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

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

Key Facts

Permit required
before any right-of-way work
Administered by
Department of Public Works
Work scope
limited to permit's area and dates
Unpermitted work
must stop immediately
Surcharge
applies on top of permit fees
Permit validity
voids after 6 months, no work started

Summary

Commerce City requires a permit before any private construction, excavation, or encroachment work in a public right-of-way, sidewalk areas included. Sec. 10-1200 of the Revised Municipal Code makes it unlawful for anyone other than a city employee or a person under city contract to build, dig, or otherwise work in the right-of-way without first obtaining a permit.

(a)This chapter provides principles and procedures for the placement of structures and facilities, construction, excavation, encroachments and work activities within or upon any public right-of-way and to protect the integrity of the road system. To achieve these purposes, it is necessary to require permits of private users of the public rights-of-way, to establish permit procedures and to fix and collect fees and charges. ... (a)Required; maintained at job site. No person other than an employee or official of the city or a person expressly exempted by contract with the city shall undertake or permit to be undertaken any construction, excavation or work in the public rights-of-way without first obtaining a permit from the city as set forth in this chapter, except as otherwise provided herein. Each permit obtained, along with associated documents, shall be maintained on the job site and available for inspection upon request by any officer or employee of the city.

Full Breakdown

Sec. 10-1100 of the Commerce City Revised Municipal Code sets the purpose of Chapter 10, Article I: to govern the placement of structures and facilities, construction, excavation, encroachments and work activity within any public right-of-way, and to protect the road system by requiring permits, setting permit procedures, and fixing permit fees and charges. Sec. 10-1200(a) then states the operative rule: no person other than a city employee or official, or someone expressly exempted by contract with the city, may undertake or permit construction, excavation or work in the public rights-of-way without first obtaining a permit, and the permit and its associated documents must be kept on the job site and available for inspection by any city officer or employee on request.

Sec. 10-1200(b) ties the permit to a defined scope: a permittee may not work in a larger or different area, or for longer than the permit specifies, and if more area or time becomes necessary the permittee must notify the director within twenty-four hours and obtain a revised or new permit with the associated fees. Sec. 10-1200(d) makes clear that a developer, not the city, is responsible for the physical construction of public infrastructure in new developments, with ownership staying with the developer until the city accepts it, and any work on that infrastructure still needs its own right-of-way permit.

Sec. 10-1200(e) addresses unpermitted work directly: anyone found excavating in a right-of-way without a permit must immediately stop all activity, other than what is needed to stabilize the area, obtain a permit before resuming, and pay a surcharge set by city council resolution in addition to the regular permit fees. Applications, per Sec. 10-1201, go through the director of Public Works and must include the work location, type of work, dates, a cost itemization for restoration, proof of any required insurance or bonding, and a traffic control plan.

Violations & Fines

Undertaking construction, excavation or encroachment work in a Commerce City right-of-way without first obtaining a permit under Sec. 10-1200(a) is unlawful. Sec. 10-1200(e) requires anyone caught working without a permit to immediately stop all activity except emergency stabilization, secure a permit before resuming work, and pay a surcharge set by city council resolution on top of the standard permit fees, in addition to any general penalty available under Sec. 1-3003.

Frequently Asked Questions

Do I need a permit to build something in the Commerce City right-of-way?
Yes. Sec. 10-1200(a) makes it unlawful for anyone other than a city employee or a person under city contract to construct, excavate or otherwise work in a public right-of-way, sidewalk areas included, without first obtaining a permit from the city.
What happens if I start work in the right-of-way without a permit?
Sec. 10-1200(e) requires you to stop all activity immediately, aside from steps needed to stabilize the area, then obtain a permit before resuming. The city also assesses a surcharge, set by city council resolution, on top of the standard permit fees for the work.
How long is a Commerce City right-of-way permit valid?
Under Sec. 10-1202, a permit becomes void if work has not started within six months of issuance, unless the director grants an extension. Performance bonds or letters of credit posted as a guarantee are returned once the permit is voided.

Sources & Official References

Other rules in Commerce City

All Commerce City rules

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