Albany, OR Fence Regulations: Retaining Walls (2026)
Key Facts
- Height trigger
- Over 4 feet (1,219 mm), footing bottom to wall top
- Surcharge trigger
- Any retaining wall supporting a surcharge
- Permit office
- City of Albany Building Division
- Code section
- Albany Municipal Code § 18.04.040(3)
- Permit lifespan
- 36 months; 180 days if work not started
- First-offense penalty
- Civil penalty up to $1,000 per violation
Summary
In the City of Albany, Oregon, a retaining wall over 4 feet high, measured from the bottom of the footing to the top of the wall, or any retaining wall supporting a surcharge, must be permitted and inspected under Title 18 and the Oregon Building Code. Albany Municipal Code § 18.04.040(3) sets the rule.
Pursuant to ORS 455.020(4) and adopted by local ordinance, the scope of the Oregon Building Code has been amended to include the following local requirements and shall be permitted and inspected pursuant to this title and the Oregon Building Code. ... (3) Retaining walls that are over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall or any retaining wall supporting a surcharge.
Full Breakdown
Albany adds retaining walls to the scope of its building regulations through section 18.04.040. Under ORS 455.020(4) the city amended the scope of the Oregon Building Code to include local requirements, and the section says those items "shall be permitted and inspected pursuant to this title and the Oregon Building Code." Paragraph (3) covers retaining walls over 4 feet (1,219 mm) in height, measured from the bottom of the footing to the top of the wall, and any retaining wall supporting a surcharge. The measurement runs from the footing, not from finished grade, so buried footing depth counts toward the 4 feet. A wall of any height that carries a surcharge is caught even if it is shorter.
The permit process is the general one in Chapter 18.06. Section 18.06.020 requires the applicant to apply to the City of Albany Building Division, describe the work, give the legal description or street address, state the use, and attach plans, diagrams, calculations, and specifications as the building official requires. Under section 18.06.030 the building official can require plans, computations, and specifications to be prepared by an engineer or architect licensed by the state as state law requires, and can ask the applicant to show that state law does not require a licensed designer. Section 18.04.100 lets the building official require tests or engineering reports as proof of compliance, at no expense to the city.
Once a permit issues, section 18.08.010 keeps the work accessible and exposed until the building official approves it, and section 18.08.080 bars work beyond each inspection point without approval. Section 18.06.090 makes a permit expire 36 months after issuance, or 180 days after issuance if work has not started, or when 180 consecutive days pass without a required inspection.
Section 18.04.060(3) adds that nothing in Title 18 permits a use of land or structure that is not in accordance with the Albany Development Code, so a wall still has to satisfy the city's separate zoning rules.
Violations & Fines
Building a wall that needs a permit without one triggers an investigation under section 18.06.100, with an investigation fee in addition to the permit fee, and the building official can issue a stop work order under section 18.10.060. Section 18.10.210 sets civil penalties for a first offense of up to $1,000 per violation, $2,500 for a second offense within 3 years, and $5,000 for later offenses, plus up to $1,000 per day for continued violations.
Frequently Asked Questions
How is retaining wall height measured in Albany, Oregon?
Does a short retaining wall ever need a permit in the City of Albany, Oregon?
Will Albany require an engineer for a retaining wall?
What if a wall was built without a permit in Albany?
Sources & Official References
Other rules in Albany
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