Balconies over alleys, sidewalk planters and old coal chutes: Denver is rewriting its right-of-way rules

Anything that sits in or hangs over a Denver street, sidewalk or alley, from a balcony or awning to a sidewalk planter or an old basement vault, is governed by a section of city code that the Department of Transportation and Infrastructure (DOTI) now wants to rewrite.

Council Bill 26-1485 would amend Chapter 49, Articles XIII and XIV of the city code, which cover permanent and temporary "occupancy" of the public right-of-way, usually called encroachments (Legistar). It was on the Council's Oct. 26 agenda for introduction (agenda).

Why it matters to residents: these rules decide how much clear sidewalk you get to walk on, what a builder can hang over an alley, and what the city can do about a sign, awning or planter that has become a hazard.

What would change

According to DOTI's executive summary:

• Alleys: The bill repeals the city's total ban on overhead encroachments in alleys. DOTI's request says the city could then consider proposals that don't interfere with the alley, utilities or safety.
• Balconies and projections: Balconies that stick out up to 4 feet would need at least 14 feet of clearance and leave at least 5 feet of open sidewalk beyond them. Anything projecting more than 12 inches into the right-of-way would need drainage.
• Permits first: All structural encroachments would need a DOTI permit, and building and zoning permits could not be issued without one. The city's power to revoke a permit would expand to cover safety, traffic, unpaid fees and neglect.
• Below the sidewalk: Existing rules for vaults and coal chutes stay, but the bill stresses that property owners are responsible for upkeep, and DOTI could order unsafe ones fixed or filled at the owner's cost.
• Planters: Fixed size rules would give way to a safety review. Plants would still need the City Forester's approval.
• Removal: More kinds of encroachments, including balconies, awnings, canopies and signs, could be ordered removed, and non-compliant ones would be declared nuisances.
• Cleanup: The bill deletes 1950s-era sections on doors, awning fees and platform scales, and drops dollar amounts that are now set elsewhere.

What our records add

It cleared committee on consent. The Transportation and Infrastructure Committee approved the bill by consent on Oct. 14, our records show. No Council member has been listed as a sponsor; it is a department request.

Encroachments have been a sore spot. At a Sept. 15 Community Planning and Housing Committee meeting, Amanda Sawyer said her district sees people build without permits, get caught and then have to ask for an encroachment permit after the fact, which she said gets messy once neighborhood organizations get involved (video at 58:20). At a July 22 South Platte River Committee meeting, Chris Hinds said he was glad the Council would have a chance to consider changes to the process for the largest encroachment permits (video at 8:14). Those larger permits come to the Council for a vote, and it's not clear from the summary whether this bill changes that step.

It's part of a bigger DOTI conversation. Council members have been pushing for changes to how the transportation department works. Our earlier story covers that debate.

What's next

• Final vote: City bills are introduced, then come back for a final vote, usually a week later. If the Oct. 26 introduction went ahead as scheduled, a final vote could come as soon as Nov. 2. Check the meetings page for the agenda.
• Read the bill and summary on Legistar.