Fence laws in Commerce City, Colorado
What the Commerce City municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Commerce City sets no rule of its own, the Colorado rule is shown in its place and marked as such.
Fence laws in Commerce City, Colorado, question by question
The short version
- Who pays on the line
- The same table that sets the heights sets the setbacks, measured from the property line and from the back of the sidewalk, and the answer turns on the land use and which boundary the fence runs along. The figure is 30 inches, for setback for a residential front yard fence.
- How tall
- Commerce City puts every fence height in one table that crosses five land uses against five positions on a lot, and the answer turns on the land use, the position on the lot and the fence style. The figure is 42 inches, for fence in a residential front yard.
- Permits
- Commerce City sets no statewide fence permit rule. The chapters that were read are listed below. Cities and counties decide this one.
- Pool barriers
- A fence around a pool open to the public in Colorado stands at least sixty inches high, with gates that close and latch by themselves and a latch at least fifty four inches up. The figure is 60 inches, for minimum fence height around a public swimming pool.
- Spite fences
- Commerce City has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Commerce City measures from the top of the fence down to the highest finished grade of the lot directly under it, so on uneven ground the high point governs and an owner gains nothing by building the low side up, and the answer turns on whether the fence sits on the ground or on a wall. The figure is 4 feet, for freestanding retaining wall height.
- Corner lots
- Commerce City writes its visibility rule as a standard rather than a shape, and the answer turns on the topography, the speed limit and how close the driveway is.
- Retaining walls
- Commerce City leaves retaining walls to each board of county commissioners, and separately each city and town, which adopt building codes on their own.
- Materials
- Fence materials in Commerce City are wood, brick, stone, masonry, stucco over concrete block, vinyl, wrought iron, aluminum, fiberglass, composite or chain link, all subject to city approval, and decorative materials such as tile or glass block may be worked into a permitted design, and the answer turns on the material and the district. The figure is 3 strands, for barbed wire on an industrial fence.
- Livestock
- A lawful fence in Colorado is a well built three barbed wire fence on strong posts set about twenty feet apart, good enough to turn back ordinary horses and cattle. The figure is 3 strands, for barbed wires in a lawful fence.
Who owns the fence between two properties in Commerce City?
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Commerce City answers this, but the answer changes depending on the land use and which boundary the fence runs along.
The same table that sets the heights sets the setbacks, measured from the property line and from the back of the sidewalk. A residential fence in a front yard, or in a side or rear yard along a public right-of-way, has to stand thirty inches back, which is a setback for a fence rather than for a building and is unusual on a house lot. Side and rear yards take zero, so a fence may run along an interior boundary. Commercial fences take ten feet at the front, industrial twenty. The finished side, meaning the side without exposed rails, of any fence fronting a public right-of-way has to face the right-of-way. Fences may be permitted within city easements, but the city is not responsible for repairing or replacing a fence it has to remove to reach one. Where fences of different heights meet, on the same property or across a property line, there has to be a transition area approved by the department.
Setback Minimum as measured from property line and/or back of sidewalk Front Yard 0 30 inches 10 feet 20 feet 10 feet
21-7732, Table VII-21, with 21-7731(1) and (10)
The answer turns on the land use and which boundary the fence runs along.
- a residential front yard
- Thirty inches back. 30 in
- an interior side or rear line
- No setback. 0 ft
- the finished side
- Faces the public right-of-way.
- a city easement
- Allowed, at the owner risk.
Also on fences on the property line in Commerce City
- set in state lawColorado splits the cost of a fence on the line between farm and ranch neighbors. Where farm or grazing land of two or more people touches, each owner builds half of the line fence, and it has to meet the state lawful fence standard. A person who already has a lawful fence on the line is owed half its cash value by the neighbor who moves in next to it. This rule covers farm and grazing land only, not a fence at a house. C.R.S. 35-46-112Colorado · Statute
How tall can a fence be in Commerce City?
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Commerce City answers this, but the answer changes depending on the land use, the position on the lot and the fence style.
Commerce City puts every fence height in one table that crosses five land uses against five positions on a lot. In the agricultural, residential and commercial categories a front yard fence is held to forty-two inches, while industrial gets six feet and public or institutional gets eight. A residential rear or side yard fence may reach six feet, and a side or rear yard running along a public right-of-way is held to five feet if it is screen style and six feet if it is open, so opacity buys or costs a foot. Along a public or private open space, park or trail a residential fence drops to forty-eight inches. Three exceptions reach higher. A lot siding onto an arterial, state or federal highway may have a solid six foot fence, as may an interior lot backing onto another right-of-way. A tennis court, baseball field or similar recreational use may run to twelve feet where the fence is open style and out of every required setback.
Height Maximum Front Yard 42 inches 42 inches 42 inches 6 feet 8 feet Rear Yard 6 feet 6 feet 8 feet 8 feet 8 feet
The answer turns on the land use, the position on the lot and the fence style.
- a residential front yard
- Forty-two inches. 42 in
- a residential side or rear yard
- Six feet. 6 ft
- a screen fence along a right-of-way
- Five feet, or six if open style. 5 ft
- a tennis court or ball field
- Twelve feet, open style, out of the setbacks. 12 ft
Also on fence height in Commerce City
- no rule, documents checkedColorado sets no limit on how tall a fence at a house can be. The city sets it. The state fence law only describes a lawful fence for farm and grazing land and gives no top height for a fence at a house, and state law gives cities and towns the power over fences on the line. C.R.S. 35-46-101 to 35-46-115Colorado · Statute
Do I need a permit for a fence in Commerce City?
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Commerce City law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Whether a fence needs a permit in Colorado is a county or city question. The state adopts no building code for houses at all, so there is no statewide permit rule and nothing statewide to be exempt from. State law says a board of county commissioners may adopt a building code, which leaves the choice to each county, and cities and towns get their own power over building rules and over fences on the line.
This one is Colorado law, not Commerce City law. All Colorado findings
Documents read before writing that:
- C.R.S. 30-28-201Colorado General Assembly
- C.R.S. 31-15-601Colorado General Assembly
Also on permits in Commerce City
- no rule, documents checkedNothing in the Commerce City code requires a fence permit. The phrase does not appear in the municipal code or the land development code at all, and the fence standards, which run to seven sections and a table, never name an application, a fee or a review. What the code does instead is hold back approval at several points inside the design rules. An open style fence may use a design similar to the listed ones only where the city approves it. Fence materials are listed but are to be approved by the city. Where fences of different heights meet there has to be a transition area approved by the department. Along an open space, park or trail in the commercial, industrial and public categories the fence style is open or screen as determined by the director. Barbed wire on rural land not zoned for agriculture is allowed as determined by the director. So the decisions exist; the permit does not. 21-7731Commerce City · Zoning code
Pool fence requirements in Commerce City
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Colorado answers this in its own law. The words that do it are quoted below.
A fence around a pool open to the public in Colorado stands at least sixty inches high, with gates that close and latch by themselves and a latch at least fifty four inches up. Section 3.24 of the state swimming pool rule requires the fence so people reach the pool only through controlled ways in, and a building or other structure can do the job of the fence. A stricter local code or ordinance takes the place of this rule.
This one is Colorado law, not Commerce City law. All Colorado findings
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 Commerce City
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Commerce City law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Colorado has no state law about a fence built to annoy a neighbor. The fence law in Title 35 and the property laws in Title 38 have no spite fence rule and no height that turns a fence into one. A limit of that kind comes from a local ordinance.
This one is Colorado law, not Commerce City law. All Colorado findings
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 Commerce City
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Commerce City answers this, but the answer changes depending on whether the fence sits on the ground or on a wall.
Commerce City measures from the top of the fence down to the highest finished grade of the lot directly under it, so on uneven ground the high point governs and an owner gains nothing by building the low side up. The second sentence goes the other way. When a fence is erected on top of a retaining wall, the height of the fence is measured from the top of the retaining wall, which means the wall itself is not counted against the fence. A six foot fence stays a six foot fence on a four foot wall, and the neighbor below looks at ten feet. That is the more permissive of the two ways to handle a wall and it is stated plainly rather than left to be argued. The retaining wall is capped separately: four feet where it is freestanding and not compensating for a grade change, six feet where it is attached to the primary structure and needed for one.
The height of a fence or wall shall be the distance from the top of the fence or wall to the highest finished grade of the lot directly under the fence or wall. When a fence is erected on top of a retaining wall, the height of the fence shall be measured from the top of the retaining wall.
The answer turns on whether the fence sits on the ground or on a wall.
- uneven ground
- The highest grade underneath.
- a retaining wall
- Measured from the top of the wall.
- a freestanding retaining wall
- Four feet. 4 ft
- a masonry column
- A foot above the fence, outside a residential front yard.
Also on how height is measured in Commerce City
- left to the townColorado has no fence height of its own, so it never says where one would be measured from. Section 31-23-301 lets the city council set the height, number of stories and size of buildings and other structures, and it even covers the height of trees. The state fence law describes a lawful fence by its three barbed wires and its posts about twenty feet apart, and gives no height at all. So the city picks the number and the surface it starts from. C.R.S. 31-23-301(1)Colorado · Zoning code
Fence rules for corner lots in Commerce City
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Commerce City answers this, but the answer changes depending on the topography, the speed limit and how close the driveway is.
Commerce City writes its visibility rule as a standard rather than a shape. No fence or wall may be placed in any location or at any height that unreasonably obstructs the vision of a person exiting a property, and the exact amount of unobstructed visibility is determined by the topography of the site, the traffic speed limit on the street, and the proximity of the driveway to the fence. Naming the three variables is more than most short rules do, because it says what an applicant will be asked about even though no number is given. The rule is written about exiting a property rather than about an intersection, so it reaches every driveway and not only corner lots. Two other provisions do the work a triangle usually does: the forty-two inch limit across a residential front yard, and the thirty inch setback from the property line or the back of the sidewalk, which together keep a conforming fence low and back from the pavement.
No fence or wall shall be placed in any location or at any height that unreasonably obstructs the vision of any person exiting a property. The exact amount of unobstructed visibility shall be determined by topography of the site, the traffic speed limit on the street, and the proximity of the driveway to the fence.
The answer turns on the topography, the speed limit and how close the driveway is.
- the shape of the clear area
- Not stated anywhere in the code.
- what decides it
- Topography, speed limit, driveway distance.
- every driveway
- Covered, not just corner lots.
Also on corner visibility in Commerce City
- set in state lawNo Colorado law draws a clear view triangle on a corner lot. Counties and towns write that under Titles 30 and 31. The state once had a general rule against blocking the view along a highway, and the legislature repealed it in 1981. What is left is narrower. Section 43-1-411 refuses a permit for an outdoor advertising sign within five hundred feet of the center of an intersection when it would badly cut the view of traffic on the crossing road or of an oncoming train. That is a sign rule on state highways. C.R.S. 43-1-411Colorado · Traffic code
Retaining wall rules in Commerce City
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Commerce City does not set this. It leaves it to each board of county commissioners, and separately each city and town, which adopt building codes on their own.
Colorado has no state rule for a wall that holds back earth, because it adopts no building code for houses at all. State law says a board of county commissioners may adopt a building code for the parts of the county outside any city or town, and cities and towns get their own separate power over building rules. So there is no state height at which a wall of that kind needs a permit and no state standard for building one. Each county, city and town sets it.
This one is Colorado law, not Commerce City law. All Colorado findings
A board of county commissioners is authorized to adopt ordinances and a building code consistent with the uniform building code, 1988 edition, as promulgated by the international conference of building officials and as revised from time to time, in all or part of the county, and not embraced within the limits of any incorporated city or town.
The code hands this to each board of county commissioners, and separately each city and town, which adopt building codes on their own, which is not published in the code itself.
Fence materials allowed in Commerce City
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Commerce City answers this, but the answer changes depending on the material and the district.
Fence materials in Commerce City are wood, brick, stone, masonry, stucco over concrete block, vinyl, wrought iron, aluminum, fiberglass, composite or chain link, all subject to city approval, and decorative materials such as tile or glass block may be worked into a permitted design. Sheet plastic, sheet metal and plywood are out. Corrugated metal is allowed only in industrial districts. And chain link with inserts, slats or attached fabric screening is prohibited outright, which is the unusual one: most cities treat slatted chain link as an acceptable way to make an open fence opaque and Commerce City treats it as the thing being banned. Everything has to be of commercial fencing quality. Razor wire and fencing with sharp projection tips are prohibited in every district. Barbed wire is prohibited too, except for up to three strands on top of an industrial fence installed at least six feet above grade, as a fencing material in agricultural districts, and on rural land used for agriculture.
Sheet plastic, sheet metal, and plywood fencing shall not be allowed. Corrugated metal shall only be allowed in industrial zone districts. Chain link fencing with inserts, slats and/or attached fabric screening material are prohibited.
The answer turns on the material and the district.
- slatted chain link
- Prohibited.
- corrugated metal
- Industrial districts only.
- barbed wire
- Three strands on an industrial fence, above six feet. 3 strands
- razor wire
- Never.
Also on materials in Commerce City
- set in state lawColorado defines a lawful fence as a well built three barbed wire fence on solid posts about twenty feet apart, good enough to turn ordinary horses and cattle, with gates as good as the fence. Any other fence that works as well counts the same. C.R.S. 35-46-101Colorado · Statute
Livestock and boundary fence law in Commerce City
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Colorado answers this in its own law. The words that do it are quoted below.
A lawful fence in Colorado is a well built three barbed wire fence on strong posts set about twenty feet apart, good enough to turn back ordinary horses and cattle. Every gate has to be as good as the fence. Any other fence that works just as well counts the same.
This one is Colorado law, not Commerce City law. All Colorado findings
"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 Commerce City
- set in state lawColorado is a fence out state. The landowner who wants livestock kept off builds the fence, not the animal owner. Money for a livestock trespass goes only to a person whose crops were behind a lawful fence at the time, kept in good repair, and whose fence the animals broke through. Without that fence, nothing is owed. C.R.S. 35-46-102Colorado · Statute
Documents behind this page
9 documents, of which 3 were published by Commerce City itself. Each was read on the date shown.
- Colorado General AssemblyColorado Revised Statutes 2024, Title 35, Article 46, Section 35-46-112
- City of Commerce CityCommerce City Land Development Code, Article VII, Section 21-7732, Fence and Wall Requirements by Land Use
- 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
- City of Commerce CityCommerce City Land Development Code, Article VII, Section 21-7731, General Standards
- City of Commerce CityCommerce City Land Development Code, Article VII, Section 21-7730, Fence and Wall Styles
- 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
- Colorado General Assembly, Office of Legislative Legal ServicesColorado Revised Statutes 2024, Title 43, Transportation
What this page does not cover
A city ordinance is not the only rule that reaches a fence. The zoning district a parcel sits in can change the height allowed on it, and so can an overlay district, a recorded easement, a fire hazard severity zone or a coastal zone. A homeowner association can be stricter than the city and nothing in the municipal code will say so. None of those appear here.
The rules above are the ones Commerce City publishes, plus the Colorado rules that apply where the city sets none. Fence laws in Colorado has the state layer in full.
This is general information drawn from published government documents. It is not legal advice, ordinances are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean