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La Plata County, CO Homelessness & Encampment Rules: Encampment Sanitation (2026)

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

Key Facts

Governing sections
La Plata County Code §§ 38-4 and 38-8, effective 2/14/2025
Camping permission
Written permission of the county manager or designee
Emergency vehicle occupancy
No longer than 48 hours on county land
Stored personal property
Held seven days from and including the storage day
Encampment removal notice
Posted at the site for ten days
Penalty for camping
Petty offense under § 38-4

Summary

On county property in La Plata County, Colorado, camping or putting up a tent, structure or shelter without written permission from the county manager is unlawful under Code § 38-4 and a petty offense. Section 38-8 sets the cleanup protocol: stored belongings are held seven days, and a removed encampment gets a ten-day posted notice.

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.

II. Except as set forth in subsection III below, provided personal property found on county property or in any facility is not hazardous, the authorizing official shall store all personal property discovered on county property, including encampments, as provided in this section. Personal ... property ... that is not recovered after seven (7) days from, and including, the day the property was stored may be discarded, recycled, used, donated or otherwise disposed of by the county. III. If the personal property is encountered when removing an encampment, the notice shall be posted at the encampment site for ten (10) days identifying: A. The date(s) the personal property was removed from the site; B. Where the personal property is stored; and C. How the personal property may be claimed by its owner. ... IV. ... An authorizing official may summarily, and without advance notice, remove and dispose of refuse, hazardous items, building materials or contraband found on any county property or in any facility.

Full Breakdown

Sections 38-1, 38-4 and 38-8 of the La Plata County Code, replaced by Ordinance 2025-01 effective February 14, 2025, govern encampments on land the county owns or holds by lease or easement. That covers county buildings and their sidewalks and parking lots, county trails, vacant lands, open space, county-owned roads, rights-of-way, ditches and drainage facilities. The Durango-La Plata County Airport and land leased to a tenant under a written lease are excluded.

Camping is defined broadly: parking a motor vehicle or recreational vehicle for the apparent purpose of overnight occupancy, erecting a tent or other shelter, or assembling camping equipment that shows a person has remained or intends to remain overnight or after the property closes. An encampment is one or more tents, structures or assemblies of camping equipment or personal property in an identifiable area, including areas where tents are in plain sight of each other. Under § 38-4 it is unlawful to camp or erect a structure, tent or other shelter on county property without the written permission of the county manager or designee. The one carve-out lets a person occupy a motor vehicle for no longer than forty-eight (48) hours on a county right-of-way or other county land in an emergency, such as adverse weather or vehicle inoperability. Periodic occupancy is not a defense where the La Plata County Sheriff's Office has probable cause to believe a person is camping in a vehicle. The manager posts notice of the prohibition as needed under C.R.S. § 18-9-117(2).

Cleanup follows § 38-8. Officials store non-hazardous personal property found on county property, including at encampments, at the building where it was found or at a county storage location, and property not recovered after seven days, counted from and including the day it was stored, can be disposed of. When property is collected during an encampment removal, the county posts a notice at the site for ten days giving the removal dates, the storage location and how the owner can claim it. Only after that period are unclaimed items donated, sold or discarded. Officials can remove refuse, hazardous items, building materials or contraband at once and without notice; the code lists human and biological waste, used oil, tires and dead animals among hazardous items, and law enforcement gets the first chance to take contraband.

Violations & Fines

Any person who violates § 38-4 is guilty of a petty offense, and those penalties are cumulative of other criminal statutes, not a substitute for them. Written authority from the county manager or designee is the affirmative defense. Placing or storing personal property on county property without prior authorization violates § 38-8. Igniting a fire at a camp is a class 2 misdemeanor under § 38-7, littering is a petty offense and a civil infraction, and smoking on county property is a petty offense under § 38-5.

Frequently Asked Questions

Is camping allowed on La Plata County land?
Not without written permission from the county manager or designee under § 38-4. An emergency exception lets a person occupy a motor vehicle for no longer than forty-eight (48) hours on a county right-of-way or other county land, for reasons such as adverse weather or vehicle inoperability. Violating the section is a petty offense.
What happens to belongings when the county clears an encampment?
Under § 38-8 the county posts a notice at the encampment site for ten days stating when the property was removed, where it is stored and how the owner can claim it. After the ten days, unclaimed property can be donated, sold, destroyed or thrown away depending on its value, condition and environmental impact.
Can the county throw things away immediately?
For refuse, hazardous items, building materials and contraband, yes. Section 38-8 lets an authorizing official remove and dispose of them summarily and without advance notice. Before disposing of contraband, the official must give the appropriate law enforcement agency the chance to take possession of it. Non-hazardous personal property is stored instead.
Does the county camping rule cover private land or the Durango airport?
No. The rule covers county-owned property and land where the county is lessee or holds an easement. Section 38-1 excludes the Durango-La Plata County Airport, water or mineral rights, and real property the county leases to a tenant under a written lease. Municipalities such as Durango, Bayfield and Ignacio govern their own limits.

Sources & Official References

Other rules in La Plata County

All La Plata County rules

Compare La Plata County to another location·View the Colorado homelessness & encampment rules overview

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