Bannock County, ID Fence Regulations: Retaining Walls (2026)
Key Facts
- Governing chapter
- Flood Damage Prevention Ordinance, Title 14.04
- Trigger section
- Bannock County Code § 14.04.210(J)(2)
- Floodway standard
- No-rise certification or FEMA CLOMR, § 14.04.240(A)
- Enforcer
- County floodplain administrator
- Corrective order window
- 60 to 180 days to fix violation
- Appeal deadline
- 10 days to Bannock County Commissioners
- Penalty
- Misdemeanor for stop-work order violation
Summary
In unincorporated Bannock County, a retaining wall that places fill inside a mapped regulatory floodway counts as floodway development under the county's flood damage prevention ordinance. Section 14.04.210(J)(2) routes retaining walls, bulkheads, sidewalks and driveways straight to the floodway standards of Section 14.04.240, which forbid new fill or construction unless an engineer certifies no rise in flood levels or FEMA approves a map revision first.
2.Retaining walls, bulkheads, sidewalks, and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 14.04.240 of this chapter. ... A.No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless:1.It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the floodplain administrator prior to issuance of floodplain development permit; or2.A conditional letter of map revision (CLOMR) has been approved by FEMA.
Full Breakdown
The Bannock County Board of County Commissioners administers this standard through the floodplain administrator, a role assigned jointly to the County Engineer and the planning and development director under Section 14.04.150. Before a homeowner or contractor builds a retaining wall in a designated special flood hazard area, Section 14.04.170 requires a floodplain development permit application that includes a plot plan showing the boundary of the floodway and the base flood elevation. If the wall sits inside the regulated floodway itself, Section 14.04.210(J)(2) sends the project to the tougher floodway test in Section 14.04.240(A): no encroachment, including fill placed for a retaining wall, is allowed unless a registered professional engineer certifies through hydrologic and hydraulic analysis that the wall will not raise base flood levels, or unless FEMA has approved a conditional letter of map revision.
Outside the floodway but still within the special flood hazard area, the general standards of Section 14.04.200 still apply, requiring flood-resistant materials and anchoring against flotation and lateral movement. If the floodplain administrator finds a retaining wall built without the required permit or certification, Section 14.04.180 requires written notice to the owner, a hearing within ten days, and a corrective order giving sixty to one hundred eighty days to remedy the violation, shortened if there is imminent danger to life or property. An owner may appeal a corrective order to the Bannock County Commissioners within ten days of the order; without an appeal, the floodplain administrator's order becomes final.
Violations & Fines
Building or filling for a retaining wall in a regulated floodway without the Section 14.04.240 no-rise certification or FEMA map revision violates the flood damage prevention ordinance. The floodplain administrator can issue a stop-work order under Section 14.04.160(P) and a corrective order under Section 14.04.180. Failing to comply with a final corrective order, after any appeal to the Bannock County Commissioners, is a misdemeanor punishable at the discretion of the court.
Frequently Asked Questions
Do I need a permit for a retaining wall in unincorporated Bannock County?
What extra rule applies to retaining walls placed inside the floodway itself?
What happens if a retaining wall is built without the required certification?
Who enforces the floodway retaining wall rule in Bannock County?
Sources & Official References
Other rules in Bannock County
Compare Bannock County to another location·View the Idaho fence regulations overview
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