Sidewalk Construction, Reconstruction and Repair

The construction, reconstruction and repair of sidewalks was, historically, the responsibility of adjacent property owners in Denver. In November 2022, a citizen-led ballot initiative approved by voters, known as Denver Deserves Sidewalks and Ordinance 307, shifted the responsibility of sidewalk construction and maintenance to the city and established a fee the city is to charge property owners to fund the sidewalk work.

Here’s a link to the full ordinance language.


NOTICEThe Denver Sidewalk Ordinance 307 Stakeholder Committee, established by Denver’s Department of Transportation and Infrastructure (DOTI) and composed of residents from each of the City Council Districts, representatives from the DOTI Advisory Board and proponents of the citizen-initiated ordinance, has been meeting to make recommendations on refinements to the sidewalk ordinance to:

  1. address concerns community members have raised regarding fees assessed to residential properties (particularly properties that would be assessed fees substantially higher than the average under the original ordinance) and the potential burden on lower-income households
  2. ensure the ordinance remains compliant with TABOR requirements, and
  3. ensure DOTI is able to successfully implement a sustainable program for the construction, reconstruction, and ongoing repairs of sidewalks citywide.

After careful consideration, the sidewalk task force is recommending three amendments to the ordinance and is seeking community feedback on the proposed amendments. Click on the accordions to review the recommendations. 

Recommendation 1: Fee structure for residential properties

For residential properties only (as defined below) the Task Force recommends replacing the annual sidewalk fee per linear foot of property frontage of the ordinance with the following annual fee per residential unit:

Residential property type

Fee per residential unit

Single Family residential

(Defined as properties classified by the Denver Assessor’s Office as “Residential” with exactly 1 residential unit located on the parcel)

$148.64

Multifamily residential

(Defined as properties classified by the Denver Assessor’s Office as “Residential” with 2 or more residential units located on the parcel)

$27.83


For example, a 10-unit multi-family complex would have a fee of $278.30 ($27.83*10). 

For all other properties, the Committee recommends keeping the sidewalk fee per linear foot of property frontage outlined in Section 49-148(a) of the ordinance.

Recommendation 2: Discount Program

The Committee recommends replacing the 20% discount on the fee for properties located in neighborhoods identified through the city’s Neighborhood Equity & Stabilization (NEST) with the following:

  • A 20% instant rebate on the fee for properties with income-restricted housing, where at least 25% of the residential units are available only to households meeting certain low income criteria; and
  • An instant rebate program for income-qualified property owners that is aligned with Denver’s Solid Waste Service Rebate program.  Currently under this program, property owners that receive trash and recycling collection services from Denver's Solid Waste division (a single family home, townhome, duplex or apartment in a complex with 7 or fewer units), are eligible to apply for the following-income based rebates:

Income

Instant Rebate

<60% of the Area Median Income (AMI)

50%

<50% of the AMI

75%

<30% of the AMI

100%

Recommendation 3: Implementation Timeline

The Committee recommends revising the timeline for implementation to “within nine years of the effective date of this section, or as soon thereafter as determined feasible by the manager of transportation and infrastructure.”

The Task Force further recommends revising this section of the ordinance to state that the initial capital investment plan should “prioritize the repair or reconstruction of all existing sidewalks that are in severe disrepair, that represent a safety hazard, or which do not minimally comply with legally mandated accessibility standards.”

Read the task force’s full memo for more info and rationale behind the ordinance change recommendations.


FAQ

Why has my stormwater bill increased? Is it the sidewalk charge?

Until the Denver City Council approves proposed amendments by the sidewalk task force, DOTI will not charge residents for sidewalks. Separately, property owners will see a 4.7% increase in their stormwater bills for 2024. Per the Denver Revised Municipal Code (DRMC), this increase is based on the percentage increase of the Consumer Price Index (CPI) for Urban Consumers.


How is the fee for sidewalk repair and maintenance determined?

For residential properties only (as defined below) the Committee recommends replacing the sidewalk fee per linear foot of property frontage outlined in Section 49-148(a) of the ordinance with the following fee per residential unit:

Residential property type

Fee per residential unit

Single Family residential

(Defined as properties classified by the Denver Assessor’s Office as “Residential” with exactly 1 residential unit located on the property)

$148.64

Higher-density residential

(Defined as properties classified by the Denver Assessor’s Office as “Residential” with 2 or more residential units located on the property)

$27.83

For example, a 10-unit multi-family complex would have a fee of $278.30 ($27.83*10). 

For all other properties, the Committee recommends keeping the sidewalk fee per linear foot of property frontage outlined in Section 49-148(a) of the ordinance. 

When will my sidewalk be fixed?

Revenue received from new annual sidewalk charge will be placed in a special fund. Per Ordinance 307, the revenue is to be used to develop a master plan and near- and long-term strategy for a continuing program of sidewalk construction, reconstruction and repair.

DOTI will begin the master planning efforts in 2024 and will use the citywide implementation strategy to prioritize safety improvements across the city.

What if I don't have a sidewalk?

The requirement to pay the sidewalk fee is not dependent upon having a sidewalk or whether or not a property owner has recently completed sidewalk installation or repairs. The purpose of the fee, as stated in the ordinance passed by voters, is to implement a sustainable program for the construction, reconstruction and ongoing repairs of sidewalks citywide and promote the general public health, safety and welfare by assuring that sidewalks are accessible and safely maintained for all sidewalk users.

What if I've already repaired my sidewalk and it is in good condition?

The requirement to pay the sidewalk fee is not dependent upon having a sidewalk or whether or not a property owner has recently completed installation or repairs. The fee is a revenue source to fund maintenance and repair projects and new sidewalk installations to connect people to places and services citywide. Therefore, the city will not be issuing any refunds or exemptions from this fee.

My sidewalk was repaired during the Neighborhood Sidewalk Repair Program (NSRP), am I required to pay this fee?

Yes, the sidewalk fee is still required. The fee is a revenue source to fund maintenance and repair projects and new sidewalk installations to connect people to places and services citywide.

What happens if I have an HOA?

The sidewalk fee will be issued in conjunction with Denver stormwater billing in 2024, so if your HOA receives your stormwater bill and pays it on your behalf, check with your HOA to see how it plans to handle the sidewalk fee.

What were some of the stated purposes of the sidewalk ballot initiative?

Among other ideas, the ordinance outlined these stated purposes:

  • To promote the general public health, safety and welfare by assuring that sidewalks are accessible and safely maintained for all sidewalk users
  • To provide for the establishment of a sidewalk master plan and maintenance program for effectively identifying sidewalks in need of construction, reconstruction and repair and developing a comprehensive program for sidewalk construction, reconstruction and repair
  • To establish a reasonable sidewalk service charge for construction, reconstruction and repair of sidewalks computed on a basis of the use made of, and the need for, and the service provided by, sidewalks in the city

What should the required sidewalk master plan accomplish?

The ordinance states, among other things, that the sidewalk master plan shall set forth the location, width and state of repair of all sidewalks within the city, as well as the location of all lots and parcels of real property in the city where there are currently no sidewalks. It will also address the implementation of the initial capital investment plan as well as a long-term strategy for a continuing program of maintenance, repair, and/or reconstruction of city sidewalks as needed and over time.

What happens if I do not pay?

Ordinance 307 authorizes the City to place a lien on properties that are delinquent in the payment of fees.

What about my flagstone sidewalk?

The ordinance states that the sidewalk master plan shall require sidewalks to be constructed, reconstructed and repaired to the minimum standard sidewalk widths identified in the city’s Complete Streets Guidelines for the type of street on which the sidewalk is located, unless the manager of transportation and infrastructure determines doing so is not reasonable or feasible.

The ordinance also states that the sidewalk master plan shall consider and direct the implementation of strategies to preserve flagstone sidewalks where the existing materials are substantially intact and it is possible to do so while still satisfying sidewalk master plan priorities and meeting sidewalk construction and condition standards.

Will a widened or newly installed sidewalk increase my stormwater bill?

Sidewalks installed or widened by the Denver Sidewalk Program will not increase billable impervious surface on your stormwater bill as public-use sidewalks are not chargeable.

How does the city determine the linear footage?

The city is utilizing parcel data from the assessor’s office to calculate the linear frontage.

Am I required to shovel/clear my sidewalk of snow?

Yes. Ordinance 307 does not relieve property owners of the snow clearing responsibility.