El Paso County, CO Fence Regulations: Retaining Walls (2026)
Key Facts
- Permit trigger
- over 4 feet, or any surcharge
- Over 7 feet
- accessory structure setbacks apply
- Permit issuer
- El Paso County Building Dept
- Timing allowed
- before principal use established
Summary
Retaining walls over 4 feet tall, or any wall that retains a surcharge, need a building permit in unincorporated El Paso County; walls over 7 feet are treated as accessory structures.
A building permit is required for a retaining wall that retains a surcharge.
(2) Building Permit Required for Retaining Walls Over 4 Feet High. A building permit is required for a retaining wall greater than 4 feet in height.
(3) Retaining Walls 7 Feet High Considered Accessory Structure. A retaining wall over 7 feet in height is considered an accessory structure and shall meet the accessory structure setback requirements. If no accessory structure setbacks are established by this Code, the principal structure setbacks are applicable.
(4) Established Prior to Principal use. A retaining wall, when necessary for development, may be established prior to the principal use.
(Res. No. 15-503, Exh. A, 12-15-2015; Res. No. 16-164, 5-17-2016; Res. No. 17-374 , Exh. A, 12-12-2017; Res. No. 18-334 , Exh. A, 8-14-2018; Res. No. 19-330 , Exh. A, 8-27-2019; Res. No. 24-76 , Exh. A, 2-8-2024)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Land Development Code: Supplement 3 | Drainage Criteria Manual: Publication | Engineering Criteria Manual: Supplement 3 | Ordinances: Reformat).
Full Breakdown
LDC § 6.2.1(I) requires a building permit for any retaining wall that retains a surcharge, and separately for any retaining wall greater than 4 feet in height. A retaining wall over 7 feet is considered an accessory structure and must meet the same accessory-structure setbacks as other structures on the lot, or the principal-structure setbacks if none are established. A retaining wall may be built ahead of the principal use when development requires it.
Violations & Fines
An unpermitted retaining wall over 4 feet, or one retaining a surcharge, can draw a PCD notice of violation with 14 days to correct it under LDC § 11.3.2.
Frequently Asked Questions
Do I need a permit for a retaining wall in El Paso County?
Are extra-tall retaining walls treated differently?
Sources & Official References
Other rules in El Paso County
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