Dumpster diving—the act of searching through commercial or residential waste containers for discarded items—has become increasingly popular for both environmental and economic reasons. However, its legality in Colorado depends on a mix of state law, local ordinances, and property rights.
Statewide Legality
- Dumpster diving is not illegal statewide in Colorado. This follows the 1988 Supreme Court decision in California v. Greenwood, which determined that once trash is discarded and placed in a public area, there is no reasonable expectation of privacy, making it legal to search through it.
- However, this does not mean you can dive anywhere, anytime. The crucial legal factor is where the dumpster is located and who owns the property.
Key Rules: Where and When Is It Legal?
Public Property
- Dumpster diving is legal if the dumpster is on public property, is unlocked, and does not have a “No Trespassing” sign.
- Examples include dumpsters on public streets or in public parks, provided there are no additional local restrictions.
Private Property
- Diving into dumpsters located on private property (such as behind a business, in a gated area, or at a private residence) without permission is considered trespassing and is illegal.
- If you must cross a fence, open a gate, or ignore posted “No Trespassing” signs, you are breaking the law.
- Locked dumpsters are always off-limits; tampering with locks or entering fenced areas can lead to criminal charges.
Local Ordinances
- While state law does not ban dumpster diving, local city or county ordinances may impose stricter rules.
- Some municipalities specifically prohibit disturbing refuse containers without authorization, regardless of property status.
- Always check your city or county’s municipal codes for any additional restrictions or permitting requirements.
Other Legal Considerations
Disorderly Conduct and Littering
- Even in areas where dumpster diving is technically legal, you can be cited for disorderly conduct or littering if you leave a mess or cause a disturbance.
- Law enforcement may ask you to leave or issue warnings if complaints are made by property owners or neighbor.
Taking Recyclables
- In some areas, removing recyclables from bins (especially for resale) may be considered theft, even if general dumpster diving is allowed.
Liability and Safety
- Businesses may be concerned about liability if you are injured while dumpster diving on their property.
- If you are hurt, legal recourse is limited since you assumed the risk by entering the dumpster area7.
Practical Tips for Legal Dumpster Diving in Colorado
- Always check for signs: Avoid dumpsters with “No Trespassing” or similar warnings.
- Stay off private property: Do not enter fenced, gated, or locked areas without explicit permission from the owner.
- Research local laws: City and county ordinances may override state law and can be found online or by contacting your local government.
- Ask for permission: If in doubt, seek approval from the property owner or business manager.
- Be respectful and tidy: Clean up after yourself and avoid making a mess to prevent complaints and potential citations.
Summary Table: Dumpster Diving Legality in Colorado
| Scenario | Legal Status | Notes |
|---|---|---|
| Public property, unlocked, no signs | Legal | Check for local ordinances |
| Private property (business/home) | Illegal (Trespassing) | Permission required |
| Locked/fenced/gated dumpsters | Illegal (Trespassing) | Do not tamper with locks or barriers |
| “No Trespassing” signs present | Illegal (Trespassing) | Always off-limits |
| Taking recyclables for resale | Sometimes Illegal | Depends on local rules |
| Leaving a mess or causing disturbance | Illegal (Littering/Disorderly Conduct) | Keep area clean |
Dumpster diving is generally legal in Colorado when done on public property and in compliance with local ordinances. However, entering private property, ignoring posted signs, or tampering with locks is illegal and can result in trespassing charges. Always check local regulations and seek permission when in doubt to avoid legal trouble and ensure a safe, respectful experience
Sources:
- https://kekbfm.com/colorado-dumpster-diving-law/
- https://kekbfm.com/colorado-is-dumpster-diving-illegal/
- https://www.lawyer-monthly.com/2025/02/is-it-legal-to-dumpster-dive-a-comprehensive-guide/
- https://www.reddit.com/r/DumpsterDiving/comments/1q36ze/is_dumpster_diving_legal_in_your_area_heres_how/
