All 50 states and DC
Retaining wall rules by state
A retaining wall holds back earth, and codes treat it differently from a free standing fence. Two questions come up constantly. The first is the height at which it needs a permit, which in most model codes sits around four feet and often carries an exception for a wall with no surcharge above it. The second is how a fence on top of a wall gets measured, which decides whether a four foot fence on a three foot wall is a four foot fence or a seven foot one.
Retaining wall rules by state, state by state
15 stated, 1 conditional, 1 silent, 34 delegated. Every row links the state page and the document behind it.
| State | What the record says | Permit threshold | Citation |
|---|---|---|---|
| Alabama | Delegatedone and two family dwellings | none stated | Ala. Code 34-14A-82(b) |
| Alaska | DelegatedAlaska adopts the 2021 International Building Code by reference and then lists the changes it makes to it. | none stated | 13 AAC 50.020 |
| Arizona | DelegatedArizona has no statewide building code. | none stated | A.R.S. § 11-861(A) |
| Arkansas | DelegatedArkansas runs one code statewide, the Arkansas Fire Prevention Code, adopted by the State Fire Marshal and... | none stated | Arkansas Contractors Licensing Board, Building Codes |
| California | DelegatedCalifornia puts its building rules in Title 24 of the California Code of Regulations and adopts them by ref... | none stated | Health & Saf. Code 17922(a) |
| Colorado | DelegatedColorado adopts no statewide building code for houses. | none stated | C.R.S. 30-28-201(1) |
| Connecticut | Statedone and two family dwellings and townhouses, under the residential half of the state building code | 3 ft | 2022 Connecticut State Building Code, amendment to IRC Section R105.2 |
| Delaware | DelegatedDelaware has no statewide building code. | none stated | 16 Del. C. 7601 |
| District of Columbia | Statedone and two family dwellings | 4 ft | How to Get a Permit |
| Florida | Stateda single-family or two-family residential dwelling or a townhouse | none stated | Fla. Stat. 553.79(1)(i) |
| Georgia | Delegatedone and two family dwellings and townhouses | none stated | Current State Minimum Codes for Construction |
| Hawaii | Statedbuildings under the Hawaii State Building Code, as each county adopts it | none stated | Hawaii State Building Code, amendment to IBC Section 2304.11, new Section 2304.11.4 |
| Idaho | Delegatedone and two family homes | none stated | IDAPA 24.39.30.004.03 |
| Illinois | Delegatednew residential construction | none stated | 815 ILCS 670/15 |
| Indiana | Delegatedone and two family homes | none stated | IC 22-13-2-2 |
| Iowa | Delegatedone and two family homes and townhouses up to three stories, and their accessory structures | none stated | Iowa Admin. Code 481-301.8 |
| Kansas | Delegatedcities and counties that adopt a building code | none stated | K.S.A. 12-3302 |
| Kentucky | Delegatedsingle family homes, two family homes, and townhouses | none stated | 815 KAR 7:125 Section 2(1) |
| Louisiana | Delegatedone and two family homes and townhouses | none stated | La. R.S. 40:1730.28(A)(3)(a) |
| Maine | Statedone and two family homes in Maine | 4 ft | 16-642 CMR ch. 5, Section 5(12), revisions to IRC Section R105.2 |
| Maryland | Delegatedone and two family homes under the International Residential Code, and other buildings under the International Building Code | none stated | COMAR 09.12.51.04 |
| Massachusetts | Statedone and two family homes and townhouses up to three stories | 4 ft | 780 CMR 51.00, R105.2 |
| Michigan | Statedone and two family homes and townhouses under the Michigan residential code | 4 ft | R 408.30505 |
| Minnesota | Statedwork covered by the Minnesota State Building Code | 4 ft | Minn. R. 1300.0120, subp. 4 |
| Mississippi | DelegatedMississippi keeps no retaining wall rule of its own. | none stated | Miss. S.B. 2378 (2014), Section 1(1)(b) |
| Missouri | DelegatedMissouri writes no retaining wall rule into state law. | none stated | RSMo 67.280.2 |
| Montana | DelegatedMontana does not print a retaining wall rule in state law. | none stated | Current Codes, All Building Codes Adopted by Montana |
| Nebraska | DelegatedNebraska has a statewide building code and it is a list of model books rather than text written in Lincoln. | none stated | Neb. Rev. Stat. 71-6403(1)(b) |
| Nevada | DelegatedNevada runs no building code from the capital and writes no retaining wall rule. | none stated | NRS 278.580(1) |
| New Hampshire | DelegatedThe New Hampshire state building code is a list of model books taken in by reference, not text written in C... | none stated | RSA 155-A:1, IV |
| New Jersey | StatedNew Jersey writes its own retaining wall rule instead of leaning on the model code. | 4 ft | N.J.A.C. 5:23-2.14(g) |
| New Mexico | StatedNew Mexico replaces the model code test with a number of its own. | 36 in | 14.5.2.9(B)(3) NMAC |
| New York | DelegatedNew York runs one uniform code statewide, but the regulation does not print a retaining wall rule. | none stated | 19 NYCRR 1219.2(a)(8) |
| North Carolina | DelegatedNorth Carolina prints no retaining wall rule in its General Statutes. | none stated | N.C.G.S. 143-138(a) |
| North Dakota | DelegatedNorth Dakota keeps no retaining wall rule in the Century Code. | none stated | N.D.C.C. 54-21.3-03(1) |
| Ohio | Statedone, two and three family dwellings | 4 ft | OAC 4101:8-1-01, Section 102.10 |
| Oklahoma | DelegatedOklahoma writes no retaining wall rule of its own. | none stated | OAC 748:20-6-1(a) |
| Oregon | Statedone and two family dwellings | 4 ft | ORSC R101.2.2, item 2 |
| Pennsylvania | Statedresidential buildings | 4 ft | 34 Pa. Code 403.62(c)(2) |
| Rhode Island | Conditionalone and two family dwellings | none stated | 510-RICR-00-00-2, R105.2, Building item 3 |
| South Carolina | Delegatedone and two family dwellings | none stated | S.C. Code Ann. Regs. 8-1200 |
| South Dakota | Delegateddetached one and two family dwellings, townhouses up to three stories, and their accessory structures | none stated | SDCL 11-10-12 |
| Tennessee | Delegatedone and two family dwellings | none stated | Currently Adopted Codes, residential code |
| Texas | DelegatedTexas froze one edition of the model code into state law. | none stated | Tex. Loc. Gov't Code 214.212(a) |
| Utah | Statedone and two family dwellings | 4 ft | Utah Code 15A-3-202(5)(a) |
| Vermont | Delegatedpublic buildings as Title 20 defines them | none stated | Section 5, ICC International Building Code 2021 Edition |
| Virginia | StatedVirginia writes its own statewide code and sets a lower bar than the model code does. | 3 ft | 13VAC5-63-80 B, Section 108.2, item 7 |
| Washington | Delegatedone and two family dwellings | none stated | WAC 51-51-003 |
| West Virginia | Delegatedone and two family dwellings in counties and cities that adopted the State Building Code | none stated | W. Va. C.S.R. 87-4-4.1.h |
| Wisconsin | Silentone and two family dwellings | none stated | Wis. Admin. Code ch. SPS 320 |
| Wyoming | DelegatedWyoming adopts no residential building code statewide. | none stated | W.S. 16-13-101(a)(ii) |
The other nine questions
A fence rule usually turns on more than one of these, and the answer to one does not settle another.
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and each state page carries the date its documents were read. How findings are made · What the terms mean · Browse by state