An encroachment is the placement of a structure or utility across, above, upon, within or underneath a public right-of-way or easements. This encroachment may be allowed through the use of an encroachment agreement between the City of Waco and the property owner.
The encroachment agreement states that if City departments or utility companies damage the structure, sidewalk, or fence, etc. through which the encroachment occurs, then it is the responsibility of the property owner to make all necessary repairs at his or her cost. There will be no cost incurred by the City of Waco or utility companies. This process only requires Waco City Council action to complete.
A property owner is required to write a letter addressed to the City of Waco, stating the reasons for an encroachment agreement to be granted. The owner must also submit a survey map and field note description of the area of encroachment, structures, and utilities present. An application form is not required.
Planning Services will coordinate the process and develop a report to the Waco City Council. This report will include the conditions for approval or denial of the encroachment request. If any utilities are present in a section of public right-of-way to be encroached, then a general utility easement will be retained for that entire portion where existing utilities are located. There may also be additional staff requirements to eliminate traffic hazards or other problems that may arise during this process.
The Encroachment Agreement process requires Waco City Council action in the form of a resolution and normally takes 30 days from the date submitted to Planning Services for processing. This time frame may vary depending on the initial submittal date. Planning staff reviews each submittal normally within 7-10 days. It is then placed on the Waco City Council agenda for action.
There is a non-refundable application fee(PDF, 142KB) .
Encroachment Process at a Glance
Encroachment Agreement request submitted online (items required listed below)
- Letter stating reason for request
- Survey map and field note description of the area of encroachment
- Request reviewed by city staff and utility companies
- Receive comments and prepare report
- Place on the Waco City Council agenda for action
Notices mailed to property owners within one block by standard mail service
- Waco City Council Public Hearing