Denver draft would change permits for structures in public rights-of-way

Denver’s draft ordinance would change permits for structures in public rights-of-way, requiring new insurance standards and allowing the city to order nonconforming encroachments removed within six days of written notice.

The draft ordinance, requested by the Department of Transportation and Infrastructure (DOTI), had not been approved as of Oct. 8. Denver’s Legistar matter listing scheduled bill 26-1485 for committee-consent consideration on Oct. 14.

For fixed encroachments, the draft would make proof of insurance meeting requirements set by the city’s risk manager and DOTI manager a permit condition. It would replace code language that specifies minimum coverage amounts and allows a bond instead. The draft does not set new insurance limits. It would also let DOTI’s manager revoke permits for reasons including traffic movement, safety, convenience or necessity, unpaid fees, or neglected structures.

The draft would allow some balconies and other projections over alleys if they meet clearance, utility and safety rules; it would not guarantee approval. For balconies extending up to four feet into other rights-of-way, it would require at least 14 feet between the farthest projection and the back of the curb, plus five feet of unobstructed paved walking space beyond the projection. DOTI’s request form says the alley change would let the city consider proposals that do not interfere with rights-of-way, utilities or safety. The form also says the revisions would clarify code language and remove outdated references to fire zones, insurance limits and permit fees addressed elsewhere.

Under the proposed removal process, the manager could order a nonconforming encroachment removed within six days after written notice is served, and could grant more time in writing. Notice could be served personally or by registered or certified mail. Posting at the premises would be allowed in specified cases when the relevant person or address could not be found. If an owner or permittee did not remove the encroachment, the city could remove it and seek the cost of removal and right-of-way restoration. Separately, the draft would limit planter permits to owners of abutting private property or districts, while retaining requirements for city approval and safe maintenance.