Denver Outdoor Places Program

"Above curb" patios that are located in the public right-of-way but do not occupy on-street parking or vehicle travel lanes. Above curb patios are typically located on sidewalks or tree lawns. If any portion of the patio extends into on-street parking or vehicle lanes, the entire patio is considered "below curb."

Encroachment requirements:  

• See Encroachment Permit section below

Read the Above Curb Program Requirements (PDF, 12MB)

“Below curb” patios are patios where any portion is located on the on-street parking or vehicle travel lanes. 

Encroachment requirements:  

• See Encroachment Permit section below

Read the Below Curb Program Requirements(PDF, 9MB)

Private property patios are located completely on private property. They are typically located on private parking lots and open areas on a property. 

• Design standards and requirements for patios within property lines, also referred to as outdoor gathering areas (OGA) can be found in the Denver Zoning Code in Section 11.10.14 Outdoor Gathering Area.
• For permit application requirements and to details on how to apply for a Commercial Zoning Permit visit Apply for Commercial Zoning Permits.

In June 2020, Denver closed portions of some streets to traffic, including the Larimer Square block and around the Denver Pavilions. Many restaurants and bars in these spaces provided outdoor patios that extended into street travel lanes. The city heard from Denverites that they enjoyed eating, drinking, gathering, and walking and biking in these spaces free from vehicular traffic. Building on the success of these initial street closures, the Outdoor Places Street Closure Pilot aims to facilitate safe, well designed, privately maintained outdoor spaces that enhance and activate the public realm for everyone.  

Full Street Closure Pilot Regulations and Application Instructions

A full street closure constitutes a closure that blocks a single or all traffic lanes of a street for at least one block. To apply for a full street closure, the applicant must:

• Conduct a mobility study to understand transportation and safety impacts 
• Conduct community outreach, respond to feedback provided, and receive neighborhood support
• Prioritize accessibility for individuals of all ages and abilities and better reflect the neighborhood character through design 
• Provide street closure barricades that are flexible and decorative 

Read the Full Street Closure Pilot Program Requirements

Project partners included Community Planning and Development, Denver Economic Development and Opportunity, the Denver Fire Department, the Department of Transportation and Infrastructure, Human Rights and Community Partnerships, Department of Public Health and Environment and the Department of Excise and Licenses.

Any patio that is located in the public right of way must have an Encroachment Permit. Review the following documentation for more information on Tier classification.

Rules and Regulations: For Encroachment in the Public Right-of-Way — the process by which the City determines whether to allow private improvements to be located in the public right-of-way.

• Encroachment permit requirements
• Tier Determination Submittal Checklist
• Encroachment Submittal Checklist
• New Encroachment Permit Application
• Encroachment Permit Revocation Application
• Encroachment Permit Amendment Application

Applying for an erncroachment in the public right-of-way also requires completion of a Street Occupancy Request Form; see more information about Street Occupancy permitting.

See Encroachment FAQ for commonly asked Encroachment questions.

Contact:

Department of Transportation & Infrastructure | Right of Way Services  

Permits and Coordination | Landuse and Permanent Occupancy (LUPO) 

720-865-3003 or DOTI.LUPO@denvergov.org  

The encroachment permit does not cover anything but the allowance of private items in the ROW.  Other permits may be required after issuance of the Encroachment permit/Resolution.  Included but not limited to:

• Forestry permits
• Street occupancy permit
• Right-of-way construction permit

If you intend to serve alcohol on your patio, you are required to obtain a permanent modification of premise (MOP) from the Department of Licenses and Consumer Protections (DCLP). This allowance expands the existing footprint where a business is legally permitted to serve alcohol to include your patio. This process adds time to your overall review, so it is recommended that applicants begin filling out paperwork as soon as possible. Visit the DCLP webpage for more information and the required forms.