La Plata County, CO Sidewalk & Pedestrian Rules: Obstruction Rules (2026)
Key Facts
- Prohibited
- Development and obstructions in a county right-of-way or easement
- Removal deadline
- Immediately upon discovery
- Who pays
- The property owner
- Statute cited in the code
- C.R.S. § 43-5-301, criminal and civil
- Right-of-way width unknown
- Measure from road center line plus 40 feet
- Driveways
- County driveway permit unless exempt
Summary
In unincorporated La Plata County, Colorado, development and obstructions inside a county right-of-way or easement are prohibited under Land Use Code § 70-6.I.D. The property owner must remove them immediately upon discovery, at the owner's expense, or face possible criminal prosecution and a civil action by the county under C.R.S. § 43-5-301.
2. Highway and road setbacks. For state highways, county roads and all other streets and roads, roadway setbacks are measured as the shortest distance between the edge of right-of-way and the closest exterior wall or projection of a structure or improvement. ... ... D. Development prohibited within right-of-way. Development and obstructions within a county right-of-way or easement is prohibited and shall be removed by the property owner immediately upon discovery, at the owner’s expense. Failure to remove development or an obstruction within the right-of-way or easement may be a violation of C.R.S. § 43-5-301, subject to criminal prosecution and civil action by the county.
Full Breakdown
Section 70-6.I.D of the La Plata County Land Use Code is the county's obstruction rule for public ground. It states that development and obstructions within a county right-of-way or easement are prohibited. The owner has no notice period to wait out: the item must come out immediately upon discovery, and the removal is at the owner's expense. The subsection does not mention sidewalks by name. It covers any development or obstruction inside a county right-of-way or easement.
Where the right-of-way line sits matters. Section 70-6.I.C.2 measures roadway setbacks for state highways, county roads and all other streets and roads from the edge of the right-of-way to the closest exterior wall or projection of a structure or improvement. If the width of the right-of-way is unknown, the measurement runs from the road center line with an additional forty feet added to the minimum roadway setback. The setback table in the same section sets the row for all public roads or streets at 20 ft., and a greenbelt or open space between the property line and the public right-of-way can be applied to the setback.
Failure to remove the obstruction carries more than a land use consequence. The code calls it a possible violation of C.R.S. § 43-5-301, subject to criminal prosecution and civil action by the county. Work that belongs in the right-of-way goes through permits instead. Section 70-11 requires a county driveway permit for driveways unless exempt, and those driveways must meet the road and bridge standards in Chapter 74.
Where a project fronts an existing sidewalk, Section 70-11.III requires it to connect with sidewalks or walkways of equal or greater quality and to extend them along the property frontage for the entire distance of the lot or parcel. Ditch easements carry their own obstruction duty in Section 70-14: owners of property crossed by a ditch must keep the ditch easement free of obstacles such as fences, landscaping or bridges.
Violations & Fines
Leaving a development or obstruction in a county right-of-way or easement violates Section 70-6.I.D and, in the code's words, can also violate C.R.S. § 43-5-301, exposing the owner to criminal prosecution and a civil action by the county. Under Chapter 80 the director or code enforcement officer can send a notice to correct with 30 days, issue a stop order, or refer the matter to the county attorney for an injunction to remove the violation. Sanctions can be assessed for each day the violation exists, and enforcement costs fall on the owner.
Frequently Asked Questions
Who pays to remove an obstruction from a county right-of-way in unincorporated La Plata County?
Does the code mention sidewalks by name in this rule?
What if the width of the right-of-way is unknown?
Can leaving an obstruction lead to criminal charges?
Sources & Official References
Other rules in La Plata County
Compare La Plata County to another location·View the Colorado sidewalk & pedestrian rules overview
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