Boulder, CO Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

C. 1981, prohibits erecting or maintaining any building, structure, fence, barrier, post, landscaping, obstruction, or other encroachment within, under, above, or upon a public right-of-way, path, alley, or public easement without first obtaining city permission under Chapter 8-6, unless the item is exempt under Section 8-6-8. The definitions in Section 8-6-2 spell out what counts as an obstruction: a fence, hedge, or wall placed closer than the eighteen-inch minimum set by Section 9-9-15 for sidewalks or paths; landscaping, a structure, or a fence within a corner sight triangle under Section 9-9-7; a tree, plant, or structure projecting from private property onto the right-of-way that blocks the view of traffic, obscures a traffic control device, or blocks pedestrian passage; and cement, concrete, piping, or other material placed in a gutter.

Under Section 8-6-4, an unpermitted encroachment is a public nuisance that the city, or any resident, can sue to remove or abate. The city manager first notifies whoever caused the obstruction, or who owns or controls the adjacent property, and orders it removed within a reasonable time; if the owner does not comply, the manager can remove it directly and charge the cost plus up to 15 percent for administration to the property owner, certifying unpaid amounts to the Boulder County Treasurer for tax-style collection under Section 2-2-12.

The manager may also remove certain unattached obstructions immediately without notice if they violate the code, create a safety hazard, or block another public right-of-way use, under Section 8-6-4(d). A property owner notified of a removal order can request a hearing under Chapter 1-3, and if the original order is found not to have complied with the code, the hearing officer can order the city to pay the reasonable cost of removal and restoration.