How Westminster Handles Fence Regulations: A Practical Guide

Westminster maintains 97 local ordinances across all categories, and 4 of those deal specifically with fence regulations. Here is a breakdown of what the city actually requires, what is prohibited, and where Westminster falls on the strict-to-permissive spectrum compared to other cities.

Height Limits

Westminster limits fences ahead of the required front setback to 36 inches, or 42 inches for open ornamental-iron or woven-wire designs, while side and rear yard fences may reach six feet. Any fence within a vehicular sight triangle that obstructs a motorist's view, as determined by the City's traffic engineer, can be abated as a nuisance.

Key details: Front-yard fence limit: 36 inches (42 for open designs). Side/rear yard fence limit: 6 feet. Industrial front-yard limit: 6 feet. Barbed wire: Banned unless plan-approved, 6-ft min. Electric fences: Prohibited outright.

A fence exceeding the 36-inch front-yard limit (or 42 inches for qualifying open designs), exceeding six feet in a side or rear yard, or built with prohibited barbed wire or electric charging, is a zoning violation subject to code enforcement. A fence that obstructs a motorist's sight line at an intersection may be declared a nuisance and abated under Title VIII, Chapter 4 of the Code, potentially forcing removal at the owner's expense.

Fence Permit Requirements

Westminster only exempts a fence from a building permit if it's 30 inches or shorter. Anything taller, including most of the 6-foot side and rear yard fences the zoning code allows, triggers the same building permit process as any other structure under Section 11-9-3(A)(2).

Key details: Permit-exempt fence height: 30 inches or under. Permit-required fence height: Over 30 inches. First unpermitted offense fee: Doubled, $250 minimum. Repeat unpermitted offense fee: Tripled, $500 minimum. Mobile home lot fences: Require their own permit.

Building a fence taller than 30 inches without first pulling a permit means the fee for the permit you eventually get is doubled, with a $250 minimum for a first offense, tripled with a $500 minimum for a second offense, and a third unpermitted job can lead to revocation of a contractor's City registration under Section 11-9-3(E)(5). Work commenced without a permit still has to comply fully with the Building Codes regardless of the increased fee.

Material Restrictions

Westminster's zoning code bans electrically charged fences outright and prohibits barbed wire or similar sharp-pointed fencing unless it's specifically approved on an Official Development Plan or Preliminary Development Plan, in which case it must sit at least six feet above grade. Ordinary fences are sorted into five material classes under Section 11-4-6(P).

Key details: Electric fences: Banned everywhere, no exceptions. Barbed wire: Banned unless ODP/PDP-approved. Approved barbed wire height: Must be 6+ feet above grade. Fence material classes: 5 classes defined by code. Sight-obstructing fences: Abatable as a nuisance.

Installing a barbed wire or electrically charged fence without the required ODP or PDP approval, or installing approved barbed wire below the required six-foot grade clearance, is a violation of Section 11-4-6(P)(6). Because (P)(7) treats any fence obstructing a vehicular sight triangle as a public nuisance, code enforcement can also have a noncompliant fence abated under Title VIII, Chapter 4 of the Westminster Municipal Code, the City's general nuisance-abatement chapter.

Compared to other cities, Westminster takes a harder line on material restrictions. The enforcement and penalty structure reflects that.

Retaining Walls

Retaining walls in Westminster skip the building permit only if they're three feet or shorter and aren't holding back a surcharge, a structure, or flammable liquid. Anything taller needs a permit, and under Section 11-9-3(C)(3)(b)(iii) it also needs a stamped design from a Colorado-licensed architect or engineer.

Key details: Permit-exempt wall height: 3 feet or under, no surcharge. Permit required: Any wall over 3 feet. Engineer's stamp required: Any wall over 3 feet. Surcharge/structure walls: Need a permit at any height. Sight-blocking walls: Abatable as a nuisance.

Building a retaining wall over three feet, or a shorter wall that supports a surcharge, structure, or flammable liquid storage, without the required permit doubles the eventual permit fee, with a $250 minimum, for a first offense, and triples it, with a $500 minimum, for a repeat offense under Section 11-9-3(E)(5); a third unpermitted job can cost a contractor their City registration. A wall that obstructs a vehicular sight triangle can separately be ordered abated as a nuisance under Section 11-4-6(P)(7) and Title VIII, Chapter 4.

The Bottom Line

Westminster's fence regulations rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Westminster is broadly strict or permissive.

Keep in mind that Westminster can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.