Surety Bond Education

Do You Need A City Of Austin Right Of Way Bond?

What is a Right of Way or “ROW” anyway?  The most basic definition of a right of way is a legal right to pass through property belonging to another. A public Right Of Way is a type of easement granted over land for transportation purposes such as highway, road, footpath, rail transport, canal or even utility lines.  We will focus on the City of Austin Right of Way Bonds here.

Right Of Way Permits

Business activities like a sidewalk cafe or locating a dumpster on public property will require a permit from the local municipality such as the City of Austin Texas Transportation Division.  A requirement of securing the permit will be having the proper insurance and a City of Austin Right Of Way Bond in place. Typically the bond is $10,000 and provides financial assurance that the permit holder will remove equipment, replace or restore damaged property, and basically guarantee the public property will be brought back to its original condition.

Road Construction

Examples of Right of Ways

Many construction projects involve encroachment or use of public Right Of Way to conduct temporary activities. For example, these disturbances might include removing segments of sidewalk or road in the City of Austin, Texas to allow for excavation and utility work.  Also, as part of a contractors safety procedure, they would use temporary fencing or guardrail to protect the public.  In order to obtain the Right Of Way permit to proceed with these construction activities you’ll need proper insurance and a Right Of Way permit bond in place.  The bond will guarantee restoration of disturbed or damaged property and removal of equipment and fencing or barriers.  Again, the bond amount if typically $10,000 on a per project basis.

A contractor should be sure to obtain the proper municipal license to operate in the public Right Of Way, such as through the Right Of Way Management Division of the City of Austin, Texas.

Steps to Obtain a Right Of Way Contractor License:

  1. Right of Way Permit Bond
  2. Insurance (often general liability/umbrella, auto and workers compensation)
  3. Resolution of Authority (confirms the person who signed the bond has authority to do so)
  4. Authorized Agent Form (confirms the person responsible for applications/documents to permit dept and acting as primary contact has authorization to do so)

Steps to Obtain a Right Of Way (ROW) Bond:

  1. Complete our easy online application
  2. Pay for your bond
  3. Submit your bond to the public entity requiring the bond

Obtaining a City of Austin Right Of Way Bond is typically a very quick and easy process.  Please contact us at Schmalz & Associates to help with your Right of Way (ROW) bond needs in Austin, TX and any other municipality.  Email Eric Schmalz at or call us at 512-640-6444.  We are here to help you!

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