El Paso County, CO Building Safety: Building Permits (2026)
Key Facts
- Height threshold
- 18 inches from finished grade
- Attached deck over 18in
- principal structure setbacks apply
- Detached deck over 18in
- accessory structure setbacks apply
- Deck 18in or less
- not a regulated structure
Summary
An attached or detached deck, patio or slab 18 inches or less above grade is not a regulated structure in unincorporated El Paso County; taller decks must meet full setback requirements.
Attached decks over 18 inches in height from finished grade to finished floor are considered a part of the principal structure and shall meet the same setbacks as the principal structure. Detached decks over 18 inches in height from finished grade to finished floor are considered accessory structures and shall meet the principal structure setbacks unless separate accessory structure setbacks are provided for in the applicable zoning district. Decks, slabs, or patios, whether attached or detached 18 inches or less in height from finished grade to finished floor are not considered structures.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Land Development Code: Supplement 3 | Drainage Criteria Manual: Publication | Engineering Criteria Manual: Supplement 3 | Ordinances: Reformat).
Full Breakdown
Under LDC § 5.4.3(D)(8), attached decks over 18 inches from finished grade to finished floor count as part of the principal structure and must meet the same setbacks; detached decks over 18 inches are treated as accessory structures with accessory setbacks, unless a district sets a separate one. A deck must not touch the house, or sit within 9 inches of it, to count as detached. Decks, slabs or patios 18 inches or less in height are not considered structures at all, so setback rules don't apply.
Violations & Fines
Building a deck taller than 18 inches inside the required setback is a zoning violation under LDC § 11.3.2, triggering a notice of violation, a correction deadline, and potential BoCC enforcement action.
Frequently Asked Questions
Do I need a permit for a low deck in El Paso County?
What setback applies to a tall detached deck?
Sources & Official References
Other rules in El Paso County
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