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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of La Plata County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
The property owner. Section 70-6.I.D says development and obstructions within a county right-of-way or easement shall be removed by the property owner immediately upon discovery, at the owner's expense. No grace period is written into that subsection, and the Chapter 80 enforcement steps, including a 30 day notice to correct, apply on top of it.
Does the code mention sidewalks by name in this rule?
No. Section 70-6.I.D speaks of development and obstructions within a county right-of-way or easement. Sidewalk requirements appear elsewhere: Section 70-11.III requires projects to connect with existing sidewalks or walkways of equal or greater quality along the right-of-way and to extend them along the full property frontage.
What if the width of the right-of-way is unknown?
Roadway setbacks are then measured from the road center line, with an additional forty feet added to the minimum roadway setback requirement. When the width is known, the measurement runs from the edge of the right-of-way to the closest exterior wall or projection of the structure or improvement, under Section 70-6.I.C.2.
Can leaving an obstruction lead to criminal charges?
The code says failure to remove development or an obstruction within the right-of-way or easement can be a violation of C.R.S. § 43-5-301, subject to criminal prosecution and civil action by the county. Enforcement runs through the county attorney, and a violation determination from the director can be appealed to the Board of County Commissioners within ten days.

Sources & Official References

Other rules in La Plata County

All La Plata County rules

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