La Plata County, CO Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 74-9 of the La Plata County Code, adopted by the Board of County Commissioners, puts the Public Works Department in charge of every permit for work in a county right-of-way. The code calls the document a county right-of-way permit rather than an encroachment permit, and it covers third-party work in the right-of-way, driveway access and utility construction. A permit covers only the work it authorizes, and the permittee cannot enter private property or disturb private facilities or installations inside the right-of-way.

Each permit is valid for one year and can be renewed for one additional one-year period if the renewal is obtained before expiration. Miss that date and the permit expires, so a new permit and a new application fee are required. Before issuance the applicant posts a non-cancelable permit bond, issued by a corporate surety licensed in Colorado, for $5,000 or 115 percent of the amount needed to restore the right-of-way, whichever is greater. The county can recover expenses for 365 days after the permit expires. At the public works director's discretion, municipalities, quasi-municipal agencies, ditch companies and electric, gas and communications utilities can file a letter of responsibility instead of a bond.

The construction rules are specific. The road must be returned to a condition equal to or better than the original. Road cuts are barred unless the director finds that subsurface conditions preclude boring. Backfill in the roadway's structural section is flowable fill up to within six inches of the surface, or engineered backfill with compaction testing. Underground utility lines go at least two feet below the ground surface, and overhead lines need 18 feet of ground clearance where they cross public streets. The applicant gives the public works director at least 14 calendar days' notice before construction starts and submits a proposed schedule. Only one side of a road can be blocked at a time unless the department approves closing both sides in advance. Emergency repairs still need a permit, but the application can be delayed 48 hours, excluding weekends and holidays. The director releases the security after the applicant certifies completion, including drainage, connections and a cleared roadside.