Land Development Engineering

Jump to a section:

• License Agreements (temporary use)
  • Termination (terminate an existing license agreement)
• Assignment and Assumption (assume an existing license or encroachment agreement)
• Easement Releases
• Right-of-Way Encroachments (require City Council Approval)
• Right-of-Way Vacations (require City Council Approval)
• Fee Schedule

License Agreements

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:

• Retention or excavation support systems are used to minimize an excavation area, to keep the sides of deep excavations stable, and to ensure that movements will not cause damage to neighboring structures or to utilities in the surrounding ground. 
   
• Streetscapes are considered improvements and street furnishings made to the outside of a structure in the City right-of-way (streets, sidewalks, alleys, public utilities) for a business. Examples include awnings, canopies, benches, bike racks, trash receptacles, street trees, landscaping, irrigation, outdoor dining areas, and pedestrian lighting.
   
• Tower cranes have a large swing arm (boom) that typically have a swing radius that will cross over a City right-of-way (streets, sidewalks, alleys, public utilities) which is considered as use of the Right-Of-Way and will require a license agreement from the City.

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.

Required Documentation	Retention Systems	Tower Cranes	Street Scapes
License Agreement Application on AB+C Portal and an uploaded signed pdf. See examples of Appurtenances required to be licensed. See applicable License Agreement Annual Fees.	Yes	Yes	Yes
Introduction Letter stating what is being done and the purpose of the project.	Yes	Yes	Yes
Authorization Letter (if the applicant is different from the owner). The letter should show that the owner, or the authorized agent for the owning entity, gives the applicant authority to represent them. Only required if OWNER has not signed application. (If letter is being submitted must not be older than 180 days.)	Yes	Yes	Yes
Metes and Bounds Survey (from a Registered Surveyor) for the proposed license agreement area. *Provide all documents the surveyor references within preamble. View detailed City guidelines	Yes	Yes	Yes
AULCC Meeting Minute Sheet with all reviewers' comments included (all blanks completed). See AULCC information.	Yes	Yes	Yes
Most recent Conveyance Deed(s) to show current ownership of adjoining property owner(s).	Yes	Yes	Yes
Current day Color photo(s) of the proposed licensed area(s) (street view).	Yes	Yes	Yes
Google Satellite map of the project location with cross streets displayed	Yes	Yes	Yes
County Appraisal District Property Detail Sheet(s) Travis CAD Williamson CAD Hays CAD	Yes	Yes	Yes
Current Subdivision Plat including Plat Notes. (if applicable)	Yes	Yes	Yes
Original recorded Plat or Separate Instrument which dedicated the right-of-way (alley or road)	Yes	Yes	Yes
All Current Easement(s) Dedication recorded Document.	Yes	Yes	Yes
All Proposed Easement(s) Dedication Draft Document	Yes	Yes	Yes
All Current Street Deed(s) Dedication Recorded Document	Yes	Yes	Yes
All Proposed Street Deed(s) Dedication Draft Document	Yes	Yes	Yes
91-Day Removability Plan (ex: walls, stairs, handrails, canopies, awnings, etc.) (as needed) See 91-Day Removal Plan example			Yes
Texas Walk of Stars letter of approval. (as needed)	Yes	Yes	Yes
Historic letter of approval. (as needed)	Yes	Yes	Yes
Site Development Plans (all sheets incorporated) including License Agreement Plan Sheet (See Specifications) Landscape, and Irrigation Plans (all sheets) (Sealed by Texas licensed professional engineer or architect). Current & Proposed Easement/ROW callouts and line work is required to be shown on all Plan Sheets (All plan sheets including but not limited to Overall Site Plan Sheet, License Agreement Plan Sheet, Landscaping, and Irrigation Plan Sheet(s)).	Yes	Yes	Yes
Site Plan Exemption Plans (all sheets incorporated) including Cover Sheet, License Agreement Plan Sheet, Landscape, and Irrigation Plans (all sheets) (Sealed by Texas licensed professional engineer or architect). Current & Proposed Easement/ROW callouts and line work is required to be shown on all Plan Sheets (All plan sheets including but not limited to Overall Site Plan Sheet, License Agreement Plan Sheet, Landscaping, and Irrigation Plan Sheet(s)).	Yes	Yes	Yes
Subdivision Plans (all sheets incorporated) including Cover Sheet, License Agreement Plan Sheet, Landscape, and Irrigation Plans (Sealed by Texas licensed professional engineer or architect). Current & Proposed Easement/ROW callouts and line work is required to be shown on all Plan Sheets (All plan sheets including but not limited to Overall Site Plan Sheet, License Agreement Plan Sheet, Landscaping, and Irrigation Plan Sheet(s)).	Yes	Yes	Yes
Proposed Engineer/Architecture drawings/detail sheets of proposed license agreement improvements. (See Construction Drawings and Detailed Plans) (If tower crane, include a full Swing Radius drawing showing the hook and the tip of the jib with utilities shown.) (all sheets) (Sealed by Texas licensed professional engineer or architect). Current & Proposed Easement/ROW callouts and line work is required to be shown on all Plan Sheets (All plan sheets including but not limited to Overall Site Plan Sheet, License Agreement Plan Sheet, Landscaping, and Irrigation Plan Sheet(s)).	Yes	Yes	Yes
Tower Crane Foundation Engineer Drawings, (all sheets) (Sealed by Texas licensed professional engineer)		Yes
Tower Crane Specifications		Yes
Geotechnical Engineering Report Tower Cranes / Retention Systems. (Sealed by Texas licensed professional engineer)	Yes	Yes
Tower Crane Design Calculations (Sealed by Texas licensed professional engineer)		Yes
Retention System Engineer Drawings	Yes
Retention System Design Calculations (Sealed by Texas licensed professional engineer)	Yes
Notification letters and certified letter receipts copy of each sent to adjacent owners. (as needed) See Tower Crane Notification template		Yes
Retention System-Signed Agreements Obtain "Signed Agreements" with adjacent property owners when soil nails/retention system encroach into the adjacent property or crosses centerline.	Yes
Executed Corporate Resolution, Company Agreement or Sole Proprietor documents showing who has signature authority - (If a Business Entity) (prior to recordation). (See Exhibit B)	Yes	Yes	Yes
Certificate of Insurance for General Liability, naming the City of Austin as additional insured to the policy. The name of the insured and licensee must be the same. Streetscapes and Retention Systems for $500k / Tower Cranes for $10M (prior to recordation).	$500k	$10M	$500k
Provide a Lien Search Certificate, not more than 30 days old. (prior to recordation)	Yes	Yes	Yes

Application Submittal and Review Process

Consultation (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.

Termination of a License Agreement

A License Agreement with the City of Austin is to temporarily encroach into a public right-of-way, alley, or an easement for the private use of a structure or improvement. The Licensee/Owner of a property may go through a process of terminating a License Agreement to terminate the responsibility of the existing License Agreement.

The Termination of License Agreement obligates the Licensee to remove all items encumbering the Right of Way and or easement(s) and the Licensee has left the right of way and or easement in good condition.

It is the responsibility of the licensee/owner to notify the City of Austin of their intent to terminate per the terms of the existing license agreement.

For questions, please contact LandManagement2@austintexas.gov.

Required Documentation

1. Application: Termination Agreement Application (PDF)
2. Online Application (AB+C Portal)
   1. Choose "Other" for application type 
3. Copy of original Agreement: (unofficial copy is acceptable)
   • Hays County Clerk web search
   • Travis County Clerk web search
   • Williamson County Clerk web search
4. If there is an annual fee for this License Agreement, please provide evidence that fees are current.
5. Certificate of Good Standing (for parties governed by a jurisdiction outside of Texas)
6. Corporate Resolution of Signature Authority for both Assignor and Assignee. Exhibit "B" (PDF)
7. Site photos within 30 days (all appurtenance removed)
8. Completed Termination Agreement. A Word document template will be sent to the applicant to complete “approved as to form” that will then be verified by city legal for accuracy.

Application Submittal and Review Process

Removal of Improvements

Verification of removal is done by a field check. Improvements include any items defined in the License Agreement, and that no new items have been added outside the original Site Plan. Improvements include items such as walls, canopies, stairs, handrails, etc.

Application Submittal

After all required documents have been gathered, create an account and apply online with Austin Build + Connect portal (AB+C) . Choose "Other" for application type.

Required Documentation

Land Development Engineering will do a completeness check on the documentation received form the applicant. Application must be signed and dated. Making sure all requested documents are provided and using the approved formatting will improve the progression of your application.

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. Review of your application will not begin until after payment is received.

Drafting the Agreement

A final review of documentation will be conducted by Land Development Engineering for completeness and accuracy. Once confirmed, staff will send a template to the applicant to fill out “approved as to form” with the appropriate parties named and contact information.

City Legal

The agent will review the draft and supporting documentation, and then send it for legal review to the City Law Department  for "approved as to form." Once we receive the approved document back from City Legal, it will be sent as a PDF to the applicant via email with instructions to obtain wet signatures. The applicant will need to mail the original wet signature copy to Land Development Engineering.

City of Austin - PDC
ATTN: Land Development Engineering  
P.O. Box 1088 
Austin, TX 78767

Transportation and Public Works Director's Signature

When we receive the Assignment Assumption “approve to  form” document back with wet signatures from the assignor and assignee, we will send it to the Director for a wet signature.

Recording with the County

There is a recording fee assessed by the appropriate county based on the number of pages being recorded. Land Development Engineering will record with the county and invoice the cost to the applicant.

Recordation Fees

When the document has been recorded, you will be invoiced the cost of recordation. Please submit payment through the (AB+C portal) or by check. If paying by check, please make sure it's payable to the appropriate county.

Close Out

Once the Assignment and Assumption has been recorded, an electronic copy is filed in the city’s database and an electronic copy is emailed to the applicant.

Assignment and Assumption

A License Agreement with the City of Austin is to temporarily encroach into a public right-of-way, alley, or an easement for the private use of a structure or improvement. A Right-of-Way Encroachment Agreement 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.

During a sale of property, a title commitment is provided to notify the buyer of liens or other items that encumber the property, such as an existing Agreement. To assume the responsibility of the existing Agreement, either the seller or the buyer of a property must request an Assignment and Assumption of the agreement that is then recorded in the county record.

The Assignment and Assumption agreement confirms that the new owner will “assume” the responsibilities of the Agreement, including an annual fee if applicable, as well as the current insurance requirements.

For questions, please contact LandManagement2@austintexas.gov.

Required Documentation

To request an Assignment or Assumption of a License or Encroachment Agreement you will first need to gather all the required documentation in (PDF) format and name each document as shown below:

1. Application: Assignment and Assumption Application (PDF)
2. Online Application (AB+C Portal)
   1. Choose "Other" for application type
3. Copy of original Agreement: (unofficial copy is acceptable)
   • Hays County Clerk web search
   • Travis County Clerk web search
   • Williamson County Clerk web search
4. If there is an annual fee for a License Agreement, please provide evidence that fees are current.
   Certificate of Insurance for General Liability. Please follow the Certificate of Insurance requirements shown in the original recorded License Agreement or Encroachment Agreement
5. $500,000 General Liability where INSURED AND ASSIGNEE must be the same. City of Austin must be named as Additional Insured.
   City of Austin - PDC
   ATTN: Land Development Engineering 
   P.O. Box 1088 
   Austin, TX 78767
   • Include a waiver of subrogation
   • 30-day notice of cancellation
6. Certificate of Good Standing (for parties governed by a jurisdiction outside of Texas)
7. Corporate Resolution of Signature Authority for both Assignor and Assignee. Exhibit "B" (PDF)
8. Completed Assignment and Assumption Agreement. A Word document template will be sent to the applicant to complete “approved as to form” that will then be verified by city legal for accuracy.

Application Submittal and Review Process

Either the seller or the buyer of a property will reach to the City of Austin to seek and Assignment and Assumption of a License or Encroachment Agreement. An Agreement is recorded in the county records and shows up on a title commitment the title commitment provides to a buyer of a property. The title company should advise the seller to go through the process of either terminating a License Agreement or assigning a License or Encroachment Agreement to the buyer. Most need/want the Agreement to remain in place and choose to assign the agreement to the buyer. This means that the new owner will “assume” the responsibilities of the Agreement. Including an annual fee if applicable and the current insurance requirements.

Application Submittal

After all required documents have been gathered, create an account and apply online with  Austin Build + Connect Portal (AB+C). Choose "Other" for application type.

Required Documentation

Land Development Engineering will do a completeness check on the documentation received form the applicant. Application must be signed and dated. The Assignment and Assumption template will be sent to the applicant to fill out “approved as to form” with the appropriate parties named and contact information.

Making sure all requested documents are provided and using the approved formatting will improve the progression of your application. 

Review

Once Land Development Engineering receives the application and required documentation, we will review documentation and Assignment and Assumption template for accuracy and that all the correct parties are represented.

City Legal

The Assignment and Assumption template is sent to City Legal to “approved as to form.”

Once Land Development Engineering staff receive the approved document back from City Legal, it will be sent as a PDF to the applicant via email with instructions to obtain both the assignor and assignee’s wet signatures. The applicant will need to mail the original wet signature copy to Land Development Engineering. 
 
City of Austin - PDC 
ATTN: Land Development Engineering  
P.O. Box 1088 
Austin, TX 78767

Invoice Payment

Land Development Engineering will confirm the Bill to person and invoice according to the approve Fee Schedule. Pay your bill by creating an account on the Austin Build + Connect Portal (AB+C) and search by the file number associated to the Assignment and Assumption application.

Transportation and Public Works Director's Signature

When we receive the Assignment Assumption “approved as to  form” document back with wet signatures from the assignor and assignee, we will send it to the Director for a wet signature.

Recordation with a Title company (if applicable)

If you are working with a title company, coordinate with their point of contact and have them  request how they would like the Assignment and Assumption document sent to them for recordation. The title company will need to email a copy of the recorded document to LandManagement2@austintexas.gov.

Recordation with Land Development Engineering

Land Development Engineering will record with the county and invoice the cost to the applicant’s Austin Build + Connect Portal (AB+C) account.

Recordation Fees

The applicant can pay the recordation bill on the Austin Build + Connect Portal (AB+C) by the file number associated to the Assignment and Assumption recordation or by check. If paying by check, make sure it’s payable to the appropriate county. (Travis, Hays or Williamson County Clerk)

Close Out

Once the Assignment and Assumption has been recorded, an electronic copy is filed in the city’s database and an electronic copy is emailed to the applicant.

Easement Releases

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:

1. Application
   Signed and completed Easement Release Application ^(PDF).
    
2. Introduction Letter
   Introduction Letter stating what is being done and the purpose of the project
    
3. Survey
   Please provide your surveyor with our guidelines as the City has specific requirements for surveys: Instructions for Surveyors ^(PDF), detailed City guidelines ^(PDF)
    
4. Dedication Easement Instrument
   Only required if dedicated by separate instrument rather than by plat. The dedication easement instrument is what was recorded that shows that the easement exists. Many times, this can be found by looking up the document that was either referenced on the survey, or on the title policy. A good place to start is TCC Search.
    
5. Plat 
   Only if the easement was dedicated by Plat.
    
6. Conveyance Deed 
   This should be the most recent deed to show ownership.
    
7. Authorization Letter
   If the applicant is different from the owner, this shows that the owner, or the authorized agent for the owning entity, signs rights to give the applicant authority to represent them through the process.
    
8. TCAD 
   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

1. Submitting the application
   After all the above-required documentation has been gathered, log in to Austin Build + Connect portal (AB+C),
    
   1. select "Apply for Right of Way Permits"
   2. select "Land Management"
   3. select "Easement Release"
       
      IMPORTANT: Please refer to your survey to determine which type of easement release you are requesting. Your surveyor will have it specified on the survey itself.
      Selecting the wrong application type at the beginning of the process cannot be corrected later, and will need to be voided, and re-started. 
       
   4. complete the online application
   5. upload all of the PDF documentation
   6. select "submit".
       
      Please note: Incomplete submissions that are missing the required documents listed above will be canceled and removed from the system.
       
2. Completeness Check
   Upon submission of your application and all required documentation, a property agent will review your application to ensure completeness. 
    
3. Payment
   When your application has been reviewed and determined to be complete, you will be invoiced a fee based on the current approved Fee Schedule. 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 LandManagement@austintexas.gov. the payee's user account email address and the property it is in reference to.
    
4. 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 or easements is protected. Customers will be copied on the initial 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.
    
5. Recording with the appropriate County
   After the City surveyor has approved, 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. This process takes between 1-3 weeks to complete.

If a new easement will need to be dedicated:

• If related to the active site plan please see your case manager to record. Once recorded please submit a copy to us.
   
• If not related to the active site plan, please discuss with land management the next steps so that it does not hold up your release application.
   
• If, during the easement release process, a reviewer requires a new easement be dedicated, please contact your land management staff member to start this process immediately or it could cause a delay in getting your easement released.

Right-of-way Encroachments

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.

Required Documentation

1. Signed and completed Right-of-way Encroachment Agreement Application ^(PDF)
2. Encroachment Transmittal Letter questionnaire ^(PDF) stating what is being done and the purpose of the project
3. Survey (per detailed City guidelines ^(PDF))
4. 3D Survey
5. Original Plat showing the right-of-way (alley or road) being dedicated/created
6. Conveyance Deed (most recent deed(s) to show ownership of adjoining property owner(s))
7. 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.
8. Visit Travis County Appraisal District Property Search, type in an address, or TCAD or Geo ID # from the survey, print/save report.
9. Color satellite photo of the area
10. If the landowner is a commercial entity and tenants occupy the premises, we require a list of all tenants with names and addresses for public notification.
11. Location map
12. Engineered stamped and sealed site plan/construction drawings and detailed plans.

13. 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)

14. Corporate Resolution of Signature Authority (Exhibit B^(PDF) )

     

Application Submittal and Review Process

Application Submittal

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),

1. select "Apply for Right of Way Permits"
2. select "Land Management"
3. select "Encroachments"
4. complete the online application
5. upload all of the PDF documentation
6. select "submit".
    
   Please note: Incomplete submissions that are missing the required documents listed above will cause delays in the review of your application.
    

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.
 

Review Process

Encroachment Agreement Application Submittal Review Process ^(PDF)

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.

Right-of-way Vacations

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

1. Right-of-way (Street/Alley) Vacation Agreement Application ^(PDF). 
2. Right-of-way Vacation Transmittal Letter
3. Survey (per detailed City guidelines ^(PDF))*
4. Original Plat or Instrument showing the right-of-way (alley or road) being dedicated/created
5. Conveyance Deed (most recent deed(s) to show ownership of adjoining property owner(s))
6. 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.
7. Property Tax or Parcel ID tax record print out for property or properties abutting the Right of Way to be vacated. Visit Travis County Appraisal District Property Search, type in an address, or TCAD or Geo ID # from the survey, print/save report.
8. Google Satellite map of the area to be vacated with cross streets display.

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),

1. select "Apply for Right of Way Permits"
2. select "Land Management"
3. select "R.O.W. Vacation"
4. complete the online application
5. upload all of the PDF documentation
6. select "submit".
    
   Please note: Incomplete submissions that are missing the required documents listed above will cause delays in the review of your application.
    

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.

FY25 Fee Schedule

Effective Oct. 1, 2024

A 4% Development Services Surcharge fee will be added to all fees excluding Pass-Through Fees.

License Agreement Annual Fees