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Lee County, FL Fence Regulations: Retaining Walls (2026)

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

Key Facts

Permit trigger
Walls over 25 inches high
Waterfront setback
Five feet from mean high water
Height measured from
Existing elevation of abutting property
Grade deviation
Not allowed atop a retaining wall
Floodway fill
No increase in base flood elevation

Summary

A retaining wall over 25 inches high needs a building permit under the Land Development Code. On the water, a retaining wall must sit at least five feet back from the mean high water line.

City-specific rules exist: Fort Myers, and Cape Coral have their own retaining walls rules that differ from Lee County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

If a fence or wall is higher than 6 feet (excluding chain-link fences), provide blueprints/engineering plans that are signed and sealed by a Florida Registered Architect or Engineer. If the project is a wall, include: Footer detail; Re-bar; and How many courses of block will be utilized.

Source: Lee County Code of Ordinances & Land Development Code (Municode)View official code

Full Breakdown

The LDC treats retaining walls as walls. Sec. 34-1742(a) requires all fences and walls over 25 inches in height to comply with established building permit procedures, exempting only bona fide agricultural fencing and government conservation fencing. On waterfront lots, Sec. 26-75(c) requires retaining walls to be set back at least five feet from the mean high water line or landward of any wetland vegetation. Retaining walls that place fill in a regulated floodway must show no increase in the base flood elevation. Seawalls are handled separately under Sec. 34-1863.

Violations & Fines

Building a wall over 25 inches without following the building permit procedures violates the Land Development Code. In a regulatory floodway, fill for a retaining wall cannot be authorized unless the encroachment analysis shows no increase in base flood elevation.

Frequently Asked Questions

Do I need a permit for a retaining wall in Lee County?
If it stands over 25 inches high, yes. Sec. 34-1742(a) requires all fences and walls over 25 inches in height to comply with established building permit procedures.
Can I raise the grade with a retaining wall then add a tall fence?
No. Height is measured from the existing elevation of the abutting property, and the up-to-24-inch grade deviation is unavailable where the fence sits on a berm or retaining wall.

Sources & Official References

Other rules in Lee County

All Lee County rules

Florida rules heatmap·Compare Lee County to another location·View the Florida fence regulations overview

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Retaining Walls in Cities Across Lee County