Closing a sidewalk or driveway for work on private property needs a Temporary Use of Right of Way permit. Austin 311 needs at least three days' notice of a planned closure, pedestrian routes must stay accessible, and a sidewalk should not stay closed beyond 14 days without approval.
Key takeaways
- Closing a sidewalk or driveway for work on private property requires a Temporary Use of Right of Way permit.
- The city asks for at least three days' notice to 311 before a planned sidewalk, bike-lane or alley closure.
- Pedestrian routes must stay accessible while a unit or its truck sits in or beside the right of way.
- A sidewalk should not be closed for more than 14 days without Right-of-Way Division approval.
- The approved permit and the traffic-control plan stay on site for the length of the work.
- Units on sidewalks must leave five feet of continuous pedestrian access under the city's special-events guidance.
Private land versus public right of way: where is the line?
A job site on private land is not automatically clear of the right of way. The line is the sidewalk, driveway, bike lane or alley that a unit or its truck touches, so the planner checks the edge of the property before placing anything.
Most Austin placements sit on the lot itself: a yard, a driveway behind a gate or a clear pad inside a fence. The trouble tends to start at the edge. A unit set at the property line, or a truck that has to stop in the street to unload, can put part of the work in the public right of way even though the job is on private ground. Walk the boundary before the unit is ordered, and mark every point where a truck, a hose or a cord would cross the line.
Downtown and central sites often have little room inside the property. A high-rise job with no street frontage has to work inside the hoarding line or in permitted right of way, and the choice is rarely open. Where the site is tight, the first question is whether the truck and the unit can both fit on private ground, and only after that whether a right-of-way permit is needed. The high-rise and downtown site service covers that kind of placement in more detail.
What is a Temporary Use of Right of Way permit for?
A Temporary Use of Right of Way permit is needed to close a sidewalk or driveway for work on private property. It covers the public space the work takes over for the length of the job.
The permit covers public space in front of or beside a site that the work takes over, such as a sidewalk that has to be closed for equipment, a driveway that a truck blocks or a lane that a delivery needs. These are general right-of-way rules rather than rules written for portable toilets, so the permitting office confirms how they apply to a given unit. A planner should not treat the permit as a simple yes or no answer to the question of placement.
Applications run through the Right-of-Way Management office, and the approved permit has to stay on site once it is granted. The permit is one part of the paperwork, because a closure also needs notice to 311 and a traffic-control plan. Keep the permit, the plan and the notice together in one place, so that the crew, the provider and any inspector can find the same documents without a search.
How much notice does 311 need before a closure?
Austin asks for at least three days' notice to 311 before a planned sidewalk, bike-lane or alley closure. Some city pages word the same requirement as three business days, so the planner counts business days when the calendar is tight.
Notice is easy to leave until the truck is booked, and that is where short jobs get into trouble. A unit that is due on a Monday may have been planned the previous week, and the notice had to be in before the closure began. Build the notice into the schedule as its own line, with the date the closure starts and the date it ends, so that the paperwork does not fall behind the truck.
Because the city's pages count the period in two ways, calendar days in one place and business days in another, the safe approach is to give notice early enough that either count is met. A notice that falls one weekend short of the rule is the kind of gap a neighbor or an inspector notices first. Keep a copy of the notice with the permit and the traffic-control plan on site, so the answer is ready if anyone asks when the closure was reported.
What must stay open for pedestrians?
Pedestrian routes have to stay accessible while the work and the unit occupy the right of way. Under the city's special-events guidance, a sidewalk with items placed along it keeps five feet of continuous, undisturbed ADA and pedestrian access.
A closed or narrowed sidewalk is the part of a placement that pedestrians notice first. The route has to stay usable for someone pushing a stroller, using a wheelchair or walking with a cane, which means the clear width must hold for the full length of the placement and not just at the start of it. A route that is open at the corner and blocked at the middle is not an open route for anyone.
Five feet is the width the special-events guidance asks for, and it is a continuous, undisturbed clear path. A unit at a corner, a cord across the walk or a stack of pallets all break the line. Mark the path at the start of each day and check it after every service visit, since a truck that reverses on the sidewalk can move a unit that was set correctly. The accessible restroom guide covers the same clear-path check from the point of view of a guest who needs a unit.
How long can a sidewalk stay closed?
A sidewalk should not be closed for more than 14 days without approval from the Right-of-Way Division. The planner requests that approval before the closure reaches the limit, not after it has passed.
The fourteen-day line is the point where a short closure becomes a long one in the eyes of the city. A unit left on a sidewalk for a job that runs for months has to be planned around that line from the start. Either the unit moves to private ground before the limit, or the division approves the longer closure in writing, and the second option needs time to arrange.
Long jobs on tight Austin lots often have to change their placement once or twice as the structure rises and the lay-down area shrinks. Plan that move as part of the schedule rather than as a surprise. A relocation that keeps the pedestrian path open and keeps the permit and the notice current is the simplest way to stay inside the limit without starting a new application. For long placements, the long-term rental service is planned around exactly this kind of move.
Where should a unit go, away from creeks and floodwater?
Placement near a creek is a planning question in Austin, because the Halloween 2013 floods damaged homes along Onion and Williamson creeks. A unit on low ground near a creek crossing needs a placement plan that accounts for flood water and the service truck's route.
Creek flooding in Austin is fast and local. The Halloween 2013 floods damaged homes along Onion and Williamson creeks, and buyouts followed in the Onion Creek area. The lesson for a unit is that low ground near a creek crossing can flood faster than a crew expects. A unit on that ground can be moved or damaged, and the truck may be unable to reach it once water is over the road.
Sites near the Edwards Aquifer recharge zone, or along creeks that run through town such as Walnut Creek, Shoal Creek and Waller Creek, need the same care. Choose ground above the creek bed and off the drainage path, and keep the service route clear of low crossings. Ask the provider to check the placement against the site's drainage before the unit is set, and treat any spot that pools after rain as a spot to avoid.
How do you place a unit on a tight downtown lot?
Downtown lots have little room for a yard, so the unit has to fit inside the hoarding line or into permitted right of way. The planner works out the truck's turn, the unit's footprint and the pedestrian path before anything arrives.
Start with the truck. A service truck needs room to stop, pump and leave, and a downtown street may not give it that room without a lane or a driveway closure. Once the truck's position is set, place the unit as close to it as the pedestrian path allows, because every extra step of hose or walking adds time to each service visit and makes the servicing harder to schedule.
Inside the hoarding line, the unit competes with materials, cranes and crews for the same ground, so a fixed spot is more reliable than a convenient one. Agree the position with the site lead when the logistics are drawn, and mark it so the crew does not stage material on the pad. A unit moved by crews to make room often leaves the service truck without a stop, and that is the change to check before it is made.
What does the file for a placement need?
A placement file holds the permit, the notice to 311, the traffic-control plan and a site sketch that shows the unit, the path and the truck. Keep it on site, because the approved permit and plan stay there while the work runs.
The file is short, but it has to be complete. The sketch shows the unit's position relative to the property line, the pedestrian path with its width, the truck's stop and the route in. The permit and the notice to 311 are attached with their dates, so anyone reading the file can see that the closure was planned and approved before it began.
Update the sketch whenever the placement moves, and note the date of the move. A relocation that changes the path or the truck's stop needs the same checks as the first placement, including the notice and the pedestrian route. A current file lets the provider and the site crew agree on where the unit is without a phone call, and it gives an inspector one set of documents to read rather than several.
Frequently asked questions
Do I need a permit to put a portable toilet on my own lot?
The Temporary Use of Right of Way permit applies when a sidewalk or driveway in the public right of way is closed for work on private property. A placement entirely on private ground is a separate question. Ask the permitting office how the general rules apply to the exact placement before the unit is set.
How much notice does 311 need?
Austin asks for at least three days' notice to 311 before a planned sidewalk, bike-lane or alley closure. Some city pages count it as three business days, so give the notice early enough to satisfy either reading. Keep the notice with the permit and the traffic-control plan on site.
How long can a sidewalk stay closed?
A sidewalk should not be closed for more than 14 days without Right-of-Way Division approval. Long placements should plan for that approval before the limit is reached. Moving the unit to private ground is the other option, and it avoids the closure altogether.
What is the pedestrian width requirement?
The city's special-events guidance asks for five feet of continuous, undisturbed ADA and pedestrian access where items are placed on sidewalks. The clear path must hold along the whole length of the placement. Check it at the start of the day and after each service visit.
Is a placement near a creek safe?
The 2013 floods along Onion and Williamson creeks show that creek flooding in Austin is fast and local. Choose ground above the creek bed and off the drainage path, and keep the service route clear of low crossings. Ask the provider to check the placement against the site's drainage before the unit is set.
Who confirms the placement?
The permitting office confirms how the right-of-way rules apply to a specific placement. The provider confirms the placement and the service route before delivery. The site lead signs off on the position on the ground, so the drawing and the lot match.
Sources
This guide is general information for Travis County homeowners, not a substitute for an on-site inspection. Prices are estimates. See our disclaimer.