Encroachment FAQ

Encroachments are any privately-owned improvements, facilities, or amenities placed in the public right-of-way (ROW). Examples of common encroachments include: a business sign, a ‘Little Free Library’, a plant container with flowers, a shade structure, and a restaurant patio. The Encroachment Rules & Regulations provide more examples.

Public ROW is property held on behalf of the public for public transportation (pedestrians, riders, bikers, drivers) and utilities. Encroachments can only be placed in the ROW if the City determines they do not cause an impact to the public use of the ROW, they meet City rules, regulations, and standards, and they are appropriately permitted.

Reach out to DOTI.ER@denvergov.org with your Encroachment related questions.

Report a problem to 311 for any Encroachment or Right-of-Way (ROW) concerns. The issue will be reviewed and forwarded to the area ROW inspector if action is deemed necessary.

You can submit a Request for Official Determination (Tier I, II or III) to DOTI.ER@denvergov.org using the Encroachment Permit Application form.

Yes, all historic permits remain valid.

There are many resources available for finding existing permits.

1. You are receiving an annual bill for an Encroachment. The Encroachment Permit information is included on the annual bill.
2. You can look for Encroachment Information on the City's online Encroachment Map.
3. You can research Denver's Clerk and Recorder records for a permit recorded on your property.
4. As the owner of a property, you can check the most recent Title Commitment to see if the permit is listed.
5. If you do not find your Encroachment on the map and you are not receiving an annual bill for an Encroachment Permit, contact DOTI.ER@denvergov.org to verify that the encroachment is permitted or to update the account information if necessary. If the existing Encroachment is not currently permitted, an application will need to be submitted to appropriately permit the Encroachment so it can remain in place.

Improvements (including replacement, repair, and maintenance) explicitly allowed by the existing permit are acceptable and do not require a new Encroachment Permit application. All new improvements that are covered under the existing Encroachment Permit may still require a Right-of-Way Street Occupancy and/or construction permit. New encroachments or improvements not explicitly allowed by the existing permit require a new Encroachment Permit Application.

Yes, authorized special districts are considered private entities under the definitions of the Encroachment Rules and Regs. There are certain special districts that are not authorized to install and/or own facilities and are not eligible for an Encroachment Permit - Local Maintenance Districts and Local Public Improvements Districts are examples.

Typically no - but there are exceptions. In most cases, the Utility Plan Review process applies to utility companies and an Encroachment Permit is not required. Exceptions are for above ground installations such as Small Cell poles and cabinets owned by private utility companies that do not have a franchise agreement with the City or private landowner utility installations (excluding those listed as Tier I in the Encroachment Rules and Regulations).

There are several types of projections from buildings allowed and the maximum projection depends on the proposed element and clearance from the ground. Refer to the Denver Revised Municipal Code (DRMC) and Encroachment Rules & Regulations for allowable projection based on type of encroachment.

Landscape Fences are easily installed and removed landscape borders without the need for tools (other than maybe a hammer). They are typically used for beautification or deterrents for stepping across landscaping, but do not otherwise prevent access to portions of the public Right-of-Way (ROW). Landscape fencing does not exceed 24-inches in height. See Figure 1 for a typical example of Landscape Fencing:

Any other type of installation is considered a Tier III Fence since it prevents public access to portions of the ROW. Fences cannot exceed maximum fence heights as outlines in the zoning code (placing a fence in the ROW is not a means to circumvent zoning code). See Figure 2 for examples of standard Fences:

Fences must be placed six (6) inches or more away from the back of sidewalk. When the sidewalk is narrower than the required width, then the fence must be placed farther away from the back of sidewalk to maintain space for sidewalk expansion. Fences are not allowed in areas between the street and sidewalk. Refer to the Tier III requirements for Fences and Gates, and Aesthetic/Freestanding Walls, in the Encroachment Rules and Regulations for additional criteria.

Steps to existing buildings may be allowed as Tier I Encroachments, ramps to existing buildings may be allowed as Tier II Encroachments, and all other ramps, stairs, stoops and steps for new buildings that are located in the right-of-way (ROW) instead of designed on private property are Tier III Encroachments. In all cases, these improvements may not encroach more than five (5) feet into the Public ROW. Refer to the Encroachment Rules & Regulations for applicable criteria.

New freestanding signs are not allowed within the Right-of-Way (ROW). New freestanding signs supported within Private property and the display extends into ROW shall be placed consistent with Building Appendage criteria in the DRMC, Section 49-344. Existing freestanding signs, monument signs, neighborhood signs and wayfinding signs shall be submitted to DOTI.ER@denvergov.org for determination of Tier II or Tier III Encroachment. A Zoning Permit is also required for certain signs.

To be considered Artwork, the Denver Arts & Venues department must determine it meets guidelines for artwork in public spaces. If it is not eligible as Artwork, then it is considered a Sign. In either case, the Encroachment would need to meet the applicable classification criteria in the Rules & Regulations.

A Landscape Wall does not require an Encroachment Permit. A Landscape Wall is a small soil retaining wall that does not support fences, buildings, patios, or any other structures – meaning, if you took out the landscape wall, the soil would go back to its original state (think a 'Denver lawn') with zero impact to its surroundings.

Here is an example of Landscape Walls:

Here are examples of Retaining Walls:



Refer to 'Landscape Walls' under Tier I and 'Retaining Wall Supporting Above-Ground Structure or Facilities' under Tier III in the Encroachment Rules & Regulations.

Yes - there is a separate permit application process under the Outdoor Places Program. The application requirements can be found in the Right of Way and General Permits section of the DOTI Document Center. Improvements or facilities that meet Tier II or III Encroachments in the Rules and Regulations will require an Encroachment Permit in addition to the Outdoor Place permit.

Portable Outdoor Heating is allowed as a Tier I Encroachment and fixed Outdoor Heating is allowed as a Tier II Encroachment. Building and/or fire protection permits may be required.

The Encroachment Rules & Regulations and permit Entrance Requirements regulate that the adjacent private property owner must be the owner and permittee of an encroachment located in the Right-of-Way (ROW) adjacent to their property. Authorized special districts are exempt from this requirement and may be the owner and permittee of an encroachment in the ROW located adjacent to a property the district does not own. Local Public Improvement Districts and Local Maintenance Districts are not authorized special districts since they are not authorized to own assets in the ROW.

Inorganic surface treatments must first be approved through a Tier II Encroachment Permit.

Holiday string lights that are temporary do not require an Encroachment permit if you have permission from the property or facility owner (tree, building, pole, etc.) to attach them. You also need to ensure the lights do not impact Fire Department response and are truly temporary in nature. All proposed holiday string light installations on public trees also require prior approval and a permit from the Office of the City Forester. A Tier II Encroachment Permit is required if the string lights meet the criteria set forth in the Tier II "Lights" section of the Encroachment Rules and Regulations. All string lights must follow the Rules & Regulations General Placement Criteria and the Lighting criteria under Tier I and Tier II.