City of Denver-Update & Feedback from March 11 WPENA Meeting
Hello Washington Park East neighbors,
Thank you for taking the time to attend the meeting on March 11th and for your valuable input regarding the impact of construction on your neighborhood. Your feedback is essential, and we greatly appreciate your active participation.
In response to the concerns and questions raised at the meeting, I have worked closely with our partners at the Department of Transportation and Infrastructure (DOTI) and the Department of Public Health and Environment (DPHE) to provide the most accurate and detailed answers possible. Below you’ll find the questions and answers.
Please let us know if you have any follow up questions.
Sincerely,
Jill Jennings Golich
1. Noise ordinance and construction hours – The noise ordinance which contains the requirements for hours of construction activity is overseen and enforced by the Department of Public Health and Environment and live in Chapter 36 of the Denver Revised Municipal Code.
a. During a 2008 amendment process, there was desire and support to reduce exempted construction hours during weekends. This was done, and exempted hours on Saturdays and Sundays were reduced from 7AM – 9PM to 8AM – 5PM. During the most recent amendment process for the noise ordinance, which also included extensive community outreach, the issue of exempted construction hours being excessive did not come up as an issue. FYI – recent changes to the noise ordinance were adopted by City Council in February 2025.
b. For municipalities that regulate construction noise with a noise ordinance, typical exempted start times are 6AM and 7AM, typical end times range from 7PM to 10PM. Another common practice we saw for regulating construction noise was regulating it through the building permit process which may allow for flexibility and consideration of site specific conditions if needed. Denver’s noise ordinance exempts construction noise Monday through Friday from 7AM to 9PM and Saturday, Sunday from 8AM to 5PM.
c. Construction noise complaints are typically one of the top three most frequent complaints that we receive each year. More specifically, by far and above the most frequent construction noise complaint is for early morning construction noise, starting before exempted hours. Previously Investigators had to measure the construction noise levels to document a violation before being able to issue a citation. This proved to be very challenging due to the number of contractors and subcontractors on a single construction site the ability to predict when one of them will show up early was very difficult and time consuming, in many cases it has proved to be impossible to anticipate. Due to the random unpredictable nature of construction noise very few citations compared to the number of construction complaints were issued in the past.
d. Now with the recent February 2025 amendments being passed, Investigators no longer need to be on site to measure noise levels to be able to issue citations. An Investigator may issue a citation based on time stamped video/audio evidence from the complainant provided that the noise is plainly audible and taken from the complainant’s property. Plainly audible means the sound is easily identifiable such as, it’s a saw, it’s a hammer, it’s a backup alarm, etc.
e. The noise ordinance can be enforced with either civil administrative citations up to $5,000.00 or criminally with general violations up to $999.00 which also require a court appearance. Initially a warning/order to comply will be issued prior to issuing an administrative citation or a general violation. Violations are issued to the contractor and so if one contractor has multiple violations, that will increase the citation amount (it’s not based on multiple complaints on one site).
2. If survey range point removed during construction, does it have to be replaced?
a. All projects, public and private, that trigger a Site Development Plan or Capital Improvement Project are held to the same standard regarding survey marker perpetuation which is that all survey markers required for the development must be located and tied out per City standards and replaced by a professional land surveyor after construction and prior to final project close out.
3. What happens when a contractor blocks the alley or other right-of-way (ROW)?
a. The contractor needs to have an active street occupancy permit (RSOP) to occupy the ROW for construction purposes. If they are in construction mode, even when that work is on adjacent private property, they must have a permit even to occupy the parking lane. Otherwise, anyone can park there in front of their project and not have to move.
b. Alley exception: most alleys do partly allow for parking so long as public mobility is maintained. This means they cannot park in such a manner that blocks access to/from any private garages or yards or gates, and there is at least 10 feet clear width remaining to provide for other vehicles.
c. Delivery exception: a contractor can have materials delivered to a site without a permit. Delivery must be quick (less than 15 minutes) and not block traffic (ped, bike, scooter, vehicle). The materials need to be stored on private property and not in the ROW (unless they have a permit for that).
d. If the contractor has no permit, then we either tell them to get one or move off the ROW.
e. DOTI generally follows a three-strike policy with a $500 fine for violations one and two, and a stop work order related to any ROW work on the 3rd violation.
4. Is there a limit to the number of street occupancy permits the City will approve on one block for things like dumpsters? Is there a time limit for how long the City will allow these dumpsters (or other equipment) in the ROW?
a. There is no published maximum number since blocks have different dimensions across the City. The limiting factor here would be safety, access to private properties and preservation of curb parking space.
b. There is a time limit on dumpsters – generally it is 6 months at a given location before we require/request some alternative.
5. What are the requirements for notification of demolitions, and does a public alley eliminate the need to notify adjacent neighbors?
a. Per the 2022 Denver Building Code, amendment to Section 3307 of the International Building Code, notification to adjoining properties is required for any excavation that requires shoring or benching, a total demolition, or structure relocation.
b. The term ‘adjacent’ is not defined in the building code, but standard practice is the notification is required for properties on the sides and rear (only required in situations with no alley or a private alley).
6. For CPD violations, do building inspectors have the authority to issue administrative citations and fines or does CPD only have the authority to warn contractors, issue a stop work order and possibly suspend or revoke their contractor’s license?
a. CPD’s Building Inspections team does not have the authority to issue administrative citations with fines. The team has the authority to issue stop work orders, general violations, and suspension or revocation of contractor licenses.
7. What is happening with 400 S Williams?
a. A concept site plan application was received for a zone lot amendment request to split the lot into three different zone lots. What is proposed is a new single-unit dwelling with detached garage on each of the three lots.
b. The property has submitted for a landmark review of their request to demolish the existing structure. Pending landmark review, Colorado Department of Public Health and Environment review for asbestos abatement, and utility cut-offs, the property owner would be able to submit for a demolition permit.
