RECYCLING AND REUSE OF CONSTRUCTION AND DEMOLITION MATERIALS

Denver Revised Municipal Code ch. 10, art. XV

in effect

Denver Revised Municipal Code § 10-412 Purpose.

Sec. 10-412 - Purpose. The purpose of this section is to outline the requirements for construction, demolition recycling, and reuse requirements to divert as many materials as possible from the landfill to be reused or recycled. (Ord. No. 628-25, § 1, 9-15-25)

Denver Revised Municipal Code § 10-413 Definitions.

Sec. 10-413. - Definitions. Except as otherwise provided in this article, the following words and phrases have the following meanings: (1) Building official means the person authorized to act on behalf of the building permitting and inspections services agency (agency) in the interpretation and enforcement of the Denver Building Code and appointed by the manager of community planning and development. (2) Contractor means the person issued a demolition permit, a residential construction permit, or a commercial construction permit, which could include a homeowner or tenant if expressly allowed by the building official. (3) Covered material means the following material resulting from the construction, remodeling, repair, and demolition of utilities, structures, and buildings: concrete, asphalt, masonry, untreated wood, metal, or corrugated cardboard. Covered material also includes items that can be reused, as defined herein. The manager of community planning and development is authorized to promulgate rules establishing additional covered materials. (4) Gross floor area means the floor area within the outside perimeter of the exterior walls of the building. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The floor area of a tenant space shall be measured to the middle of interior walls. (5) Qualifying project means any construction, demolition, addition, alteration, remodel, or tenant improvement project that requires a demolition permit or a residential or commercial construction permit. (6) Recycle means to collect, sort, cleanse, treat, and reconstitute construction and demolition debris that would otherwise become solid waste and return the materials to the market in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. (7) Reuse means to recover or reapply construction or demolition debris for uses similar or identical to its originally intended application, without manufacturing or preparation processes that significantly alters the material. The manager of community planning and development is authorized to promulgate rules which may establish volumetric weight conversions for common reuse items. (8) Total demolition means the complete removal of a structure that requires a demolition permit from the agency. (Ord. No. 628-25, § 1, 9-15-25)

Denver Revised Municipal Code § 10-414 Recycle and reuse requirements.

Sec. 10-414. - Recycle and reuse requirements. (a) In general. For permit applications submitted on or after September 1, 2026, the contractor for a qualifying project must divert at least fifty (50) percent of the total amount by weight of construction and/or demolition debris produced on the site of a qualifying project by recycling, reusing, or recycling and reusing, at minimum three (3) of the covered materials. For permit applications submitted on or after September 1, 2036, the contractor for a qualifying project must divert at least sixty-five (65) percent of the total amount of weight of construction and/or demolition debris produced on site of a qualifying project by recycling, reusing, or recycling and reusing, at a minimum three (3) of the covered materials. (b) Prohibited materials. The total amount of construction and demolition debris does not include material containing asbestos or lead, or material that is considered hazardous as defined either by the Environmental Protection Agency, the Colorado Department of Public Health and Environment, or Denver department of public health and environment. (c) Demolition and construction. When work at a location determined to be a qualifying project includes both total demolition and construction, the total demolition portion of the work is considered one (1) qualifying project, and the construction portion of the work is considered another separate qualifying project. A qualifying project in an existing building which includes interior demolition and construction shall be treated as one (1) qualifying project. (d) Application to modify or reduce recycling and reuse requirements. If a contractor believes it cannot meet the requirements of this article due to site-specific conditions or material recyclability present in a qualifying project, the contractor may apply to reduce or modify the recycling and reuse requirements when submitting their construction and/or demolition application to the building official. The building official shall have the sole authority and discretion to award or deny modifications to this article. The manager is authorized to promulgate rules and regulations which may establish additional requirements for contractors to prove that compliance with this article is impossible, impractical, or otherwise overly burdensome. (1) Achievable diversion rate. If the building official approves modifying or reducing the fifty (50) percent diversion rate requirement for a specific qualifying project, the building official shall provide the contractor with an alternative achievable diversion rate. When an alternative achievable diversion rate is awarded, such rate shall be the amount required for that specific project in order for the project to be eligible for a full refund of the security deposit described in section 10-416. The contractor shall not be entitled to a partial refund pursuant to section 10-417 of this article. (2) Minimum covered materials requirement. If the building official approves modifying or reducing the three (3) covered materials requirement for a specific qualifying project, the building official will set a new minimum covered materials requirement for that specific project to be eligible for a full refund of the security deposit described in section 10-416. The contractor will not be entitled to a partial refund pursuant to section 10-417 of this article. (Ord. No. 628-25, § 1, 9-15-25)

Denver Revised Municipal Code § 10-415 Exemptions.

Sec. 10-415. - Exemptions. (a) From the effective date through December 31, 2035, the following projects are exempt from the recycling and reuse requirements set forth in section 10-414: (1) The construction or demolition of a building five hundred (500) square feet or less in gross floor area. (2) The interior improvement, repair, remodeling, tenant finish, or any other interior modification where the area of modification totals no more than two thousand five hundred (2,500) square feet of gross floor area. (3) Construction that does not require or have an associated demolition, residential construction, or commercial construction permit. (4) The construction or demolition of a building due to an emergency order from the city. (5) A residential or commercial construction permit where no construction is required and is only issued to document a change in occupancy. (b) The manager of community planning and development may adjust these exemptions, based on market conditions and the availability and cost of recycling services, through an update to the rules and regulations promulgated under authority of this article. (Ord. No. 628-25, § 1, 9-15-25)

Denver Revised Municipal Code § 10-416 Waste diversion plan and performance security deposit.

Sec. 10-416. - Waste diversion plan and performance security deposit. (a) In order to be issued a permit for a qualifying project, a contractor must submit a waste diversion plan as required by the building official. (b) On or after September 1, 2026, prior to issuance of a demolition permit, a residential construction permit, or a commercial construction permit for a qualifying project a contractor shall submit a performance security deposit based on construction type and square footage in accordance with and subject to the maximum limits identified in Table 1a - Performance Security Deposit (Through December 31, 2035 or Table 1b - Performance Security Deposit (On or after January 1, 2036). The manager of community planning and development is authorized to adjust the amounts in Table 1a and Table 1b, provided that any such adjustment shall be adopted in rules and regulations promulgated by the manager, and no adjustment may occur within one (1) year of the prior adjustment. Table 1a - Performance Security Deposit (Through December 31, 2035) Scope of Work | Amount required | Maximum amount of the performance security deposit New construction of 501—2,500 square feet | $0.50/square foot | $1,250 New construction more than 2,500 square feet | $1.00/square foot | $200,000 Demolition of a structure 501—2,500 square feet | $0.50/square foot | $1,250 Demolition of a structure more than 2,500 square feet | $1.00/square foot | $200,000 Existing building renovation/tenant finish more than 2,500 square feet | $1.00/square foot | $100,000 (c) From January 1, 2036 onward, the following projects are exempt from the recycling and reuse requirements set forth in section 10-414: (1) The construction or demolition of a building three hundred (300) square feet or less in gross floor area. (2) The interior improvement, repair, remodeling, tenant finish, or any other interior modification where the area of modification totals no more than one thousand (1,000) square feet of gross floor area. Table 1b - Performance Security Deposit (On or After January 1, 2036) Scope of Work | Amount Required | Maximum amount of the performance security deposit New construction of 300—1,000 square feet | $0.50/square foot | $1,250 New construction more than 1,000 square feet | $1.00/square foot | $200,000 Demolition of a structure 301—1,000 square feet | $0.50/square foot | $1,250 Demolition of a structure more than 1,000 square feet | $1.00/square foot | $200,000 Existing building renovation/tenant finish more than 1,000 square feet | $1.00/square foot | $100,000 (d) Prior to the issuance of a demolition, residential construction, or commercial construction permit for a qualifying project, a contractor may request from the building official a reduction or exemption from the performance security deposit due to an economic hardship if the amount of the performance security deposit exceeds ten (10) percent of the valuation of the project. The building official shall have the sole discretion to reduce the amount of the performance security deposit. (Ord. No. 628-25, § 1, 9-15-25)

Denver Revised Municipal Code § 10-417 Compliance documentation and refunding of performance security deposit.

Sec. 10-417. - Compliance documentation and refunding of performance security deposit. (a) No later than sixty (60) days from the date of the final inspection of a qualifying project, the contractor shall submit documentation to the agency showing compliance with section 10-414 in a manner established by the building official. (b) The contractor shall include original weight receipts or other itemized waste documentation as adopted through rules and regulations, showing the types and amounts of covered materials recycled or reused, and total amount of construction and demolition debris, by weight. (c) A contractor shall include the cubic yards for covered materials recycled or reused when that material cannot be weighed due to size, lack of scales at a facility, or other considerations. (d) Deposit refund amount determination (1) If a contractor complies with the recycle and reuse requirements set forth in section 10-414, then the building official shall authorize a refund of one hundred (100) percent of the performance security deposit to the contractor. (2) Subject to other limitations of this article, if a contractor recycles, reuses, or recycles and reuses between forty (40) percent and forty-nine and nine-tenths (49.9) percent of the construction and/or demolition debris produced on the site of a qualifying project, then the building official shall authorize the refund of seventy-five (75) percent of the performance security deposit. (3) Subject to other limitations in this article, if a contractor recycles, reuses, or recycles and reuses between thirty (30) percent and thirty-nine and nine-tenths (39.9) percent of the construction and/or demolition debris produced on the site of a qualifying project, then the building official shall authorize the refund of fifty (50) percent of the performance security deposit. (4) There shall be no refund of any percentage of the performance security deposit to a contractor that recycles, reuses, or recycles and reuses less than thirty (30) percent of the construction and/or demolition debris produced on the site of a qualifying project. Table 2 - Deposit Refund Amount Determination Compliance Percentage Amount | Diversion Percentage Amount | Deposit Refund Percentage Amount 100% Compliance | 50% or more | 100% 80%—99% Compliance | 40%—49.9% | 75% 60%—79% | 30%—39.9% | 50% Less than 60% | Less than 30% | 0% (e) Performance security deposit amounts that are forfeited by the contractor due to partial compliance or non-compliance shall be transferred to the general fund (f) Trust fund (1) There shall be one (1) or more trust funds established to administer the performance security deposit amounts (collectively, "security deposit funds") received by the city pursuant to this article. a. Revenue for projects complying with section 10-417(d) shall be returned to the contractor in accordance with subsection (d), above; or b. Revenue generated from forfeited security deposits shall be treated as a fine transferred from a trust fund to the general fund. (2) The manager of community planning and development shall manage the security deposit funds. (Ord. No. 628-25, § 1, 9-15-25)

Denver Revised Municipal Code § 10-418 Administrative fee.

Sec. 10-418. - Administrative fee. The building official is authorized to impose an administrative fee in the amount of one hundred and five dollars ($105.00) per application for the issuance of a permit to a qualifying project. The building official may adjust the fee annually in an amount equal to the percentage change from the previous calendar year in the United States Department of Labor (Bureau of Labor Statistics) consumer price index for Denver-Aurora-Lakewood, all items, all urban consumers, or its successor index. Any such adjustment, if made in the sole discretion of the building official, shall take effect on July 1, 2027, and annually thereafter. The building official shall issue a publicly available fee schedule reflecting the change prior to any such adjustment taking effect. The annual inflation adjustment shall apply to and be collected in conjunction with the issuance of any demolition, residential construction, or commercial construction permit on or after July of the year in which the adjustment is made, regardless of when the application for the permit was made. (Ord. No. 628-25, § 1, 9-15-25)

Denver Revised Municipal Code § 10-419 Enforcement.

Sec. 10-419. - Enforcement. It shall be unlawful for a contractor to violate any requirement of this article. In addition to any other penalty authorized under the Code, any contractor that violates the requirements of this article shall be subject to the disciplinary actions and penalties set forth in section 10-420 of this article. (Ord. No. 628-25, § 1, 9-15-25)

Denver Revised Municipal Code § 10-420 Disciplinary actions and penalties.

Sec. 10-420. - Disciplinary actions and penalties. (a) Notice. The building official may issue notices for violations of this article. The building official shall serve any notice of violation by personal service or first-class mail addressed to the last known address of a contractor, or contained in the records of any municipal, state, or federal agency, including, but not limited to, the Colorado Secretary of State. The notice is deemed served on the date of receipt by the contractor if personally served or upon the date of mailing. (b) Disciplinary actions. In addition to the grounds provided in chapter 32 of this Code and in the Denver Building Code, a contractor's license or registration may be suspended or revoked in the following manner: (1) A suspension of up to three (3) months after four (4) violations of section 10-414 of within a consecutive one (1) year period; (2) Additional suspensions of up to three (3) years or revocations of up to five (5) years may be administered in accordance with section 127 of the Denver Building Code. (Ord. No. 628-25, § 1, 9-15-25)

Denver Revised Municipal Code § 10-421 Appeals.

Sec. 10-421. - Appeals. Except for appeals of license or registration suspensions or revocations that must follow the process set forth in the Denver Building Code, and notwithstanding the provisions in section 2-286, any determination of the building official related to this article is reviewable by the board of appeals in accordance with its procedures for administrative review as set forth in the Denver Building Code. Any person may petition the board of appeals for a hearing concerning the determination of a violation pursuant to this article. Such petition must be submitted in writing to the board of appeals for a hearing no later than thirty (30) days after notice of any such determination. Compliance with the provisions of this section is a jurisdictional prerequisite to appeal any determination made by the building official pursuant to this article, and failure to comply bars any such appeal. Appeals to the building official from any notice stays all administrative enforcement proceedings. Following a hearing, if any, the board of appeals shall make a final determination, which may be reviewed pursuant to the Colorado Rules of Civil Procedure. (Ord. No. 628-25, § 1, 9-15-25)

Denver Revised Municipal Code § 10-422 Rules and regulations.

Sec. 10-422. - Rules and regulations. The manager of community planning and development may adopt such reasonable rules and regulations as may be necessary for the purpose of administering and enforcing the provisions of this article and any other ordinances or laws relating to recycling and reuse of construction and demolition materials. (Ord. No. 628-25, § 1, 9-15-25)

Denver Revised Municipal Code § 10-423 Reporting.

Sec. 10-423. - Reporting. No later than September 1, 2028, and at least every three (3) years thereafter until September 1, 2034, after which, at least every five (5) years, the manager of community planning and development shall provide a written report to city council which shall include, but is not limited to, deposit amounts, compliance rates, market conditions, exemptions, and other information related to this article. (Ord. No. 628-25, § 1, 9-15-25)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH10BUBURE_ARTXVRERECODEMAFetched: 10/27/2026