SPACE BELOW PUBLIC RIGHT-OF-WAY

Denver Revised Municipal Code ch. 49, art. XIII, div. 3

in effect

Denver Revised Municipal Code § 49-366 Authority to use.

Sec. 49-366. - Authority to use. The space adjoining a building below a sidewalk, street or alley on public property may be used and occupied in connection with the building for any purpose not inconsistent with this article, other provisions of this Code, or other laws or ordinances regulating the use and occupancy of such spaces. (Code 1950, § 331.3-1)

Denver Revised Municipal Code § 49-367 Construction by building owner; costs.

Sec. 49-367. - Construction by building owner; costs. The owner of the building shall construct the necessary walls and footings to separate such space under any public place from the building and pay all costs and expenses attendant therewith, and, further, shall pay all costs and expenses attendant to the filling of such space in the event the privilege of the user is rescinded. (Code 1950, § 331.3-2)

Denver Revised Municipal Code § 49-368 Construction subject to directions of manager of transportation and infrastructure.

Sec. 49-368. - Construction subject to directions of manager of transportation and infrastructure. The entire construction of vaults, coal holes or other apertures shall be subject to the directions of the manager of transportation and infrastructure. (Code 1950, § 331.4-2; Ord. No. 39-20, § 126, 2-3-20)

Denver Revised Municipal Code § 49-369 Openings to be covered.

Sec. 49-369. - Openings to be covered. Openings in vaults, coal holes or other apertures in sidewalks, streets and alleys shall be covered with substantial iron plates with rough surfaces to prevent accidents. (Code 1950, § 331.4-1)

Denver Revised Municipal Code § 49-370 Property owner indemnifies city.

Sec. 49-370. - Property owner indemnifies city. The owner or person in possession of the premises in front of which a vault, coal hole or other aperture has been constructed, shall be responsible to the city for any and all damages to persons or property in consequence of any defect in the construction of such vault, coal hole or other aperture, or for allowing the same, or any portion thereof, to remain out of repair, and such owner shall be required to keep the vault, coal hole or other aperture, its walls and coverings in good order at all times. (Code 1950, § 331.5)

Denver Revised Municipal Code § 49-371 Property owner directly responsible.

Sec. 49-371. - Property owner directly responsible. The owner or person in possession of any premises abutting on a vault, coal hole or other aperture shall be held responsible to the city for any and all damages occasioned to persons or property in consequence of the aperture in the sidewalk, street or alley being left exposed and uncovered, or in consequence of the covering thereof being left insecure and unfastened. (Code 1950, § 331.6)

Denver Revised Municipal Code § 49-372 Owner may open sidewalk aperture.

Sec. 49-372. - Owner may open sidewalk aperture. Nothing contained in this division shall prevent the owner or occupant of the building with which a vault, coal hole or other aperture is connected from removing the grate or covering from the vault, coal hole or other aperture, provided the owner or occupant encloses such opening or aperture and keeps the same firmly and securely enclosed, while such grate or covering is removed, with a strong box or curb at least twenty-four (24) inches high. (Code 1950, § 331.7)

Denver Revised Municipal Code § 49-373 Hours vaults may be open.

Sec. 49-373. - Hours vaults may be open. It shall be unlawful to remove the grate or covering over any vault, coal hole or other aperture in the sidewalk, street or alley until after sunrise of any day, and such covering shall be replaced before one-half hour after sunset; provided, however, that emergency work may be done at other hours if suitable curbs and lights are installed. (Code 1950, § 331.8)

Denver Revised Municipal Code § 49-374 Unlawful to leave vaults open.

Sec. 49-374. - Unlawful to leave vaults open. It shall be unlawful for any person to leave open any cellar door, vault, coal hole or other aperture in any sidewalk, street or alley so as to endanger persons, animals or vehicles. (Code 1950, § 331.9)

Denver Revised Municipal Code § 49-375 Ventilation.

Sec. 49-375. - Ventilation. All apertures requiring ventilation shall be ventilated by means of gratings in the iron plates installed in conformance with section 49-369. (Code 1950, § 331.10-4)

Denver Revised Municipal Code § 49-376 Prohibited uses.

Sec. 49-376. - Prohibited uses. (a) No cesspool shall be constructed or operated under any sidewalk, street or alley. (b) No explosive substances shall be stored or kept for any purpose under any sidewalk, street or alley. (c) Inflammable oils may be stored under sidewalks only in strict compliance with a special permit issued by the manager of transportation and infrastructure so to do, and such storage shall be in conformity with the detailed regulations pertaining to the storage of oil in this Code. (Code 1950, §§ 331.10-1, 331.10-2, 331.10-3; Ord. No. 39-20, § 127, 2-3-20)

Denver Revised Municipal Code § 49-377 Manager may order vault construction changed.

Sec. 49-377. - Manager may order vault construction changed. (a) Whenever any vault, coal hole or other aperture under any sidewalk is not covered or secured as provided in this division, or is, in the opinion of the manager of transportation and infrastructure, unsafe or obstructive of the public travel, the manager may order the same to be filled in or placed in a safe condition, whichever shall be satisfactory to the manager. (b) If the order under subsection (a) is not complied with within a reasonable time, such time to be governed by the degree of seriousness of the hazard and specified in the order, the manager of transportation and infrastructure may cause such changes to be made. (c) The expenses therefor shall be paid by such owner or person in possession of the premises. (Code 1950, §§ 331.11, 331.12; Ord. No. 39-20, § 128, 2-3-20)

Denver Revised Municipal Code § 49-378 Contamination by or storage of radioactive waste.

Sec. 49-378. - Contamination by or storage of radioactive waste. a. Definitions. (1) Control shall mean any remedial action intended to stabilize, inhibit future exposure to or misuse of, or reduce emissions or effluents from radium contaminated materials, including leaving radium contaminated material in place pursuant to the application of supplemental standards as specified in Subpart C of 40 CFR Part 192. (2) Disposal or disposes shall mean dumping, burial or placing of radium contaminated material into or on any land, release through a sanitary sewerage system, incineration, or long-term storage with no intention of or provision for subsequent removal. (3) Radioactive waste shall mean all radioactive materials which have no useful purpose and are to be or have been discarded and for which the United States Environmental Protection Agency or the Colorado Department of Public Health and Environment has determined remedial action is required to control the harmful effects to public health or the environment of radioactive emissions from the materials. (4) Radium contaminated material shall mean any material in which the concentration of radium-226 in land averaged over any area of one hundred (100) square meters exceeds the background level by more than: a) five (5) picocuries per gram, averaged over the first fifteen (15) centimeters of soil below the surface, and b) fifteen (15) picocuries per gram, averaged over fifteen-centimeter thick layers of soil more than fifteen (15) centimeters below the surface. b. Any person who disposes of or implements a remedial action to control or to attempt to control radioactive waste or radium contaminated material shall be charged a fixed fee of twelve thousand dollars ($12,000.00) for each separate geographic location where radioactive waste or radium contaminated material is disposed of or controlled plus a variable fee of thirty dollars and six cents ($30.06) per cubic foot of radium contaminated material that remains beneath public rights-of-way or other property owned by the city. c. Any fees paid pursuant to this section shall be deducted from the fees assessed for the same waste pursuant to section 48-112 of the Revised Municipal Code. d. Any revenues generated by this fee shall be credited to the radioactive waste management fund established pursuant to section 48-113. e. Permanent disposal and control of radioactive waste and radium contaminated material are not permitted uses of property pursuant to chapter 59 of the Revised Municipal Code and nothing contained herein shall be deemed to authorize permanent disposal or control of radioactive waste or radium contaminated material. This fee shall apply if, notwithstanding the prohibition, a person disposes of or controls radioactive waste or radium contaminated material on property within the city. f. The fees imposed by this section shall not apply to persons who dispose of or control radium contaminated material incidental to installation, maintenance, repair, improvement or replacement of utilities, streets, sidewalks and alleys in public rights-of-way regulated pursuant to chapter 49 of the Revised Municipal Code and pursuant to the manager's regulations titled "Management Plan Denver Radium Site, Operable Unit 7 Denver Streets." (Ord. No. 549-96, § 1, 7-1-96; Ord. No. 145-97, § 2, 3-3-97)

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_CH49STSIOTPUWA_ARTXIIIPEOCPURI-W_DIV3SPBEPURI-WFetched: 10/27/2026