Denver’s Department of Public Health and Environment (DDPHE) is responsible for regulating nuisance odors as defined under Denver Revised Municipal Code, Chapter 4 – Air Pollution Control, Section 4-10. Denver’s ordinance specifies odors as a nuisance issue, as opposed to a health issue, to address reasonable and comfortable use and enjoyment of property.
Denver's updated odor ordinance includes these changes:
On November 10, 2016, the DDPHE Board approved the Rules & Regulations Governing Nuisance Odors (English / Español). This document is considered official and may be used as reference until the signed official document is received.
Denver investigates all complaints received on questionable odors. This includes identifying the source, independently verifying the odor, responding to the complainant and the source, and issuing a citation if necessary.
If issuing a citation is deemed necessary by DDPHE, the manager shall determine the amount of penalties. The Department's criteria for evaluating violations and assessing civil penalties can be viewed here.
To file a complaint, call 3-1-1 (720-913-1311) or email email@example.com.
After the adoption of the updated ordiance, DDPHE and the North Denver Cornerstone Collaborative created an Odor Advisory Group, to draft the rules and regulations, develop odor control plan templates, and identify best practices. The Group consisted of industry, community, and technical representatives.
Businesses must develop and submit an Odor Control Plan (OCP) if the facility:
For marijuana businesses, DDPHE will use the following checklists for reviewing OCP submittals.
DDPHE will meet with businesses one-on-one to review the odor control plans and provide edits. Multiple days and times are available through Feb. 23, 2017. Visit www.OdorControlPlanAssistance.eventbrite.com to register.
DDPHE held a workshop in December for marijuana facilities on the updated odor ordinance. View the presentation here. It includes: