Colorado Revised Statutes

Colo. Rev. Stat. § 31-15-702 (2026)

Streets and alleys

✓ current as of July 2026
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(1) The governing body of each municipality has the power: (a) (I) To lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, parks, and public grounds and vacate the same and to direct and regulate the planting of ornamental and shade trees in such streets, parks, and public grounds; to plant trees upon the same; to regulate the use of the same; to prevent and remove encroachments or obstructions upon the same; to provide for the lighting of the same; and to provide for the cleansing of the same; (II) To regulate the openings therein for the laying-out of gas or water mains and pipes, the building and repairing of sewers, tunnels, and drains, and the erecting of utility poles. Any company organized under the general laws of this state or any association of persons organized for the purpose of manufacturing energy to supply municipalities or the inhabitants thereof with the same has the right by consent of the governing body, but not without such consent, subject to existing rights, to erect factories and lay down pipes in the streets or alleys of any municipality in the state, subject to such regulations as any such municipality by ordinance may impose. (III) To regulate the use of sidewalks along the streets and alleys and all structures thereunder and to require the owner or occupant of any premises to keep the sidewalks, or along the same, free from snow and other obstructions; (IV) To regulate and prevent the throwing or depositing of ashes, garbage, or any offensive matter in and to prevent any injury to any street, park, or public ground; (V) To provide for and regulate crosswalks, curbs, and gutters; (VI) To regulate and prevent the use of streets, parks, and public grounds for signs, signposts, awnings, awning posts, and power and communications poles, and for posting handbills and advertisements; to regulate and prohibit the exhibition or carrying of banners, placards, advertisements, or handbills in the streets or public grounds or upon the sidewalks; and to regulate and prevent the flying of flags, banners, or signs across the streets or from houses; (VII) To regulate traffic and sales upon the streets, sidewalks, and public places and to regulate the speed of vehicles, cars, and locomotives within the limits of the municipality; (VIII) To regulate the numbering of houses and lots and to name and change the name of any street or other public place; (b) (I) To provide for the construction and maintenance of sidewalks, curbs, and gutters of such material and in such manner as shall be designated and to provide for paying the expenses thereof by special assessments upon the adjacent or abutting property, which assessments shall constitute a lien as provided in section 31-15-401 (1)(d)(I); (II) To grade, grade or gravel, or otherwise surface or improve streets and alleys and to assess the costs of such improvements upon the lots or lands adjacent to or abutting upon any street or alley or portion thereof so improved, which assessments shall constitute a lien as provided in section 31-15-401 (1)(d); (c) To grant, by ordinance and upon such terms and conditions as may be prescribed therein, to other municipalities the right-of-way through, over, across, and under streets and alleys for the purpose of laying, constructing, operating, maintaining, and repairing waterworks and all pipelines connected therewith; (d) To authorize the construction of mills and mill races, irrigating or mining ditches, and feeders on, through, or across the streets of the municipality at such places and under such restrictions as deemed proper.

Source: L. 75: Entire title R&RE, p. 1113, § 1, effective July 1.

Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.

Notes of Decisions
Cited in 10 cases, 1979–2014 · leading case: U S West Commc'ns, Inc. v. City of Longmont, 948 P.2d 509 (Colo. 1997).
U S West Commc'ns, Inc. v. City of Longmont, 948 P.2d 509 (Colo. 1997). · cites it 33× “See § 31-15-702, 9 C.R.S. (1997). This subsequent express legislative provision negates the argument that the Underground Conversion of Utilities Act clothes the controversy here with a state-wide concern.”
Bethlehem Ev. Luth. Church v. City of Lakewood, 626 P.2d 668 (Colo. 1981). · cites it 5× “The ordinance in question requires that the Department of Community Services determine whether the proposed construction will require the installation or construction of public improvements, such as street paving, curbs, gutters, sidewalks, drainage facilities, or other public…”
Bittle v. Brunetti, 750 P.2d 49 (Colo. 1988). · cites it 3× “We previously have upheld municipal action requiring a property owner to pay the costs of construction and maintenance of sidewalks and other public improvements pursuant to section 31-15-702, because the abutting property owner is “especially benefited by the improvements over…”
South Fork Water & Sanitation Dist. v. Town of South Fork, 252 P.3d 465 (Colo. 2011). · cites it 2× “2d at 393 (recognizing that the General Assembly delegated police power to municipalities in section 31-15-702(1)(a)(II) to regulate openings in public streets for work on water mains and pipes).”
Denver Publ'g Co. v. City of Aurora, 896 P.2d 306 (Colo. 1995). · cites it 2× “The nature of city streets and the safety concerns inherent in pedestrian-automobile contact support the conclusion that the governmental interest at stake is indeed significant.”
Town of Dillon v. Yacht Club Condos. Home Owners Ass'n, 325 P.3d 1032 (Colo. 2014). · cites it 2× “" Municipalities also have the express power to improve and regulate the use of streets, to build and repair sewers and drains, and to regulate traffic within municipal boundaries See § 31-15-702(1)(a)(I), C.R.S. (2013) (governing body of each municipality has the power to "lay…”
People of City of Lakewood, Etc. v. Haase, 596 P.2d 392 (Colo. 1979). · cites it 3× “The statutory delegation of police power in the respect here involved is in section 31-15-702(l)(a)(II), C.R.S. 1973 (1977 Repl.”
N. States Power Co. v. City of Oakdale, 588 N.W.2d 534 (Minn. Ct. App. 1999). · cites it 2× “at 519 ; see also Colo.Rev.Stat. § 31-15-702 (1997). Although there is no precedent for municipal regulation of utility line placement as broad as Oakdale assumes, many courts have invalidated local ordinances requiring utility line undergrounding.”
Bd. of Cnty. Commissioners v. Bainbridge, Inc., 929 P.2d 691 (Colo. 1996). · cites it 2× “We determined that the authority for such a requirement was founded in section 31-15-702, 12B C.R.S (1986). We said that: In view of the statutory scheme that permits the assessment of these property improvement costs to the abutting property, we have no difficulty in holding…”
Cnty. Com'rs of Douglas v. Bainbridge, 929 P.2d 691 (Colo. 1997). · cites it 2× “We determined that the authority for such a requirement was founded in section 31-15-702, 12B C.R.S (1986). We said that: In view of the statutory scheme that permits the assessment of these property improvement costs to the abutting property, we have no difficulty in holding…”
Colo. Rev. Stat. § 31-15-702(1)(a)(I): 1 case
Town of Dillon v. Yacht Club Condos. Home Owners Ass'n, 325 P.3d 1032 (Colo. 2014). “" Municipalities also have the express power to improve and regulate the use of streets, to build and repair sewers and drains, and to regulate traffic within municipal boundaries See § 31-15-702(1)(a)(I), C.R.S. (2013) (governing body of each municipality has the power to "lay…”
Colo. Rev. Stat. § 31-15-702(1)(a)(II): 2 cases
South Fork Water & Sanitation Dist. v. Town of South Fork, 252 P.3d 465 (Colo. 2011). “2d at 393 (recognizing that the General Assembly delegated police power to municipalities in section 31-15-702(1)(a)(II) to regulate openings in public streets for work on water mains and pipes).”
U S West Commc'ns, Inc. v. City of Longmont, 948 P.2d 509 (Colo. 1997). “See § 31-15-702, 9 C.R.S. (1997). This subsequent express legislative provision negates the argument that the Underground Conversion of Utilities Act clothes the controversy here with a state-wide concern.”
Colo. Rev. Stat. § 31-15-702(1)(a)(III): 1 case
Bittle v. Brunetti, 750 P.2d 49 (Colo. 1988). “We previously have upheld municipal action requiring a property owner to pay the costs of construction and maintenance of sidewalks and other public improvements pursuant to section 31-15-702, because the abutting property owner is “especially benefited by the improvements over…”
Colo. Rev. Stat. § 31-15-702(1)(a)(VI): 1 case
Denver Publ'g Co. v. City of Aurora, 896 P.2d 306 (Colo. 1995). “The nature of city streets and the safety concerns inherent in pedestrian-automobile contact support the conclusion that the governmental interest at stake is indeed significant.”
Colo. Rev. Stat. § 31-15-702(l)(a)(II): 2 cases
People of City of Lakewood, Etc. v. Haase, 596 P.2d 392 (Colo. 1979). “The statutory delegation of police power in the respect here involved is in section 31-15-702(l)(a)(II), C.R.S. 1973 (1977 Repl.”
U S West Commc'ns, Inc. v. City of Longmont, 948 P.2d 509 (Colo. 1997). “See § 31-15-702, 9 C.R.S. (1997). This subsequent express legislative provision negates the argument that the Underground Conversion of Utilities Act clothes the controversy here with a state-wide concern.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.