Dumpster diving—searching through dumpsters or trash bins for usable items—is not outright illegal in Colorado, but the activity’s legality is determined by several state and local laws. Here’s what the law says, and how to stay within legal boundaries.
Colorado State Law: The Basics
There is no statewide Colorado law that specifically bans dumpster diving. In fact, following a landmark Supreme Court case (California v. Greenwood, 1988), once trash is set out for collection in a publicly accessible location, it is generally considered abandoned and no longer protected by privacy laws. This means, in theory, anyone—including dumpster divers and law enforcement—can look through it without a warrant.
Where Dumpster Diving Becomes Illegal
The legality of dumpster diving in Colorado hinges on the dumpster’s location and whether you break other laws during the activity:
- Public Property Dumpsters: Dumpster diving is typically legal if the dumpster is on public property, is not locked, and does not have a visible “No Trespassing” sign.
- Private Property Dumpsters: If a dumpster is located on private property (e.g., behind a business, inside a fenced area, or on someone’s residential property), it is illegal to access it without permission. This includes hopping fences, cutting locks, or ignoring posted signs, all of which constitute trespassing—a criminal offense in Colorado.
- Signs and Security: Divers must pay attention to posted warnings. If a dumpster is locked, fenced in, or marked with “No Trespassing,” accessing it is trespassing and can lead to citations, arrests, or fines.
Municipal and County Laws
Many Colorado cities, such as Denver, Boulder, and Colorado Springs, have specific ordinances that further restrict or even prohibit dumpster diving in certain areas. Local rules may include:
- Prohibitions near schools, businesses, or in high-traffic locales.
- Fines for leaving a mess, disturbing the peace, or interfering with business operations.
- Special rules for taking recyclables, which can sometimes be considered theft if collected without authorization.
Always check your local city or county’s ordinances before dumpster diving, as these can vary widely across Colorado.
Other Legal Risks
Even when dumpster diving is legal in a given location, you can get into trouble for:
- Littering: Making a mess or leaving trash behind can result in fines.
- Disturbing the Peace: Causing noise or attracting complaints can lead to interventions by law enforcement.
- Theft: Taking items that aren’t technically abandoned (such as goods thrown by mistake) or protected materials (like mail or personal documents) can bring theft charges.
- Health and Safety Codes: Taking food, hazardous waste, medical items, or chemicals is risky, both legally and for your health.
Practical Tips to Stay Legal
- Always avoid dumpsters behind fences, inside gates, or marked with warnings.
- Never break locks or tamper with property.
- Look for dumpsters in public spaces without restrictions.
- Wear gloves and be cautious—diving at night may attract suspicion.
- Clean up after yourself to avoid littering charges.
- Consider asking business owners for permission; many small businesses are happy to let people take items headed for the landfill.
Dumpster diving in Colorado is not illegal by default, but doing so legally depends on respecting property rights, obeying posted warnings, and abiding by local ordinances. As long as you stay in public areas, avoid trespassing, respect property, and check your city’s laws, you can generally dumpster dive without fear of criminal prosecution. Always exercise caution and prioritize safety, both legally and personally.
Sources
[1] https://kekbfm.com/colorado-dumpster-diving-law/
[2] https://collincountymagazine.com/2025/07/30/is-it-illegal-to-dumpster-dive-in-colorado-heres-what-the-law-says/
[3] https://www.rolloffdumpsterdirect.com/dumpster-diving-illegal/
[4] https://www.tomislavnews.com/dumpster-diving-laws-in-colorado/
[5] https://retro1025.com/ixp/507/p/colorado-dumpster-diving-law/
