Right-of-Way Construction

Right-of-Way Permits

Anyone who intends to install, reconstruct, or alter facilities in, on, or over the public right-of-way is required to obtain a permit prior to construction. A right-of-way permit is required for construction of concrete flatwork (driveways, sidewalks, etc.), landscaping, irrigation, structures (mailboxes, etc.), signs, or utilities of any kind in a public right-of-way or easement. 

How To Apply

Permit applications can be obtained by submitting your application online through the SmartGov portal. Complete the application and turn in the required paperwork including but not limited to the application, construction plans, and certificates of insurance.

Right-of-Way FAQs

What is a public right-of-way?

The area on, below, above, or adjacent to a public roadway, highway, street, alley, sidewalk, waterway or easements (utility, drainage, etc.) in which the municipality has an interest.

Which ordinance applies to construction in and use of the public right-of-way?

Ordinance 2006-59 is the ordinance for Construction in the Public Rights-of-Way. Click here to read the ordinance.

Who does this effect?

Anyone who intends to install, reconstruct, or alter facilities in, on, or over the public right-of-way is required to obtain a permit prior to construction. A right-of-way permit is required for the construction of concrete flatwork (driveways, sidewalks, etc.), landscaping, irrigation, structures (mailboxes, etc.), signs, or utilities of any kind in a public right-of-way or easement. 

How much does a Right-of-Way Permit cost?

Payment for the City of Boerne Right-of-Way Permit is $50 for single-family residential applications and $200 for all other applications and is due at the time that the permit is issued. A separate building permit may be required. Contact the City of Boerne Permitting and Code Compliance for additional information regarding separate building permits.

What is the potential penalty for not complying with Ordinance 2006-59?

The penalty can be assessed up to $500 for each day not in compliance with the ordinance plus the cost to restore the right-of-way to its original condition.