Boulder, CO Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 8-6-3 flatly bars anyone from erecting or maintaining a building, structure, fence, barrier, post, landscaping, obstruction, or other encroachment within, under, above, or upon a public right-of-way, path, alley, or public easement without first getting the city's permission under Chapter 8-6, unless the encroachment is specifically exempt under section 8-6-8. Section 8-6-6 sets the permit standard: the city manager consults the planning, public works, fire, and police departments to decide whether an application should be handled as a revocable permit, a short-term lease, or a long-term lease, weighing factors like how permanent the encroachment is, how hard it would be to remove, and whether it creates commercial rather than personal value.

A revocable permit can run up to three years if the encroachment is temporary in nature, doesn't create a traffic or other hazard, doesn't impair the public's use of the land, and, for sidewalk encroachments in commercial areas, keeps a minimum eight-foot vertical and horizontal clearance for pedestrians (the manager can modify that clearance if safe passage remains). Applicants must file a written application describing the exact location and necessity of the encroachment, carry liability insurance meeting section 4-1-8, and pay the fee set by section 4-20-20.

Unpermitted encroachments are treated as public nuisances under section 8-6-4 and can be ordered removed, with the city recovering removal costs plus up to 15 percent for administration from the responsible party if the order isn't obeyed.