Fence laws in Colorado
What Colorado statutes and statewide codes say about fences, one topic at a time, with the section number and a link to the document behind every line.
Colorado fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | 50% | C.R.S. 35-46-112 |
| Fence height | Silent | no figure | C.R.S. 35-46-101 to 35-46-115 |
| Permits | Silent | no figure | C.R.S. 30-28-201 |
| Pool barriers | Stated | 60 in | 5 CCR 1003-5, sec. 3.24 |
| Spite fences | Silent | no figure | C.R.S. 35-46-101 to 35-46-115 |
| How height is measured | Not researched yet | no figure | none |
| Corner visibility | Not researched yet | no figure | none |
| Retaining walls | Not researched yet | no figure | none |
| Materials | Not researched yet | no figure | none |
| Agricultural fencing | Stated | 3 strands | C.R.S. 35-46-101 |
Fence laws in Colorado, question by question
Who owns the fence between two properties in Colorado?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Colorado splits the cost of a boundary fence between farm and ranch neighbors. Where farm or grazing land of two or more people touches, each owner has a duty to build half of the line fence, and that fence has to meet the state lawful fence standard. A person who already owns a lawful fence on the line is owed half its cash value by the neighbor who moves in next to it. The rule is written for agricultural and grazing land.
Where the agriculture or grazing lands of two or more persons adjoin, whether or not such lands are farmed or grazed, it is the duty of the owner of each tract to build one-half of the line fence, such fence to be a lawful fence as described in section 35-46-101.
50%share of a boundary fence each adjoining owner has a duty to build
How tall can a fence be in Colorado?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Colorado sets no statewide limit on residential fence height. The state fence law only describes a lawful fence for farm and grazing land and gives no maximum height for a home fence. State law hands municipalities the power to regulate partition fences, so height is set by municipal ordinance.
Documents read before writing that:
- C.R.S. 35-46-101 to 35-46-115Colorado General Assembly
- C.R.S. 31-15-601Colorado General Assembly
Do I need a permit for a fence in Colorado?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Colorado adopts no statewide residential building code, so there is no statewide fence permit rule and no statewide permit exemption. State law says a board of county commissioners is authorized to adopt a building code, which leaves the choice to each county. Cities and towns are given their own power over building rules and over partition fences. Whether a fence needs a permit is therefore a county or city question.
Documents read before writing that:
- C.R.S. 30-28-201Colorado General Assembly
- C.R.S. 31-15-601Colorado General Assembly
Pool fence requirements in Colorado
StatedThe code gives a plain answer, and the line it appears on is quoted.
Colorado has a statewide barrier rule for pools open to the public. Section 3.24 of the swimming pool regulation requires a fence so that people reach the pool only through controlled entrances, and a building or structure can serve as the barrier. The fence has to be at least sixty inches high with self closing, self latching gates and a latch at least fifty four inches up. A stricter local building code or ordinance takes the place of this rule.
Every swimming pool in a non-restricted public place shall be fenced to prevent unauthorized access to the pool except through controlled entrances.
60 inminimum fence height around a public swimming pool
Spite fence laws in Colorado
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Colorado has no state statute about a fence built to annoy a neighbor. The fence law in Title 35 and the real property laws in Title 38 contain no spite fence rule and no height trigger. Any limit of that kind comes from local ordinance.
Documents read before writing that:
- C.R.S. 35-46-101 to 35-46-115Colorado General Assembly
- C.R.S. Title 38Colorado General Assembly
How fence height is measured in Colorado
Not researched yet for Colorado. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Colorado
Not researched yet for Colorado. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Colorado
Not researched yet for Colorado. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Colorado
Not researched yet for Colorado. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Colorado
StatedThe code gives a plain answer, and the line it appears on is quoted.
Colorado defines a lawful fence in its fence law. It is a well built three barbed wire fence with strong posts set about twenty feet apart, strong enough to turn back ordinary horses and cattle. All gates have to be as good as the fence itself. Any other fence that works just as well also counts.
"Lawful fence" is a well-constructed three barbed wire fence with substantial posts set at a distance of approximately twenty feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as good as the fence, or any other fence of like efficiency.
3 strandsbarbed wires in a lawful fence
Also on agricultural fencing in Colorado
- StatedColorado is a fence out state. Damages for livestock trespass go only to a person who keeps a lawful fence in good repair and whose fence the animals broke through. The statute says no one recovers for that kind of trespass unless the crops were protected by a lawful fence at the time. The burden sits on the landowner who wants livestock kept off, not on the livestock owner. C.R.S. 35-46-102Colorado · Statute
Documents behind this page
5 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Colorado General AssemblyColorado Revised Statutes 2024, Title 35, Article 46, Section 35-46-112
- Colorado General AssemblyColorado Revised Statutes 2024, Title 31, Article 15, Part 6, Building and Fire Regulations
- Colorado General AssemblyColorado Revised Statutes 2024, Title 30, Article 28, Part 2, Building Codes
- Colorado Department of Public Health and Environment, Water Quality Control DivisionCode of Colorado Regulations, Swimming Pools and Mineral Baths, Section 3.24, effective December 15, 2020
- Colorado General AssemblyColorado Revised Statutes 2024, Title 38, Property, Real and Personal
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean