Local Government Review of Fencing Projects

New local rules for landowners' fences

The law creates local review of large fencing projects partly or entirely within the Sangre de Cristo land grant lands. It applies only where local governments opt in, for projects starting on or after July 1, 2025. It does not apply retroactively. Covered fences must be at least 5 feet high at every point. They must also enclose an area with a perimeter of at least 1 mile, or run at least one-half mile without enclosing an area. Repairs count when at least one-half mile of fence is taken down and reinstalled. Adding height or length also counts when it brings a fence up to these thresholds. Applicants must apply before construction, unless local officials find no significant environmental impact. In that case, officials cannot require an application or filing fee. Applications describe the fence, its purpose, wildlife passage, migration and hunting effects, ground disturbance, and mitigation or replanting plans. Officials must publish notice within 14 days of receipt and approve or deny applications within 60 days. Reviews consider the project's purpose, wildlife movement, hunters' rights, floodplains, scenic value, and plans to repair environmental damage. Approval requires that harms can be reduced or that demonstrated benefits outweigh harms. Ordinary approval requires large-mammal passages at least 20 feet wide and no more than 42 inches high every quarter-mile. Small-mammal passages must be at least 5 feet wide and 16 inches high every one-tenth mile. Disturbing more than 1 acre of topsoil requires any necessary Colorado Department of Public Health and Environment permits. Review, wildlife passages, and environmental repairs can add costs for landowners. Stricter local rules take priority. Exemptions cover necessary public utility and state transportation projects, public school or prison safety and security fences, and authorized state wildlife-agency fences.