Colorado Statute #35-46-112 puts the burden of the cost of constructing or repairing a fence on adjoining properties on both land owners. Caution should be taken in that the statute only requires a land owner to meet the standard of the definition of a lawful fence.

All fences over four feet tall need a zoning permit. All walls, including retaining walls, over 12 inches high need a zoning permit. Post-hole dug fences only need a building permit if they are taller than eight feet, but all other fence and wall types require building permits if they are over four feet tall.

Colorado: A Fence Out State Colorado has traditionally been an “Open Range” or “fence out" state. This means that landowners who prefer not to have livestock on their property are responsible for fencing them out. But, with this responsibility also comes certain rights and many questions.

§ 35-46-113 states that it is also their duty to maintain and share the cost of maintaining partition fences. Therefore, unless otherwise agreed, each landowner is responsible for one-half of the cost of repairing any partition fence.