Fence laws in Pueblo, Colorado
What the Pueblo municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Pueblo sets no rule of its own, the Colorado rule is shown in its place and marked as such.
Fence laws in Pueblo, Colorado, question by question
The short version
- Who pays on the line
- The whole of the Pueblo fence section is one sentence: except as prohibited in Chapter 3 of Title XV, fences, walls and hedges may be permitted in any required yard, or along the edge of any yards, and the answer turns on whether the traffic title prohibits the fence.
- How tall
- Pueblo states its residential heights inside the schedule of district regulations rather than in the fence section, and the answer turns on the yard, and whether the traffic title cuts it down. The figure is 4 feet, for fence in a front yard.
- Permits
- Pueblo enforces its sight rules through abatement rather than through a permit, and the answer turns on whether the owner removes the obstruction in time. The figure is 20 days, for time to remove the obstruction.
- 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
- Pueblo has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Pueblo leaves the measuring rule to the governing body of each municipality.
- Corner lots
- Pueblo handles the corner as a nuisance rather than as a zoning limit, and the answer turns on whether the thing sits in the clear sight triangle. The figure is 2 feet, for bottom of the clear sight band.
- Retaining walls
- Pueblo leaves retaining walls to each board of county commissioners, and separately each city and town, which adopt building codes on their own.
- Materials
- The general fence section names no material at all, and the answer turns on the district and the use of the property. The figure is 7 feet, for required salvage yard 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 Pueblo?
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Pueblo answers this, but the answer changes depending on whether the traffic title prohibits the fence.
The whole of the Pueblo fence section is one sentence: except as prohibited in Chapter 3 of Title XV, fences, walls and hedges may be permitted in any required yard, or along the edge of any yards. So the building setbacks do not hold a fence back, and a fence may sit on the boundary. Accessory structures are treated quite differently a section later, with no accessory structure allowed inside a required front, side or rear yard setback, none permitted on land within a recorded easement, and none allowed to encroach into a public right-of-way, which shows that the drafters distinguished a fence from a structure deliberately. Nothing in the fence section asks for consent from the adjoining owner, states which side the finished face or the posts point toward, or divides the cost of a shared fence.
Except as prohibited in Chapter 3 of Title XV of this Code, fences, walls and hedges may be permitted in any required yard, or along the edge of any yards.
The answer turns on whether the traffic title prohibits the fence.
- a required yard
- A fence is permitted in it.
- the edge of a yard
- Also permitted.
- an accessory structure
- Kept out of the setbacks entirely.
- orientation and cost
- Neither is addressed.
Also on fences on the property line in Pueblo
- 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 Pueblo?
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Pueblo answers this, but the answer changes depending on the yard, and whether the traffic title cuts it down.
Pueblo states its residential heights inside the schedule of district regulations rather than in the fence section. Except as restricted by the traffic title, the height of fences, walls and hedges on a parcel containing a one-family, two-family, or three- and four-family residence, or a townhouse, may not exceed four feet in the front yard area and six feet in other yard areas. Hedges are held to the same figures as a built fence, so a planted screen gains nothing. The opening words of that sentence matter as much as the numbers, because they subordinate the whole rule to Section 15-3-2 of the traffic title, where a fence that impairs a driver view at an intersection is a declared nuisance. So the four and six feet are ceilings that can be cut down by a separate part of the code entirely.
Except as restricted by Section 15-3-2 of this Code, the height of fences, walls and hedges for parcels containing one-family, two-family, and three- and four-family residences, and townhouses shall not exceed four (4) feet in the front yard area and six (6) feet in other yard areas.
The answer turns on the yard, and whether the traffic title cuts it down.
- a front yard
- Four feet. 4 ft
- any other yard
- Six feet. 6 ft
- a hedge
- Held to the same figures.
- a sight obstruction
- The traffic title cuts the height down.
Also on fence height in Pueblo
- 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 Pueblo?
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Pueblo answers this, but the answer changes depending on whether the owner removes the obstruction in time.
Pueblo enforces its sight rules through abatement rather than through a permit. It is unlawful and a Class 2 municipal offense for an owner or occupant to permit, allow or suffer such a nuisance to exist on or project from their property, or from an abutting public place they are obliged to maintain, and each continuance of the nuisance for a twenty-four hour period is a separate and distinct violation. So the penalty compounds daily rather than sitting as a single fine. On notice, the Traffic Engineer gives written notice to both the owner and any occupant, specifying the nuisance and ordering it removed within twenty days, or stating in the alternative that the city will cut it down, remove it or destroy it. Notice may go by mail to the last known address, or by posting on the premises where no address can be found. The owner or occupant may appeal within the twenty days to the Director of Transportation.
Each continuance of a nuisance for a twenty-four (24) hour period shall constitute a separate and distinct violation.
The answer turns on whether the owner removes the obstruction in time.
- each day it stands
- A separate violation.
- the notice
- Twenty days to remove it. 20 days
- an appeal
- To the Director of Transportation.
- inaction
- The city removes it.
Also on permits in Pueblo
- no rule, documents checkedWhether 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. C.R.S. 30-28-201Colorado · Building code
Pool fence requirements in Pueblo
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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 Pueblo 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 Pueblo
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Pueblo 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 Pueblo 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 Pueblo
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Pueblo does not set this. It leaves it to the governing body of each municipality.
Colorado 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.
This one is Colorado law, not Pueblo law. All Colorado findings
the governing body of each municipality is empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, the height and location of trees and other vegetation
The code hands this to the governing body of each municipality, which is not published in the code itself.
Fence rules for corner lots in Pueblo
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Pueblo answers this, but the answer changes depending on whether the thing sits in the clear sight triangle.
Pueblo handles the corner as a nuisance rather than as a zoning limit. Any fence, structure, shrub, hedge, bush, tree or other plant that impairs the view of and constitutes a hazard to drivers approaching, departing, entering or crossing an intersection area is declared a nuisance. The code then supplies a presumption so the rule can be enforced without argument: anything occupying the clear sight triangle between two and eight feet above the immediately adjacent street grade is presumed to impair the view and constitute a hazard. Two other conditions are declared nuisances in the same section, obscuring the view of a traffic control device, and encroaching on or obstructing the public right-of-way, with overhanging tree limbs named. The section is careful to say it does not change the front and side yard requirements in the zoning title for main buildings.
It is presumed that any fence or other structure or any shrub, hedge, bush, tree or other plant which occupies an area in the clear sight triangle between two (2) and eight (8) feet above the immediately adjacent street grade does impair the view of and constitute a hazard to vehicles approaching, departing, entering or crossing the intersection area.
The answer turns on whether the thing sits in the clear sight triangle.
- the protected band
- Two to eight feet above the street grade. 2 ft
- a traffic control device
- Obscuring it is a separate nuisance.
- an overhanging tree limb
- Named as an obstruction.
- a main building
- The zoning setbacks are unchanged.
Also on corner visibility in Pueblo
- 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 Pueblo
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Pueblo 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 Pueblo 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 Pueblo
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Pueblo answers this, but the answer changes depending on the district and the use of the property.
The general fence section names no material at all. Where Pueblo does write a materials rule is in the schedule of district regulations for the residential character neighborhood district, and it is a straight prohibition: fencing materials may not include or incorporate razor or concertina wire, barbed wire, electrically charged wire, a plywood surface, or fabric, sheet or corrugated metal, or plastic sheeting. The list mixes the dangerous with the merely shabby, which is unusual, and it sits beside rules about driveway width and front yard parking in the same paragraph, so the whole thing is written about how a street looks rather than about safety. Elsewhere in the code particular uses carry their own material requirements: a salvage or storage premises has to be enclosed by a solid fence of at least seven feet built as a masonry wall, a wooden fence or an ornamental hedge.
Fencing materials shall not include or incorporate razor or concertina wire; barbed wire; electrically charged wire; plywood surface; or fabric, sheet or corrugated metal, or plastic sheeting.
The answer turns on the district and the use of the property.
- a residential character neighborhood
- No wire, plywood, sheet metal or plastic.
- the rest of the city
- The fence section names no material.
- a salvage or storage yard
- Seven feet of masonry, wood or hedge. 7 ft
Also on materials in Pueblo
- 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 Pueblo
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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 Pueblo 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 Pueblo
- 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 Pueblo itself. Each was read on the date shown.
- Colorado General AssemblyColorado Revised Statutes 2024, Title 35, Article 46, Section 35-46-112
- City of PuebloPueblo Code of Ordinances, Title XVII, Zoning, Section 17-4-22, Fences, walls and hedges
- Colorado General AssemblyColorado Revised Statutes 2024, Title 31, Article 15, Part 6, Building and Fire Regulations
- City of PuebloPueblo Code of Ordinances, Title XVII, Zoning, Section 17-4-4, Schedule of District Regulations
- Colorado General AssemblyColorado Revised Statutes 2024, Title 30, Article 28, Part 2, Building Codes
- City of PuebloPueblo Code of Ordinances, Title XV, Traffic, Section 15-3-2, Obstruction of view; declaration of nuisance
- 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 Pueblo 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