Denver Council passes bill tightening rules for structures over public rights-of-way

Denver City Council passed a bill Nov. 2 tightening clearance rules for some balconies over streets and changing insurance and permit requirements for structures in public rights-of-way. The council passed the bill en bloc, its Legistar action record shows.

The bill is listed as awaiting the mayor’s signature. Under Denver’s City Charter, ordinances take effect after final passage and publication unless they specify another date.

For balconies extending up to four feet over a street right-of-way, the bill sets a 14-foot minimum between the balcony’s farthest projection and the back of the curb. It also requires at least five feet of unobstructed paved walking space beyond the projection. The bill text requires applicants for permanent encroachments to provide insurance meeting city requirements, replacing language that allowed a bond or insurance with specified minimum coverage.

The bill authorizes the city’s transportation and infrastructure manager to revoke permits for reasons including traffic movement, public safety, convenience or necessity in use of the right-of-way, unpaid fees or neglected encroachments. The manager may also order an encroachment removed within six days after written notice, with more time possible if granted in writing. If it is not removed, the city may remove it and seek the removal and restoration costs.