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Public Right-of-Way Use Easements
Anyone other than City franchisees desiring to use a portion of the public right-of-way for a private business or personal use must first obtain a right-of-way use easement from the City. Applications for easements for right-of-way use, whether temporary or permanent in nature, shall be filed with the City Engineer. Such applications must include a drawing of the location, description of the type of use, length of time needed, and payment of the application fee.

Submit the completed easement form, site plan and payment to the City Engineer for review. Once the review is complete and approved by City Staff, all permanent right-of-way easements must then go to City Council for approval. City Council meets the second and fourth Wednesday of each month. Please note that if the easement request is in a Texas Department of Transportation (TxDOT) right-of-way, approval must first be obtained from TxDOT prior to the City granting an easement. For additional information, please contact the City Engineer at 903-531-1126.
Franchise Use
Texas cities have traditionally regulated the use of public right-of-way by utility companies through the use of a franchise agreement which cover customer service concerns, costs, fees, and actual use of the right-of-way.

Any franchisee or contractor working on behalf of the franchisee, working in the right-of-way should submit project drawings or site plans outlining the scope of the work to be done in the right-of-way to the City Engineer a minimum of five (5) days in advance of starting work on the project.
Rules of the Right-of-Way:

  1. A copy of the contractor's Certificate of Insurance is required.

  2. The fee for an Indefinite ROW Easement shall be $350. The fee for a Temporary or Limited ROW Easement is $100.00 + $100.00 per year needed ($200.00 minimum). Make all checks payable to: City of Tyler.

  3. If the easement request is in a Texas Department of Transportation (TxDOT) right-of-way, approval to work in the right-of-way must be obtained from TxDOT.

  4. Anyone sponsoring any activity, such as parades, block parties or other social events, or performing any type of work, such as construction, maintenance or demolition, that may require a temporary street or lane closure must also complete and submit a Temporary Street and Lane Closure Permit, along with the required documentation and appropriate fee, to the Tyler Police Department.

  5. Submit the completed ROW Easement form including 11" x 17" site plan(s), a copy of the contractor's Certificate of Insurance and appropriate fee to the City of Tyler Engineering Department for review as follows:

    • In person: 511 W. Locust Street, Tyler, TX 75702
    • Mail: PO Box 2039, Tyler, TX 75710
    • Email: engineering@tylertexas.com

  6. Once review is complete and approved by City Staff, all Indefinite ROW Easements must then go to City Council for approval. City Council typically meets the second and fourth Wednesday of each month.

  7. Once the ROW Easement has been approved by City staff and City Council (as required), you may begin work under the following conditions:

    • Any damage must be repaired within 30 days.
    • Underground installations which could cross a water main 18" and larger will require open excavation.
    • Notice of work commencement is required to the Engineering Department at 903-531-1126 and to the Water Service Center at 903-531-1285 a minimum of 48 hours before work begins.
    • The contractor must notify the Traffic Engineering Department at 903-531-1201 of any lane or street closures a minimum of 48 hours before work begins. No traffic lanes will be closed between the following hours: 7:00 AM to 8:30 AM and 4:00 PM to 6:00 PM.
    • The contractor must give notice a minimum of five (5) business days before any construction within the right-of-way begins, which includes alterations to the surface or subsurface of the right-of-way.

NOTE: Approval of an Indefinite ROW Easement application may take up to 2 - 4 weeks, depending on the date of submission and the City Council meeting schedule.
 
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