Encroachment / License Agreement for Permanent Structures over the Public Right-of-Way (awnings, canopies, permanent patios): Austin restaurant guide
City of Austin DSD — Land Management (Right-of-Way) Confirm with the city
What it is
A permanent private structure that hangs over or sits in the public right-of-way — a fixed awning or canopy over the sidewalk, a permanent (not temporary) sidewalk café structure — requires a City encroachment or license agreement in addition to the sign/building permit. The process runs through departmental review, public notice, an appraisal of the space and City Council action, and takes about five months or more.
When a restaurant needs it
Only if a permanent structure projects over or into the public sidewalk/street; a temporary sidewalk café permit (up to five years) avoids this.
How to apply
Submit the Encroachment Agreement application to DSD Land Management (LandManagementROW@austintexas.gov) with drawings; clear departmental comments, pay notice and appraisal costs, and go to Council.
Documents you’ll need
- Encroachment agreement application
- Survey/drawings of the encroachment
- Insurance
- Appraisal and market-value payment
- Recording fees
Good to know
An awning with lettering is also a sign ('Sign (Awning...)' in DSD's permit list) and needs a sign permit. Most restaurants avoid the encroachment process by keeping awnings on private property or using the temporary sidewalk café permit.
Official source
DSD Land Management — encroachment agreement process · DSD — sign permits (awning signs)
Answer a few questions about your space and get every permit in order, with a timeline, a cost range, walkthroughs, and every application filled in for you to sign with Open.
Last reviewed 2026-10-06. Guidance only, not legal advice.