Working within the Right-of-Way

Per City Council Resolution RES-2023-623 passed on August 29, 2023, the City Council revised the Fiscal Year 2022-2023 operating budget fee schedule with respect to certain fees for Public Works – Engineering Services, Public Works – Traffic Services, and Municipal Drainage Fund, all effective September 1, 2023, for the purpose of complying with revisions to Texas Local Government Code Chapter 212 per House Bill 3492 of the 88th Legislative Regular Session. 

In case any work for which a permit is started prior to obtaining such a permit, the fee above-specified shall be doubled

• Review Fee Rate Calculations(PDF, 43KB)
• Inspection Fee Rate Calculations(PDF, 43KB)

1. Contractor / Cement Bonded Residential Property Owner submits plans to ROW-Permits@wacotx.gov for plan review. The email should include, date and time stamped photograph(s) showing the full area of the right-of-way of the proposed work, the address for the project, plans with dimensions including distance from the property line and/or adjacent streets, and the contact information for the bonded contractor.
2. Development Engineer determines type of permit needed (cement permit or street opening permit); distributes approved plans and a summary of quantities to Engineering Administrative Assistant for invoicing and the Right-of-Way Engineering Inspector.
3. Contractor / Cement Bonded Property Owner will obtain the right-of-way permit and an invoice for payment from the Engineering Administrative Assistant.
4. Contractor / Cement Bonded Property Owner makes payments through the Inspection Services Department..
5. Engineering Administrative Assistant issues right-of-way permit.
6. Contractor / Cement Bonded Property Owner is to contact 24 hours in advance of construction the Right-of-Way Engineering Inspector for the inspection.

Plan Requirements for Franchise Utilities Right-of-Way Permits per Code of Ordinances Sec. 23-22. Same—Location and placement.

1. For 4-inch and smaller franchise utility line note of a 3-foot horizontal separation distance from outside to outside existing water, sanitary sewer, and stormwater facilities is sufficient.
2. For 6-inch and greater franchise utility line need to show the existing water, sanitary sewer, and stormwater facilities in the plan view and maintain the 3-foot horizontal separation from outside to outside. Need to show in the profile view maintaining a minimum of 6-inch vertical separation from outside to outside when crossing any existing facility.

Expedited process for routine maintenance or repetitive small scale work such as leak repairs.

1. Utility submits permit request forms via email to ROW-Permits@wacotx.gov
2. Development Engineer reviews request and issues permit for locations listed on request.
3. Utility notifies Right-of-Way Engineering Inspector 24 hrs before beginning work.
4. Right-of-Way Engineering inspects backfill before surface replacement is performed.

Construction within Right-of-Way that does not meet the requirements of the expedited process.

1. Utility submits permit request and plans to ROW-Permits@wacotx.gov in accordance with ordinance.
2. Development Engineer reviews plans and issues permit.
3. Utility contacts Right-of-Way Engineering Inspector 24 hrs before beginning work.

Emergencies — An emergency as defined by City Ordinance.

1. Utility contacts City Engineer or Engineering Inspections Supervisor before performing any work or as soon as practical after beginning work.
2. Utility is still responsible for submitting a written permit request to ROW-Permits@wacotx.gov.
3. After plan is accepted Public Works Department will issue permit.

What is the right-of-way?

The right of way includes all paved surface plus the curb and gutter plus some distance behind the curb. The width of right of way behind the curb varies. A public map is available online.

When is a right-of-way permit required?

If the proposed work falls within the City of Waco right-of-way, a permit is always required.

***A “Building Permit” does not cover any work to be done in the right-of-way (driveways, sidewalks, curb & gutter, alleys, etcetera.)***

Which right-of-way permit is required and who can get the permit?

• Cement Permit - (residential or commercial) for any concrete work to be performed within the right-of-way. This permit can only be issued to a contractor or property owner that is bonded with the city.
• Street Opening Permit - for all excavation and/or installation of utility appurtenances within the right-of-way. This permit will be issued to the contractor that will be performing the work.

What is required to get a right-of-way permit?

For a Cement Permit only, the contractor or property owner must have a City of Waco Cement Bond on file. All permits, plans or drawings approved by the City of Waco Development Engineer is required.

***A Traffic Control Plan shall be required for any obstruction of the flow of traffic on collector or arterial streets and for any traffic lane closures which obstruct the flow of traffic for longer than four hours at a time on local streets. Traffic Control Plans shall be prepared and submitted. Review and approval can take up to 15 calendar days***