Land Development Engineering reviews development plans for constructability and right of way code compliance. We also continue to assist the public with obtaining rights for the use of City right-of-way and easements (streets, sidewalks, alleys, public utilities) through a variety of means depending on the project.
Property owners may obtain a license agreement with the City of Austin to temporarily encroach into a public right-of-way or an easement for the private use of a structure or improvement (see City Code Chapter 14-11). However, License Agreements are NOT a permit to excavate in the City's right-of-way. If your work involves excavation, please contact the Right of Way Management Division. The City reserves the right to give the Licensee 90 days' notice to remove the encroaching improvement. The following are the most common examples of when license agreements are required:
For questions about license agreements, please email the Land Management team at LandManagement2@austintexas.gov.
Required Documentation
To request a license agreement you will first need to gather all of the required documentation in PDF format as listed below. Missing documentation may result in a rejection of your application.
1. License Agreement Application (PDF)
4. Site Development Plans (all sheets) after first round of comments or SDP Exemption sheets
Any changes made in the right-of-way or easements to the site plan must be resubmitted for review. Failure to do so will result in a delay in processing your license agreement.
License Agreement Plan Sheet, landscaping and irrigation plans must be in incorporated into the Plan Set or Site Plan Correction will be required.
Provide Irrigation Sheets/Plans (all sheets) and Landscape / Irrigation Notes for streetscapes
14. Engineer plans/drawings - Construction Drawings and Detailed Plans
Signed and stamped
Any changes made in the right-of-way or easements to the plans must be resubmitted for review. Failure to do so will result in a delay in processing your license agreement.
(if tower crane, must include swing radius to the tip of the jib drawings with utilities shown)
15. Certificate of Insurance
For General Liability naming the City of Austin as additional insured to the policy.
Important: The name of the insured and licensee must be the same.
18. Retention System-Signed Agreements / Notifications
Obtain “Signed Agreements” with adjacent property owners when soil nails/retention system encroach into the adjacent property.
ALTERNATE METHOD OF COMPLIANCE is required if crossing the centerline of ROW. Requirements include signed agreements with property owners and additional city department approvals.
21. Crane Notification
Provide Certified Receipts/Letters to adjacent property owners where swing radius is crossing the centerline and/or swinging over property line.
22. 91-day Removability Plan
Only required upon reviewing site plans for any items such as walls, canopies, stairs, handrails, etc.
Application Submittal and Review ProcessConsultation (optional)
We are happy to meet with you before you submit your application. We will review your project, your documentation, and answer any questions you have. Please contact us at LandManagement2@austintexas.gov to request a virtual or in-person meeting.
Submitting the application
After all the above-required documentation has been gathered, log in to Austin Build + Connect portal (AB+C),
Completeness Check
Upon submission of your application and all required documentation, a property agent will review your application to ensure completeness. Some projects may require additional documentation based on the project, and the property agent will notify you if more information is needed. Examples may include:
- Signed Agreement with adjacent property owners
- Alternative Method of Compliance
- Recorded Easement Document
- Approval from Texas Walk of Stars
Payment
When your application has been reviewed and determined to be complete, you will be invoiced an application fee. Please submit payment through the AB+C portal.
If an alternative AB+C user account needs to be invoiced in lieu of the applicant, please email LandManagement2@austintexas.gov the payee's user account email address and the property it is in reference to.
Reviews and Approvals
After payment has been received, staff will create a review packet and launch the review process. The review runs concurrently with the required City departments and private utility stakeholders. These reviews ensure that the public's interest in the rights-of-way or easements is protected. Customers will be copied on all correspondence with reviewers and it is their responsibility to work with the reviewers to clear, resolve, or accept any rejections. This process has a suggested time frame of 14 business days for the reviewers, however, this is not an exact deadline. All comments must be cleared by all reviewers, and the project must be fully approved before it can move forward to the drafting stage.
Drafting the Agreement
After all comments are cleared and approved with the reviewers, the survey will be reviewed, and a final cursory review will be conducted by land management staff. Once approved and all required documents are confirmed, staff will send a template of the agreement to the applicant to complete, and return with all supporting documentation (signature authority / corporate resolution). The agent will review the draft and supporting documentation, and then send the final agreement to be executed by the applicant first. The applicant then provides the executed agreement to the agent, and the agent will have the agreement executed by the City.
Recording with the appropriate County
The completed and signed agreement is then recorded with the County. There is an additional recording fee assessed by the County based on the number of pages being recorded. select "Apply for Right of Way Permits" select "Land Management" select "License Agreement" complete the online application upload all of the PDF documentation select "submit".
Please note: Incomplete submissions that are missing the required documents listed above may result in a rejection of the application.
An easement is a vested interest (property right) in which the city's utility has been granted by a person or entity for a specific limited purpose for the waterline, wastewater, electricity, or many other uses. An easement is on private property and not within the city's public right of way.
City of Austin Code Chapter 14-11 - Use of Right of Way, Division 2 Release of Public Easement allows a property owner to apply for an easement release. The release may be in full or for a portion of the easement. To grant an easement release, the city determines the release will not disrupt or interfere with the present or future needs of the applicable city utility department and private utility providers. The release will require consent from all stakeholders, i.e. all parties who currently enjoy the rights of the easement. This action does not require council approval.
For questions about easement releases, please contact LandManagement@austintexas.gov.
Required Documentation
To request an easement release you will first need to gather all of the required documentation in PDF format and name each document as shown in bold below:
If a new easement will need to be dedicated:
A right-of-way encroachment grants the applicant the permanent right for the use of a public Right-of-Way for a private improvement, items including but not limited to Sky Bridges, Balconies, Underground Parking Garages, etc. See City of Austin Code Chapter 14-11 - Use of Right of Way, Division 4 Permanent Encroachment of Public Right-of-Way. All requests for right-of-way encroachments require City Council approval.
Before submitting an application for right-of-way encroachment, please contact LandManagementROW@austintexas.gov to schedule an initial consultation.
IMPORTANT: If multiple parcels are included in the application, all owners must be exactly the same, if not, a quitclaim deed for the ROW land can be signed over to one entity.
Initial Consultation
Before submitting an application for a right-of-way encroachment, please contact LandManagementROW@austintexas.gov to schedule an initial consultation (required).
Austin Utility Location and Coordination Committee (AULCC) meeting sheet with all reviewer responses, or comments. If any reviewer did not respond or was not present at the meeting, please notate that on the minute sheet. (All fields completed)
Submitting the application
After all the above-required documentation has been gathered, log in to Austin Build + Connect portal (AB+C),
Completeness Check
Upon submission of your application and all required documentation, a property agent will review your application to ensure completeness. Some projects may require additional documentation based on the project, and the property agent will notify you if more information is needed.
Payment
When your application has been reviewed and determined to be complete, you will be invoiced a fee. Please submit payment through the AB+C portal. Review of your application will not begin until after payment is received.
If an alternative AB+C user account needs to be invoiced in lieu of the applicant, please email LandManagementROW@austintexas.gov the payee's user account email address and the property it is in reference to.
Reviews and Approvals
After payment has been received, the application review process begins with multiple City departments and private utility stakeholders reviewing the application concurrently. These reviews ensure that the public's interest in the rights-of-way is protected. Customers will be copied on all correspondence with reviewers and it is your responsibility to work with the reviewers to clear, resolve, or accept any rejections. This process has a suggested time frame of 14 business days for the reviewers, however, this is not an exact deadline.
Boards and Commissions Reviews & Public Notices
The department Director may submit for review with the appropriate Boards and Commissions. The applicant must represent themselves to the Boards during these meetings and be prepared to answer any questions.
Submit for Appraisal
The applicant will need to file a 1295 form with the state, and pay the City the appraised value for the public rights the City is vacating.
City Council Vote
The appropriate department Director will represent the application/file at the scheduled Council meeting. The applicant and owner should be available to answer any Council questions.
Recording with appropriate County
After Council has approved the City entering into an Encroachment Agreement, the agent will receive the Ordinance from the City Clerk (this takes about 7 days). Staff will then draft and distribute the Encroachment Agreement. Insurance Certificate with the City being shown as additional insured is required. Corporate Resolution showing signature authority will be reviewed and checked against the Secretary of State's website. Once confirmed and the document is signed by all appropriate parties the document will be recorded in the appropriate County. This process takes 3 - 6 weeks.
A right-of-way vacation is requesting the City to relinquish the public’s interest in the property, and can only be requested by the adjoining property owners. Public Notice goes to owners within 300’, as well as any identified Neighborhood Associations. See Austin Code 14-11 - Use of Right of Way, Division 5 - Vacation of Public Right-of-Way. City Council approval is required.
Before submitting an application for a right-of-way vacation, please contact LandManagementROW@austintexas.gov to schedule an initial consultation.
IMPORTANT: If multiple parcels are included in the application, all owners must be exactly the same, if not, a quitclaim deed for the ROW land can be signed over to one entity.
Required Documentation
Survey (per detailed City guidelines (PDF) )*
Original Plat showing the right-of-way (alley or road) being dedicated/created
Conveyance Deed (most recent deed(s) to show ownership of adjoining property owner(s))
Authorization letter (if the applicant is different from the owner), showing that the owner, or the authorized agent for the owning entity, signs rights to give the applicant authority to represent them through the process.
Visit Travis County Appraisal District Property Search, type in an address, or TCAD or Geo ID # from the survey, print/save report.
Application Submittal and Review Process
Initial Consultation
Before submitting an application for right-of-way encroachment, please contact LandManagementROW@austintexas.gov to schedule an initial consultation. (required).
Submitting the application
After all the above-required documentation has been gathered, log in to Austin Build + Connect portal (AB+C),
Completeness Check
Upon submission of your application and all required documentation, a property agent will review your application to ensure completeness. Some projects may require additional documentation based on the project, and the property agent will notify you if more information is needed.
Payment
When your application has been reviewed and determined to be complete, you will be invoiced a fee. Please submit payment through the AB+C Portal. Review of your application will not begin until after payment is received.
If an alternative AB+C user account needs to be invoiced in lieu of the applicant, please email LandManagementROW@austintexas.gov the payee's user account email address and the property it is in reference to.
Reviews and Approvals
After payment has been received, the application review process begins with multiple City departments and private utility stakeholders reviewing the application concurrently. These reviews ensure that the public's interest in the rights-of-way is protected. Customers will be copied on all correspondence with reviewers and it is your responsibility to work with the reviewers to clear, resolve, or accept any rejections. This process has a suggested time frame of 14 business days for the reviewers, however, this is not an exact deadline.
Boards and Commissions Reviews & Public Notices
The application is submitted for review with the required Boards and Commissions. The applicant must represent themselves to the Boards during these meetings and be prepared to answer any questions.
Submit for Appraisal
The applicant will need to pay the City the appraised value for the public rights the City is vacating. HB 1295 is not required.
City Council Vote
The appropriate department Director will represent the application/file at the scheduled Council meeting. The applicant and owner should be available to answer any Council questions.
Recording with the appropriate County
After Council has approved the City entering into a Vacation Agreement, the agent will receive the Ordinance from the City Clerk (this takes about 7 days). Staff will then draft and distribute the Encroachment Agreement. Insurance Certificate with the City being shown as additional insured is required. Corporate Resolution showing signature authority will be reviewed and checked against the Secretary of State's website. Once confirmed and the document is signed by all appropriate parties the document will be recorded in the appropriate County. This process takes 3-6 weeks.
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