The Planning and Development Department in Houston is proposing changes to the current sidewalk construction rules. These revisions might permit more exemptions for builders to avoid constructing sidewalks next to new homes. Officials from the department state that the amendments would facilitate faster housing construction by expediting building permits. However, some neighborhood advocates argue against these changes, stating that Houston should focus on building more sidewalks, not fewer.
In Houston, as in many cities in Texas, homeowners are responsible for maintaining sidewalks adjacent to their properties. Residents have expressed concerns that this requirement is often too costly, leading to delayed repairs. Discussions about Houston’s sidewalk policies gained momentum in September when a group of City Council members proposed eliminating a fee. This fee allows developers or homeowners to pay instead of building a sidewalk in front of a new home. The funds from this fee are supposed to go into a dedicated sidewalk account, but no projects have been funded due to how the money is distributed across neighborhoods.
District J Councilmember Edward Pollard criticized the fee in September, arguing that the rate of $12 per square foot is too high and unfair to builders. Meanwhile, representatives from the Planning Department explained that this fee does not cover the city’s costs for bidding, assigning, and completing the work. Instead of removing the fee entirely, Mayor John Whitmire asked the council to wait for the planning department’s ordinance amendment plan.
The department proposed changes to the Planning Commission on October 17 and held eight community meetings to collect feedback. The proposed changes simplify the language to clarify when sidewalks are not necessary, potentially addressing the “sidewalks to nowhere” issue. According to the amendment, new homes not part of a subdivision will not require a sidewalk if it does not connect to an existing pathway, is deed-restricted, or is not feasible due to obstacles like open ditches.
Builders will still have the option to pay a fee instead of constructing a sidewalk under the new proposal. Vonn Tran, the Planning Director, stated that the city is not “anti-sidewalk.” Rather, the department seeks efficient ways to process building permits. Tran acknowledged the frustration from both builders and residents paying into a fee-in-lieu fund without seeing the benefit of having sidewalks in front of their homes.
Neighborhood resident Sandra Flowers, who attended a public meeting, shared her experience with the city requiring a sidewalk in front of her house 15 years ago, though it connected to nothing. Flowers appealed to avoid the construction and now opposes increasing exemptions allowing builders to skip sidewalk construction. She pointed out that sidewalk maintenance should be the city’s responsibility, and the current system leaves necessary work undone because residents cannot afford it.
Peter Eccles, director of policy and planning with transportation advocacy group LINK Houston, described the city’s sidewalk network as “in crisis” during the planning meetings. Eccles was initially hopeful about the proposals but grew disappointed, feeling the city missed the mark. He expressed concern that expanding exemptions would lead to fewer sidewalks, deeming it a misguided priority given the current inadequacy of the city’s sidewalk network.
Eccles criticized the proposed deed restriction exemptions, suggesting that neighborhoods might use them to keep outsiders away. He highlighted the problematic history behind deed restrictions and their roots in racial and religious covenants. Eccles and LINK Houston advocate using the city’s Resilient Sidewalks toolkit from April 2023 to assist developers in planning sidewalks blocked by obstacles like ditches or light poles.
Regarding funding, Eccles noted that while requiring homeowners to manage sidewalk maintenance is common in Texas, Houston underfunds its walkways. Tran mentioned that the city needs more funding than sidewalk fees provide to address maintenance gaps. Currently, the sidewalk fund holds about $1.2 million across 17 city zones. When developers pay the fee instead of building sidewalks, 70% of the funds must remain in that area for neighborhood use. However, the money is spread too thin to achieve substantial results. Tran estimated that $1 million would only cover 1.6 miles of sidewalk construction, illustrating how few developers opt for the fee instead of building.
