Request Use of City Property
THE GEORGETOWN CITY COUNCIL ADOPTED CHANGES TO THE CITY OF GEORGETOWN’S LICENSE TO ENCROACH PROGRAM ON JUNE 14, 2022 IN ORDER TO ALLOW THE ENCROACHMENT OF PARTICULAR IMPROVEMENTS WITHOUT A LICENSE UNDER CERTAIN CIRCUMSTANCES; TO MODIFY THE TERMS UNDER WHICH AN IMPROVEMENT MAY ENCROACH; AND TO DELEGATE THE CITY MANAGER THE AUTHORITY TO APPROVE CERTAIN ENCROACHMENTS ADMINISTRATIVELY. ORD 2022-47
From time to time, property owners may wish to install improvements within City easements on their property or within abutting street rights-of-way. In order to facilitate these installations, where appropriate, the City maintains a program to license such encroachments. These may include private utilities, small scale structures (such as sheds), signs, awnings, etc.
To obtain a license to encroach, one must submit an application with sufficient information for City staff to review the type of encroachment and location so as to ensure that the encroachment does not interfere with or undermine the purpose of the easement/right of way. Specific information about what is required and how to submit can be found in the City’s Development Manual, specifically the License to Encroach Application Checklist, or at the link above. Submittals can be made using www. Mygovernmentonline.org. Applications are accepted on the submittal dates set by the City’s Planning Department. A schedule of those dates can be found on the Planning Department’s website. Once submitted, your application will be reviewed and comments issued.
Upon approval, you will be required to execute license agreement with the City, which will then need to be recorded County’s Official Public Records (see County Clerk website for office location and associated fees).
Sometimes, the development of a privately-owned property requires the use of adjacent City property for access, staging, or other purposes. Under the Texas Constitution, the City is prohibited from “gifting” a private party free use of City property, but the City can accommodate the adjacent project if (1) doing so will not inhibit the City’s use of the property for its intended purpose, and (2) the City receives adequate consideration in return.
If you believe your project (whether you are building a high-rise or just installing a pool) needs to utilize adjacent City property, please contact firstname.lastname@example.org early in your planning process to secure the necessary approvals. Most likely it will require a Temporary Construction Easement or a Parkland Improvement Agreement (if the adjacent property is parkland) approved by the City Council, and either the payment of cash to the City or a promise to make improvements to the adjacent land as part of your project.
Before parkland may be used for any non-park project or program, Chapter 26 of the Texas Parks and Wildlife Code requires the Georgetown City Council (the “Council”) to hold a public hearing and determine that:
- there is no feasible and prudent alternative to the use of parkland for the project, and
- the program or project includes all reasonable planning to minimize harm to the land.
This is true for any project or program that proposes to use parkland for any non-park purpose.
Additional Info for Specific Uses of City Property: