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Douglas County, CO Fence Regulations: Retaining Walls (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit trigger
Retaining wall over 4 feet in height
Comparison
2 feet lower than the 6-foot fence trigger
Maintenance duty
Owner must repair or remove a hazardous wall
Governing section
Zoning Resolution § 1-715, Subsections 1 & 5
Cure period before penalty
10 days after written notice
Civil penalty range
$500-$1,000 plus $100/day continuing

Summary

A retaining wall in unincorporated Douglas County needs a county building permit once it passes four feet in height, two feet lower than the six-foot trigger for an ordinary fence or wall. § 1-715 also makes the landowner responsible for keeping any wall in sound structural condition and requires its repair or removal if it becomes a safety hazard.

These county ordinances apply to unincorporated areas of Douglas County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Fences, walls, or hedges shall not be erected in the public right-of-way, but shall be allowed within the setbacks, on private land. A building permit is required for any retaining wall greater than four feet in height or any fence or wall greater than six feet in height, or as required by the Building Code, as amended and adopted by Douglas County. ... Fences, walls or hedges shall be maintained in good structural or living condition. The landowner is responsible for the repair or removal of a fence, wall or hedge, which constitutes a safety hazard, by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, or which constitutes a zoning violation.

Full Breakdown

Douglas County Zoning Resolution § 1-715(1) sets a four-foot threshold for retaining walls, lower than the six-foot trigger that applies to an ordinary fence or wall, because a retaining wall holds back soil and carries a structural load the county's Building Code addresses directly; crossing four feet in height requires a building permit reviewed by the Douglas County Building Division against that code, not just the zoning height limit. Below four feet, a retaining wall can be built without a county permit, but § 1-715 still requires it to sit outside the public right-of-way and, if it stands within the setback that faces a street, keep to the four-foot solid-fence height ceiling that applies there as well.

Once built, § 1-715(5) makes upkeep the landowner's ongoing legal responsibility: the section requires every fence, wall, or hedge, retaining walls included, to be maintained in good structural condition, and puts the duty to repair or remove a failing wall squarely on the property owner whenever poor maintenance, dilapidation, obsolescence, or abandonment turns it into a safety hazard or a zoning violation. A wall built without the required permit, or left to deteriorate into a hazard, is enforced the same way as any other Zoning Resolution violation, through the notice-and-penalty process in §§ 1-113 through 1-115, and a homeowner seeking relief from the four-foot standard for a taller wall on a difficult lot can request an administrative adjustment or Board of Adjustment variance under §§ 1-2602 and 1-2604.

Violations & Fines

Building an unpermitted retaining wall over four feet, or letting any wall deteriorate into a safety hazard, is a Zoning Resolution violation under § 1-113. § 1-114 sets a $100 civil infraction plus a separate civil penalty of $500 to $1,000, with a continuing fine of up to $100 for each day the violation continues, and the county can pursue an injunction to force repair, removal, or permitting. § 1-115 requires Planning Services to give written notice and at least 10 days to correct the wall before penalties apply.

Frequently Asked Questions

At what height does a retaining wall need a permit in Douglas County?
Four feet. § 1-715(1) requires a county building permit for any retaining wall over four feet in height, a lower threshold than the six-foot trigger for an ordinary fence or wall, because retaining walls carry soil load and structural risk the Building Code addresses separately.
Who is responsible for fixing a failing retaining wall?
The landowner. § 1-715(5) makes the property owner responsible for repairing or removing any fence, wall, or hedge, including a retaining wall, that becomes a safety hazard because of inadequate maintenance, dilapidation, obsolescence, or abandonment, or that turns into a zoning violation, once it exists.
Can I build a retaining wall right on my property line?
Not in the public right-of-way. § 1-715(1) allows retaining walls within the required setback on private land, but bars erecting them in the right-of-way, and any wall inside a street-facing setback must still meet the four-foot solid-fence height ceiling that applies there.
What if my lot needs a retaining wall taller than 4 feet?
The four-foot line is a permit trigger, not an absolute cap: taller walls are allowed but must go through the Building Division's permit process against the adopted Building Code. A homeowner can also seek an administrative adjustment or Board of Adjustment variance under §§ 1-2602 and 1-2604 if the standard itself creates a hardship.

Sources & Official References

Other rules in Douglas County

All Douglas County rules

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