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

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

Key Facts

Section
Sec. 23-81, Division 3 Encroachments
Reviewing office
City Manager
Insurance
$1,000,000 liability minimum
Legal basis
City Charter Art. XI, Sec. 10
Removal notice
10 days to remove, Sec. 23-84
Newsrack decisions
Issued within 15 days

Summary

Placing a building, fence, barrier or post inside Fort Collins-owned property, a street, sidewalk or public right-of-way requires a written encroachment permit under Sec. 23-81. The City Manager reviews the application against nuisance and public-use criteria, and the permit stays revocable at the pleasure of the City Council under the City Charter.

Any person desiring to place or erect a building, fence, barrier, post or other encroachments within any City-owned property or any street, avenue, alley, sidewalk, highway or public right-of-way in the City shall file a written application for a permit upon a form prepared and provided by the City. The provisions of this Division shall not apply to special events as defined in § 23.5-2 of this Code or to parking spaces as regulated by § 23-61 et seq., above, or to shared micromobility services operated pursuant to § 15-395 of this Code.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 155 | Transitional Land Use Code (for project before May 17, 2024): Supplement 61 | Traffic Code: Supplement 27).

Full Breakdown

Sec. 23-81 of the Fort Collins Municipal Code requires anyone who wants to 'place or erect a building, fence, barrier, post or other encroachments' within City-owned property, a street, avenue, alley, sidewalk, highway or public right-of-way to file a written application on a City-provided form. 5, parking-space obstructions handled under Sec. , or shared micromobility devices regulated under Sec. 15-395. Sec. 23-82 spells out what the application must contain: the applicant's name, address and phone number; the location, type and purpose of the encroachment; its anticipated duration; and proof of at least $1,000,000 in liability insurance.

If the encroachment is for food or beverage service, the applicant does not need to own contiguous property, but must show ownership or authorization from the business owner. The City Manager investigates under Sec. 23-83 and may approve an application only if the submittal is complete, the encroachment will not create a nuisance or impair public use of the property, and the property is not needed for public use; food-and-beverage encroachments trigger extra notice to neighboring owners plus annual insurance proof, other required permits (liquor, floodplain, building, Poudre Fire Authority), and compliance with the Outdoor Dining Design Manual.

5(H) of the Land Use Code. 5. Sec. 23-83(d) makes clear the permit is authorized under Article XI, Section 10 of the City Charter and is revocable at the pleasure of the City Council or City Manager at any time, with no refund of fees. Newsrack encroachment decisions must issue within fifteen days of a complete application.

Violations & Fines

An encroachment placed without a permit, or kept beyond the terms of one, triggers a written removal notice under Sec. 23-84 requiring removal within ten days; continuing the encroachment after that notice is itself unlawful. If the owner does not comply, the City Manager can remove it under Sec. 23-85 and bill the cost to the property owner, assessing it against the parcel's tax rolls if unpaid within ten days of the assessment notice. Sec. 23-86 also makes noncompliance with permit terms punishable under the general penalty in Sec. 1-15.

Frequently Asked Questions

What counts as an encroachment in Fort Collins?
Sec. 23-81 covers placing or erecting a building, fence, barrier, post or other structure within City-owned property or any street, alley, sidewalk, highway or public right-of-way. It excludes special events, parking obstructions under Sec. 23-61, and shared micromobility devices regulated separately under Sec. 15-395.
Can the City revoke an encroachment permit at any time?
Yes. Sec. 23-83(d) states the permit is authorized under Article XI, Section 10 of the City Charter and is revocable at the pleasure of the City Council or City Manager whether or not the permit reserves that right, and the holder gets no refund of fees paid.
What happens if I don't remove an encroachment after the City tells me to?
Sec. 23-85 lets the City Manager remove it directly, then bill the owner for the cost. If the owner does not pay within ten days of the notice, the City assesses the cost against the property and certifies it to the County Treasurer for collection with general property taxes.

Sources & Official References

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Encroachment Permits in Nearby Cities

How other cities in Larimer County handle encroachment permits.

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Significant Restrictions