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Fountain, 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 from
City Clerk's office
Governing law
Fountain Municipal Code § 12.04.060
Fee
Set by city fee schedule, waivable for minor work
Plan approval
Expires after 1 year if unstarted
Appeal window
15 days to city manager, then council

Summary

Fountain Municipal Code § 12.04.060 requires anyone other than a city contractor to get a permit from the city clerk before building, cutting, trenching, paving or repairing any street, alley, sidewalk, curb, gutter or public area. Work must meet the city engineer's design standards, and permit denials can be appealed up through the city manager to city council.

It is unlawful for any person, firm, corporation, or any other entity, other than those under contract with the city, to construct, reconstruct, pave, cut, open, trench, excavate, alter or repair any street, alley, sidewalk, curb, gutter or public area within the city without first obtaining a permit from the city clerk. All such work must comply with the requirements of this chapter and to the satisfaction of the city engineer.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

060, adopted under Ord. No. 1324 in 2006 and amended by Ord. No. 1402 in 2008, makes it unlawful for anyone other than a party under contract with the city 'to construct, reconstruct, pave, cut, open, trench, excavate, alter or repair any street, alley, sidewalk, curb, gutter or public area within the city' without first obtaining a permit from the city clerk. 080 must state the applicant's name, the work location and length, start and completion dates, plans and drawings, and a promise of workmanlike performance.

090, the applicant pays a fee set by the city's current fee schedule, though the city engineer can waive it for small or minor installations at his or her discretion, and the engineer can refuse a permit outright if the work would create a safety hazard. 070, and expire for re-approval if construction has not begun within one year. 060(C).

Violations & Fines

Work done without the required permit, or work that violates the permit's terms, is a misdemeanor under § 12.04.210, punished under the Code's general penalty, § 1.12.010, with each day of the violation a separate offense. The city engineer can also cancel the permit outright, remove the violator's equipment from the street, and repair any resulting damage at the permit holder's expense.

Frequently Asked Questions

Do I need a permit to dig up a sidewalk or street in Fountain?
Yes. Fountain Municipal Code § 12.04.060 makes it unlawful for anyone besides a city contractor to construct, cut, trench, excavate, pave or repair any street, alley, sidewalk, curb, gutter or public area without first getting a permit from the city clerk and meeting the city engineer's standards.
How much does a Fountain right-of-way permit cost?
Section 12.04.090 sets the fee according to the city's current fee schedule on file at the city clerk's office, but the city engineer can waive it entirely for small or minor installations at his or her sole discretion.
What if the city denies my encroachment permit?
You can appeal in writing to the city manager within 15 days under § 12.04.060(C). If the city manager also denies it, you can appeal again within 15 days to the city council, which may consult the planning commission and whose decision is final.

Sources & Official References

Other rules in Fountain

All Fountain rules

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