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La Plata County, CO Fence Regulations: Fence Permit Requirements (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Land use permit
Not required for fences under § 66-3(I)(F)
Building permit exemption
Fences not over 8 feet high
Taller fences
Building permit required under § 105.1
Setbacks
Fences exempt under § 70-6(I)(A)(6)
Floodplain
Chapter 78 still applies in mapped flood zones
Fine
Not more than $100, each day a separate offense

Summary

In unincorporated La Plata County, Colorado, La Plata County Code § 66-3 lists fences among developments that need no land use permit. Building permits can still apply, and § 18-35 (105.2) exempts only fences not over 8 feet high from the building permit requirement.

These county ordinances apply to unincorporated areas of La Plata County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

I. No land use permit required. ... No land use permit shall be required for any of the following developments unless specifically required by other sections of this code: A. One single family residence on a vacant legal lot of record; ... ... E. Barns, garages, and sheds intended solely for noncommercial use; F. Decks, fences, retaining walls, sidewalks;

Full Breakdown

Section 66-3 is titled Land use development not requiring a land use permit, with the note that building permits may be required. Subsection I says no land use permit is required for the listed developments unless other sections of the Land Use Code specifically require one, and item F lists decks, fences, retaining walls and sidewalks. A fence in unincorporated La Plata County therefore does not go through Community Development land use review on its own.

The building permit question is answered in Chapter 18. Section 18-35 (105.2) lists work exempt from permits, and item 1 under Building is fences not over 8 feet high. A fence taller than 8 feet falls under § 105.1, which requires the owner or authorized agent to apply to the building official and obtain all required permits before constructing it. Applications go through the Building Department Permit Portal under § 105.3.

The exemptions come with limits. Section 105.2.4 states that they do not exempt a structure from other provisions of the La Plata County Code, including setback requirements from property lines, height limitations in the Animas Valley, Chapter 19 and Chapter 78 on floodplain management. Section 105.3 requires all development within mapped flood hazard zones to comply with the county's flood plain regulations, including a FEMA elevation certificate where required. Section 70-6(I)(A)(6) of the Land Use Code exempts fences and screening, buffering, privacy, and retaining walls from the setback table.

Fences the county requires as buffers follow § 70-17, which caps them at eight feet, and the most of the county outside the Animas Valley is unzoned, so no zone district sets a fence rule.

Violations & Fines

Starting work that needs a permit without one triggers § 109.4: an investigation fee in addition to the permit fee, with a minimum equal to the permit fee. Section 114.4, citing C.R.S. § 30-28-209, makes a Code violation an offense punishable on conviction by a fine of not more than $100, with each day a separate offense.

Frequently Asked Questions

Do I need a land use permit to build a fence in unincorporated La Plata County?
No. Section 66-3(I)(F) lists decks, fences, retaining walls and sidewalks among developments for which no land use permit is required, unless another section of the Land Use Code specifically requires one.
Do I need a building permit for a fence?
Not for a fence not over 8 feet high, which § 18-35 (105.2) exempts from permits. A taller fence needs a building permit under § 105.1, applied for through the Building Department Permit Portal.
Does a permit exemption end floodplain or setback rules?
No. Section 105.2.4 keeps property line setbacks, Animas Valley height limitations, Chapter 19 and Chapter 78 floodplain management in force for exempt structures, though § 70-6(I)(A)(6) separately exempts fences from the setback table.
What happens if I build without a required permit?
Section 109.4 adds an investigation fee, with a minimum equal to the permit fee, on top of the permit fee. Section 114.4 sets a fine of not more than $100 on conviction, and each day is a separate offense.

Sources & Official References

Other rules in La Plata County

All La Plata County rules

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