Fence laws in Westminster, Colorado
What the Westminster municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Westminster sets no rule of its own, the Colorado rule is shown in its place and marked as such.
Fence laws in Westminster, Colorado, question by question
The short version
- Who pays on the line
- Westminster sets no general distance between a fence and a lot line, and the rear yard perimeter fence is named in the same breath as the side yard fence, so a fence may run along the boundary at six feet, and the answer turns on whether the fence is a perimeter fence or sits on a wall. The figure is 36 inches, for mobile home perimeter fence.
- How tall
- In the residential and business districts a fence in front of the front building line, or in front of the required front setback, may be of any class so long as it does not exceed thirty-six inches, and the answer turns on the district, the yard and the class of fence. The figure is 36 inches, for fence in front of the building line.
- Permits
- Fences erected in Westminster have to comply with the fence section and also with the building code the city has adopted, and swimming pools are named alongside fences as subject to both, and the answer turns on what is being built and under which approval. The figure is 50 feet, for pool setback from the front property line.
- 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
- Westminster has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- A fence erected on top of a retaining wall in Westminster may not exceed the ordinary height limits, and the height of such a fence is measured from the ground level on the high side of the retaining wall to the top of the fence.
- Corner lots
- Fences and retaining walls erected inside a vehicular sight triangle or a vehicular safe line of sight in Westminster have to comply with the city standard specifications for design and construction, so the geometry sits in an engineering document rather than in the zoning code, and the answer turns on whether the traffic engineer finds the view obstructed.
- Retaining walls
- Westminster leaves retaining walls to each board of county commissioners, and separately each city and town, which adopt building codes on their own.
- Materials
- Westminster does not list permitted materials, and the answer turns on the class of the fence and whether a development plan approved it. The figure is 6 feet, for height barbed wire has to start at.
- 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 Westminster?
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Westminster answers this, but the answer changes depending on whether the fence is a perimeter fence or sits on a wall.
Westminster sets no general distance between a fence and a lot line, and the rear yard perimeter fence is named in the same breath as the side yard fence, so a fence may run along the boundary at six feet. The mobile home paragraph is explicit about it, allowing individual lot perimeter fences to be erected at the lot line of individual mobile home spaces. Nothing in the section asks for consent from the adjoining owner, says which side the finished face or the posts point toward, or divides the cost of a shared fence. What the section does regulate near a boundary is the retaining wall it may sit on, measured from the high side, and anything inside a vehicular sight triangle. The accessory building rules nearby give a sense of the city habit: three feet from the line for a small accessory building, five for a larger one, and fifteen where the side or rear faces a public road.
Fences erected in side yards that do not project beyond the front building line or required front setback, including rear yard perimeter fences, may be of any class and shall not exceed the height of six feet.
The answer turns on whether the fence is a perimeter fence or sits on a wall.
- a rear yard perimeter fence
- Six feet, any class.
- a mobile home space
- A fence at the lot line. 36 in
- orientation and cost
- Neither is addressed.
Also on fences on the property line in Westminster
- 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 Westminster?
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Westminster answers this, but the answer changes depending on the district, the yard and the class of fence.
In the residential and business districts a fence in front of the front building line, or in front of the required front setback, may be of any class so long as it does not exceed thirty-six inches. A class two or class three fence, meaning ornamental iron or woven wire, that is more than fifty percent open may go to forty-two inches. Ornamental post caps are expressly left out of the calculation. In a side yard that does not project beyond the front building line or required front setback, and in a rear yard perimeter fence, any class may be used up to six feet. Industrial districts allow any class at six feet in a required front yard and any height elsewhere. A mobile home lot perimeter fence has to be chain link, of a standard design for the whole park, and no more than thirty-six inches.
Fences erected in front of the front building line or in front of the required front setback may be of any class, provided the height of the fence does not exceed 36 inches. Class 2 and 3 fences more than 50 percent open may be erected to a height not to exceed 42 inches.
The answer turns on the district, the yard and the class of fence.
- in front of the building line
- Thirty-six inches. 36 in
- ornamental iron or woven wire, half open
- Forty-two inches. 42 in
- a side or rear yard
- Six feet, any class. 6 ft
- an industrial lot away from the front yard
- Any height.
Also on fence height in Westminster
- 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 Westminster?
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Westminster answers this, but the answer changes depending on what is being built and under which approval.
Fences erected in Westminster have to comply with the fence section and also with the building code the city has adopted, and swimming pools are named alongside fences as subject to both. The mobile home paragraph states the permit requirement plainly, saying fence permit issuance and the fees for it are in accordance with the provisions of the code. Barbed wire needs approval on an Official Development Plan or a Preliminary Development Plan before it may be installed at all, which is a development approval rather than a fence permit and means the decision is made when the site is planned. An outdoor swimming pool, wading pool, hot tub or spa has to sit at least five feet from a side or rear property line and fifty feet from a front line, measured to the rim, with the front figure settled on a development plan where the pool serves residential occupancies on commonly owned land.
General. Fences erected in the City shall comply with the provisions of this section. Fences and swimming pools shall also comply with the provisions of the building code as adopted by the City.
11-4-6(P)(1), with (P)(5) and (Q)
The answer turns on what is being built and under which approval.
- any fence
- This section and the building code.
- barbed wire
- Approved on a development plan first.
- a pool
- Five feet from the side line, fifty from the front. 50 ft
Also on permits in Westminster
- 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 Westminster
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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 Westminster 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 Westminster
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Westminster 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 Westminster 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 Westminster
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Westminster answers this in its own law. The words that do it are quoted below.
A fence erected on top of a retaining wall in Westminster may not exceed the ordinary height limits, and the height of such a fence is measured from the ground level on the high side of the retaining wall to the top of the fence. Reading from the high side means the wall itself is not counted against the fence, so a six foot fence remains a six foot fence when it sits on a four foot wall, as seen by the owner on the upper side. The neighbor below sees ten feet. That is the more permissive of the two ways a code can handle a wall, and Westminster states it in a single sentence rather than leaving it to be argued. The section also lifts ornamental post caps out of any calculation of fence height, so a decorative top is not counted either.
Fences erected on top of retaining walls shall not exceed the height limitations specified in paragraph (1) and (2) of this subsection. The height of such fence shall be measured from the ground level on the high side of the retaining wall to the top of the fence.
Also on how height is measured in Westminster
- 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 Westminster
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Westminster answers this, but the answer changes depending on whether the traffic engineer finds the view obstructed.
Fences and retaining walls erected inside a vehicular sight triangle or a vehicular safe line of sight in Westminster have to comply with the city standard specifications for design and construction, so the geometry sits in an engineering document rather than in the zoning code. The rule the code does state is a standard rather than a dimension: no fence or retaining wall may be erected or maintained that obstructs the vision of motorists, as determined by the city traffic engineer. And it attaches a remedy most codes leave out. Any fence or retaining wall that does obstruct a motorist view may be abated as a nuisance under Title VIII, Chapter 4 of the code, which means the city can act through its nuisance process rather than only through zoning enforcement, and the owner faces abatement rather than a permit dispute.
No fence or retaining wall shall be erected or maintained that obstructs the vision of motorists, as determined by the City's traffic engineer.
The answer turns on whether the traffic engineer finds the view obstructed.
- the shape of the sight triangle
- In the city standard specifications.
- a fence that blocks the view
- Abated as a nuisance.
- who decides
- The city traffic engineer.
Also on corner visibility in Westminster
- 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 Westminster
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Westminster 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 Westminster 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 Westminster
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Westminster answers this, but the answer changes depending on the class of the fence and whether a development plan approved it.
Westminster does not list permitted materials. It sorts fences into five classes and then writes the rules against the class. Class one is masonry walls, class two ornamental iron, class three woven wire, class four fences more than fifty percent open, and class five fences less than fifty percent open. The effect is that a rule can reach both a material and a degree of openness in the same breath, which is how the front yard standard manages to give ornamental iron and woven wire six extra inches without naming any other product. Two things are prohibited outright. Barbed wire and similar sharp pointed fences may not be erected or maintained unless approved on an Official Development Plan or a Preliminary Development Plan, and where approved have to be installed at not less than six feet above the surrounding grade. No electrically charged fence may be erected or maintained at all.
Fence Classifications. Fences shall be classified as follows: Class 1: masonry walls Class 2: ornamental iron Class 3: woven wire Class 4: fences more than 50 percent open Class 5: fences less than 50 percent open
The answer turns on the class of the fence and whether a development plan approved it.
- the classes
- Five, by material and by openness.
- barbed wire
- Only on an approved development plan, from six feet up. 6 ft
- an electric fence
- Never.
Also on materials in Westminster
- 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 Westminster
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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 Westminster 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 Westminster
- 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
7 documents, of which 1 was published by Westminster itself. Each was read on the date shown.
- Colorado General AssemblyColorado Revised Statutes 2024, Title 35, Article 46, Section 35-46-112
- City of WestminsterWestminster Code of Ordinances, Title XI, Chapter 4, Zoning, Section 11-4-6, Special Regulations
- 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
- 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 Westminster 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