Weld County, CO Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing provision
- Weld County Code Sec. 8-13-30
- Enforcing agency
- Department of Public Works
- Criminal penalty
- up to $300 fine, 10 days jail
- Civil penalty range
- $250 to $500 per County Court order
- Continuing daily penalty
- up to $50 per day
- Appeal path
- Board of County Commissioners, Sec. 2-4-10
Summary
Anyone occupying, constructing, maintaining, excavating within, or encroaching on Weld County road right-of-way needs a Right-of-Way Use Permit from the Department of Public Works first. That covers crossings and, for qualifying public utilities and agricultural lines, parallel installations along the county's maintained and non-maintained roads and public drainage easements.
Right-of-Way Use Permit Necessary. A Right-of-Way Use Permit is required for occupying, constructing, maintaining or excavating facilities within, and for encroaching upon, any County road right-of-way... It is unlawful to occupy, construct or excavate within any Weld County road right-of-way or encroach upon any County road right-of-way, unless a Right-of-Way Use Permit is first issued. Any person, firm or corporation violating any provision of this Article is guilty of a Class 2 petty offense, which, upon conviction thereof, shall be punishable by a fine of three hundred dollars ($300.00) or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment, for each separate violation. Each day during which such violation continues shall be deemed a separate offense.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Charter and County Code: Supplement 95).
Full Breakdown
Sec. 8-13-30 requires a Right-of-Way Use Permit before any person or entity may occupy, construct, maintain or excavate within, or encroach upon, a Weld County road right-of-way or easement, and work cannot continue past the dates stated in the permit unless a written extension is requested before expiration. Sec. 8-13-10 defines what qualifies for a parallel installation along the right-of-way: public utilities holding a Certificate of Public Convenience and Necessity from the Colorado Public Utilities Commission, water lines run by municipalities and water or sewer districts, transmission or pipe lines used solely for agricultural purposes, fresh-water above-ground transfer pipelines, and lines in non-maintained right-of-way approved case by case based on population density, topography or access to a recorded exemption lot.
Crossings of the right-of-way are allowed for any line. The Department of Public Works reviews every application for safety and constructability before issuing the permit under Sec. 8-13-60, and the fee schedule in Sec. 8-13-100 is set by resolution of the Board of County Commissioners and printed on the permit itself. A denied application, or one issued with objectionable terms, can be appealed in writing to the Board of County Commissioners under the Sec. 2-4-10 appeal procedure. The Department can also revoke or suspend a permit at any time to protect public health, safety and the safe function of county roads, since the permit is treated as a privilege rather than a property right.
Violations & Fines
Occupying, constructing or excavating within county right-of-way, or encroaching on it, without a permit is a Class 2 petty offense under Sec. 8-13-140: a fine of $300, up to ten days in county jail, or both, with each day of continued violation a separate offense. A written notice gives the violator seven days to correct the problem before the Sheriff's Office issues a summons. The County Attorney can also seek civil penalties of $250 to $500 in County Court, plus up to $50 per day continuing.
Frequently Asked Questions
Do I need a permit to run a private utility line along a Weld County road?
What happens if I encroach on county right-of-way without a permit?
Can Weld County revoke a Right-of-Way Use Permit once issued?
How do I appeal a denied Right-of-Way Use Permit application?
Sources & Official References
Other rules in Weld County
Compare Weld County to another location·View the Colorado sidewalk & pedestrian rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.