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Katy adopts updated right-of-way construction ordinance to clarify standards and move beyond moratorium
Summary
Council adopted a new right-of-way construction ordinance that replaces prior right-of-way management rules, clarifies permitting and restoration standards, and sets penalties; staff said the change is needed to protect infrastructure and prepare for an eventual 811 one-call partnership.
The Katy City Council voted Monday to adopt a revised right-of-way construction ordinance designed to strengthen permitting, restoration and enforcement standards for work in city streets and easements.
Jason (city staff) told the council the ordinance replaces Article 3.1 (Right of Way Management) by adding Article 13.11 (Right of Way Construction) to Chapter 13 of the code and establishes a penalty not to exceed $2,000 per violation. He said the update follows a March moratorium and aims to protect city infrastructure while providing a standard process for contractors who work in the right-of-way.
“We had to revisit this, review what we have, as to our current challenges, and essentially upgrade this,” Jason said. He said the ordinance requires applicants to identify who is doing the work, where and when, and requires restoration “to the same or better condition.”
Jason also explained that the city is not yet prepared to join the state’s 811 one-call system as a dispatch partner because the city needs more accurate mapping of water, wastewater and storm infrastructure and additional staff or contracted services to respond to locates. He said 811 “is what most people recognize it as” and noted that participation would require the city to meet response standards.
Council members asked about staffing and mapping needs. Jason said the city will seek additional GIS and field-data resources and that some older neighborhoods lack as-built records, requiring additional field location work. He said some administrative provisions take effect immediately but the penalty portion requires publication and a 15-day waiting period before fines can be levied.
Motion and vote: The council adopted the ordinance in a motion by Council member Dan Smith, seconded by Council member Janet Court. After publication, fines may be enforced as provided by the ordinance.
Why it matters: The ordinance aims to reduce utility and roadway damage caused by uncoordinated or poorly executed work in the right-of-way and to position the city for future participation in state one-call systems.
What’s next: Staff will pursue improved utility mapping, evaluate staffing or contractor needs to support an 811 partnership and publish the ordinance caption to enable the penalty provisions after the statutory notice period.
