Process for Approving Retaining Wall &/or Fence Installations in Denver

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Bryan Wilson

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Feb 2, 2026, 12:35:25 PM (12 days ago) Feb 2
to Neighborhood Inspection Service - CPD, Residential Permits - CPD, Neighborhood...@denvergov.org, City of Denver, DOTI Sidewalks
Hello,

Please see the email thread below.

I'm requesting information on when property owners are required to submit the Setback Certification Form when installing fences &/or retaining walls, or at least locate their front property line.

Unfortunately, I've been observing a number of installations that are encroachments to the public Right-of-Way, that are clearly beyond their front property line. Meanwhile, I've also seen others removed during or after installation. Confused as to why some walls are removed, while others seem allowed to remain in place. Numerous installations that I've reported have subsequently been adjusted during the construction process or removed after completion.

If installations are approved, will the property owners be required to pay for the land that they've assimilated as private property & will their assessment be updated to make adjustments to their property taxes?

Many of these installations will also impact future sidewalk installations & repairs, which I find concerning. This is especially true along the high-injury network, like CO Blvd.

Any information would be appreciated.

Respectfully,
Bryan Wilson 


On Fri, Jan 30, 2026, 10:08 AM Neighborhood Inspection Service - CPD <Neighborhood.In...@denvergov.org> wrote:
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   

We would love to hear your feedback! Share Your Experience

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 way
 
Thank 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
Thank 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
    720-865-2710

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   

We would love to hear your feedback! Share Your Experience

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 way
 
Thank 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
Thank 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   

We would love to hear your feedback! Share Your Experience

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 way
 
Hello, The new fence installed at 1699 Bellaire Street is encroaching upon the public right of way.   Please send out an inspector and have it removed.   Thank you, Bryan Wilson  ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍ ‍
Hello,

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 
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