Acceptance of existing alleys for public use.
Houston Code of Ordinances § 40-342.1
in effectSec. 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)
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_DIV2PUUSAL_S40-342.1ACEXALPUUSFetched: 10/26/2026