installation project or its contractor is not licensed under Section 25-6-231 (License Required) of the Code, if applicable; (10) the applicant's proposed restoration method and schedule do not meet the requirements of the Utility Criteria Manual; (11) the applicant failed to restore the right-of-way as required; (12) the applicant owes the City unpaid fees imposed by this division; (13) the director determines that the applicant has failed to demonstrate that an excavation or facility installation is necessary considering any unused capacity of facilities existing in the right-of-way or permitted or pending permit approval for installation in the right-of-way; or (14) the applicant does not have an agreement with a pole owner allowing the applicant to attach the facilities for which the applicant is seeking a permit for facility installation. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-178 FACILITY INSTALLATION PERMIT TERM.

§ 14-11-178 - FACILITY INSTALLATION PERMIT TERM. (A) Unless a permit expires sooner for non-performance or is terminated before expiration, a permit issued for installation of a facility in the public right-of-way expires at midnight on the fifth anniversary of the date of its issuance. (B) The director may extend the expiration date for successive periods of up to five years each if the permit holder requests an extension not later than 30 days before the expiration of the then-current permit term. (C) A permit is not eligible for an extension if, on the date the extension request is made: (1) the owner has been notified that it is not in compliance with applicable federal, state, or local law and has not, in the opinion of the director, diligently pursued action to comply with the law; (2) the permitted facility is attached to a pole in the public right-of-way and the facility owner has not provided to the director a valid and binding agreement with the pole owner granting the facility owner a right to attach to the pole for a period that extends beyond the requested extension period; or (3) the then-current permit expires in less than 30 days. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-179 EXCAVATION SEQUENCE AND PERMIT TERM.

§ 14-11-179 - EXCAVATION SEQUENCE AND PERMIT TERM. (A) The director will publish an excavation sequence no later than the 30th day following the project description deadline described in Section 14-11-167(A) (Scheduling and Coordination in the Downtown Austin Project Coordination Zone). (B) An excavation permit is valid during the period prescribed by the director. (C) If a permit holder does not begin excavation according to the excavation sequence, the director may reschedule the excavation activity for the end of the excavation sequence and permit the next scheduled excavation to begin. (D) If the director determines that an excavation activity is 14 or more days behind the approved schedule in the excavation sequence, the director may order that all work on the excavation activity be stopped. The director may discontinue the project until a later time period in the excavation sequence or until a later excavation sequence. (E) The director may extend the finish date if the extension does not interfere with the coordination of projects within the excavation sequence. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-180 EXCAVATION OR INSTALLATION PERFORMED UNDER PERMIT.

§ 14-11-180 - EXCAVATION OR INSTALLATION PERFORMED UNDER PERMIT. (A) A permit holder shall comply with the terms and conditions of the permit, the applicable criteria manuals, including the Utility Criteria Manual and the Transportation Criteria Manual, and applicable law. (B) A permit holder shall install facilities in the right-of-way assignment determined by the Utility Location and Coordination Committee. (C) A facility may not be installed 24 inches or more from an approved right-of-way assignment, or 24 inches or less from an existing facility in the right-of-way, without first submitting a project description for and obtaining approval of a right-of-way assignment change by the Utility Location and Coordination Committee. (D) A permit holder shall provide and maintain traffic control devices required by the Manual on Uniform Traffic Control Devices, the Transportation Criteria Manual, or the permit. The devices must be in good condition, clean, and legible. (E) A permit holder shall perform permitted activities, including protection of moonlight towers, in accordance with the plans and specifications approved by the director. (F) A permit holder engaged in construction or excavation within 100 feet of a moonlight tower shall provide a protective barrier around the moonlight tower and supporting guy wires. (G) A permit holder shall perform jacking and boring operations in a manner that does not weaken or impair the right-of-way. (H) A permit holder shall post a sign at each entrance to an excavation site that is clearly visible to motorists and pedestrians traveling near the excavation site. The sign must be at least 36 inches by 36 inches, with black lettering at least two inches in height on a white high intensity reflective background. The sign must contain the name of the owner, the permit holder, and an emergency contact name, address, and telephone number. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-181 RELOCATION OF FACILITIES.

§ 14-11-181 - RELOCATION OF FACILITIES. (A) A facility owner shall remove, relocate, or alter a facility in a public right-of-way if the director determines that removal, relocation, or alteration of the facility is necessary for the construction, operation, repair, maintenance, or installation of a City or other governmental entity's facility. (B) Except as provided by Subsection (C), a facility owner shall remove, relocate, or alter the location of its facility in a public right-of-way not later than the 120th day after the director sends written notice. (C) An owner shall remove, relocate, or alter a facility in a public right-of-way by no later than the deadline assigned by the director: (1) if the facility is located outside of the approved right-of-way assignment; or (2) if the director determines the action is necessary to abate a risk to public health, safety or welfare. (D) If an owner fails to remove, relocate or alter a facility by the deadline described in Subsections (B) or (C), the City may remove or relocate the facility at the owner's sole expense. (E) The owner shall pay all relocation and alteration expenses, including consequential damage that results from locating a facility outside the assigned area. (F) This section does not prevent an owner from recovering the cost of relocating or removing a facility in the public right-of-way from a non-governmental third party that initiates a request for relocation or removal, or from a governmental entity that has authorized payment for relocation or removal costs. (G) The owner shall provide the director with documentation and field location records for a relocated facility. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-182 MAINTENANCE OF EXCAVATION REPAIRS.

§ 14-11-182 - MAINTENANCE OF EXCAVATION REPAIRS. (A) A permit holder shall maintain repairs in the right-of-way. The director may require a permit holder to enter a maintenance agreement for a period not to exceed two years and provide a surety bond in the amount of $10,000 for maintenance of the repair. (B) A permit holder shall warrant, and by acceptance of a permit, does warrant for a period not to exceed two years, pavement repairs made by the permit holder until the City or another permit holder reconstructs the street or overlays the repair. An owner shall warrant backfill for the lifetime of the facility. (1) The director shall notify a permit holder of repairs required under this subsection. (a) A permit holder shall make the repairs within one week of notification. (b) If repairs are not made by the permit holder within one week of notification, the City may repair the street and the permit holder, by accepting the permit, agrees to pay the City's actual cost of making the repair. (C) An owner shall adjust and maintain adjustments of utilities in advance of City capital improvements for a period of six weeks following the adjustment or until the City begins construction of the improvement, whichever period is less. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

Austin City Code § 14-11-183 RESTORATION OF EXCAVATION SITE.

§ 14-11-183 - RESTORATION OF EXCAVATION SITE. (A) Except as otherwise provided by law, a person who excavates a street, sidewalk or driveway shall pay the City's cost to inspect and restore the pavement. (1) On completion of a permitted activity, a permit holder shall restore and maintain the right-of-way to its original condition in accordance with the procedures and time period prescribed in the Utility Criteria Manual, the Standards Criteria Manual, or the Transportation Criteria Manual, as determined by the director. (2) The director shall inspect the excavation and may finish the excavation and bill the owner or the permit holder, or apply the security, for the entire cost, if the permit holder does not finish the excavation within four weeks after the director makes a final inspection. (B) If the director revokes a permit under Section 14-11-201 (Permit Required), the permit holder shall immediately restore the affected areas to their original condition. The permit holder must complete the restoration within 24 hours after the revocation and shall remove equipment, persons, materials, and debris from the right-of-way. The permit holder shall restore the area in compliance with the procedures contained in the Transportation Criteria Manual or the Utility Criteria Manual. (C) If the director determines that the owner has not restored the right-of-way as required by this division or that the restoration is not complete, the director may restore the area to the condition that existed before the permitted activity. The City may recover from the permit holder and the owner, jointly and severally, the actual expenses incurred in the restoration including, the cost of labor, materials, overhead, rental of equipment used in restoring the site, and attorney's fees. The City may institute procedures to forfeit bonds or other security furnished in connection with the permit. Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.

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_ART2USRI-WCOEXFAINTEUS_SPBEXFAINPEFetched: 10/27/2026