Process for Approving Retaining Wall &/or Fence Installations in Denver
Bryan Wilson
Hi Bryan,
That would be a good question for the Residential Plan Review team as I'm not too clear on when they would identify the property line during the permitting review. To my knowledge, the City & County of Denver does not store property line surveys on file, and this information is largely supplied and verified based on the submitted site plan and elevation drawings.
When determining property line setbacks, our Zoning Inspectors rely on 3rd party, Licensed Surveyors to fill out a Setback Certification Form, which would then be available on-site at time of inspection for the inspector to verify. This information provided by the licensed surveyor would be used by the Zoning Inspector to complete any Setback and/or Bulk Plane Inspections thereafter. With this in mind, all fences and walls must be at least 6 inches back from the public sidewalk, regardless of where the property line is located.
I've attached the Setback Certification Form and Policy for your reference on how our agency manages setback determinations for structures. As well, here is a link to our "Fences and Walls" page of our website with more information relevant to the discussion. I'll be sure to circle your feedback with my team to see how we can better address your concerns.
Thank you,Austin Trevino
Neighborhood Inspection Services
Community Planning and Development | City and County of Denver
phone: (720) 865-2505
From: Bryan Wilson <bryan...@gmail.com>
Sent: Friday, January 30, 2026 9:33 AM
To: Neighborhood Inspection Service - CPD <Neighborhood.In...@denvergov.org>
Subject: Re: [EXTERNAL] [redacted]: fence encroaching upon right of wayThank you, that's a start!
I would like to also ask...
When does the front property line get located in the review process by your staff?
Could you request that it be added for the installation of fences &/or retaining walls?
I feel that has been an oversight by many for decades.
Thank you in advance!Respectfully,
Bryan Wilson
On Fri, Jan 30, 2026 at 9:26 AM Neighborhood Inspection Service - CPD <Neighborhood.In...@denvergov.org> wrote:
Hi Bryan,
Unfortunately, I'm not familiar with how best to answer your questions as I primarily serve as a Customer Service Representative for our City Inspection staff. We do have a Residential Plan Review team that oversees the Building & Zoning Plan Review for single family residences (and duplexes) — their workgroup will likely be the best resource to connect with to better explain the code and determinations behind the permitting approval.
Residential Plan Review
From an enforcement perspective, if found to be not in compliance by a City Inspector, they would issue the property owner a Notice of Violation, which would indicate a timeline for the property owner to come into compliance (typically 10-14 days, where a re-inspection would occur). Upon re-inspection, if the property owner is non-compliant, the City Inspector would begin issuing Administrative Citations that would increase with subsequent enforcement visits thereafter. However, the City Inspector's do try to work with the owner to come into compliance, so cases could be extended without administrative penalties if the City Inspector believes the property owner is sufficiently working with the city towards compliance.
I hope this information is helpful!
Thank you,Austin Trevino
Neighborhood Inspection Services
Community Planning and Development | City and County of Denver
phone: (720) 865-2505
From: Bryan Wilson <bryan...@gmail.com>
Sent: Thursday, January 29, 2026 3:54 PM
To: Neighborhood Inspection Service - CPD <Neighborhood.In...@denvergov.org>
Subject: Re: [EXTERNAL] [redacted]: fence encroaching upon right of wayThank you!
Are walls and fences somehow treated differently?
Why would something like this get approved even if encroaching upon the public right-of-way?If it does get approved, would they somehow have to pay for the assimilated property?
Thank you in advance for your help.
Respectfully,Bryan Wilson
On Thu, Jan 29, 2026, 3:42 PM Neighborhood Inspection Service - CPD <Neighborhood.In...@denvergov.org> wrote:
Hi Bryan,
I have filed your report under 2026-ZNIS-0000695, and we anticipate an inspector visiting the property in the coming week. To follow up on the status of this inspection, feel free to reply back to this email or give our Customer Service team a call at 720-865-2505 (available Monday - Friday; 7:30 a.m. - 3:30 p.m.).
Thank you,Austin Trevino
Neighborhood Inspection Services
Community Planning and Development | City and County of Denver
phone: (720) 865-2505
From: Bryan Wilson <bryan...@gmail.com>
Sent: Thursday, January 29, 2026 3:22 PM
To: 311 <3...@denvergov.org>
Cc: Neighborhood Inspection Service - CPD <Neighborhood.In...@denvergov.org>; Neighborhood...@denvergov.org <Neighborhood...@denvergov.org>
Subject: [EXTERNAL] [redacted]: fence encroaching upon right of wayHello,
The new fence installed at [redacted] is encroaching upon the public right of way.
[image redacted]
Please send out an inspector and have it removed.
Thank you,Bryan Wilson
Bryan Wilson
Residential Permits - CPD
Bryan,
Property owners are responsible for ensuring that proposed improvements are located within their property boundaries and comply with applicable zoning and building requirements. City staff verify that property line dimensions align with available parcel records and that proposed construction is located within the applicable zone lot. When a permit application requires verification of setbacks or property lines, the applicant may be required to provide documentation, such as a Setback Certification Form or other supporting documentation, depending on the scope of work and applicable review requirements.
Setback and zoning building separation verification dimensions are required on construction documents submitted with building and/or zoning permit applications when the exterior wall of a proposed structure is located less than 3 feet from the zone district minimum setback distance or required zoning building separation, as required by Former Chapter 59 Section 59-619.
Fences and retaining walls located within the zone lot are reviewed by the zoning team. When these improvements extend into the public right of way, the Department of Transportation and Infrastructure (DOTI) is responsible for review and may require additional review and approval through the applicable City process. Approval of an encroachment does not convey ownership of public right of way property to the adjacent property owner. The public right of way remains under City ownership and control, and approved encroachments may be subject to removal or modification if needed for public improvements, maintenance, or other City purposes.
Existing installations and encroachment conditions are reviewed based on the applicable approvals, permits, site conditions, and enforcement processes in place at the time of review. Similar looking conditions may have different outcomes depending on whether required approvals were obtained and whether the installation complies with applicable requirements.
We appreciate your feedback regarding public education and the potential impacts of encroachments on future sidewalk improvements. Your concerns regarding coordination with Complete Streets objectives and improving public guidance will be shared with the appropriate teams for consideration.
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Thank you,
We would love to hear your feedback! Share Your Experience.
Please be advised: Some development applicants have reported receiving fraudulent emails requesting payment of fees. The City and County of Denver will never request payment for any rezoning, permitting or licensing fees via wire transfer, cryptocurrency, or prepaid gift cards. If you believe you have been targeted by a scam or have received a fraudulent request, please report it immediately to city staff and the Denver Police Department's non-emergency line 720-913-2000.
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From: Bryan Wilson <bryan...@gmail.com>
Sent: Monday, July 20, 2026 9:21 AM
To: Neighborhood Inspection Service - CPD <Neighborhood.In...@denvergov.org>; Residential Permits - CPD <Residenti...@denvergov.org>; Neighborhood...@denvergov.org; DOTI Sidewalks <Side...@denvergov.org>
Cc: City of Denver <cityof...@googlegroups.com>; dencc - City Council <de...@denvergov.org>; DOTI Advisory Board <DOT...@denvergov.org>; INC Transportation Committee <transpo...@denverinc.org>
Subject: [EXTERNAL] Re: Process for Approving Retaining Wall &/or Fence Installations in Denver
Hello again, Just wanted to follow up on this request. . . When installing a fence or a retaining wall, when is a property owner required to locate their property line? https: //www. denvergov. org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Community-Planning-and-Development/Plan-Review-Permits-and-Inspections/Zoning-Permits/Apply-for-Commercial-Zoning-Permits/Fences-and-Walls