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Bannock County, ID Fence Regulations: Retaining Walls (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

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

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?
Only if the wall sits within a mapped special flood hazard area or regulated floodway. Section 14.04.170 requires a floodplain development permit application with a plot plan before any development begins there; retaining walls outside those mapped zones are not covered by this flood ordinance.
What extra rule applies to retaining walls placed inside the floodway itself?
Section 14.04.210(J)(2) sends retaining walls, bulkheads, sidewalks and driveways involving fill to the floodway limits in Section 14.04.240(A), which bars the fill unless a professional engineer certifies no increase in base flood levels or FEMA approves a conditional letter of map revision first.
What happens if a retaining wall is built without the required certification?
The floodplain administrator can issue a written notice of violation, hold a hearing, and order the wall altered, vacated, or the fill removed under Section 14.04.180. The order sets 60 to 180 days to comply, shorter if there is imminent danger, and can be appealed to the Bannock County Commissioners within 10 days.
Who enforces the floodway retaining wall rule in Bannock County?
The floodplain administrator, a duty assigned to the Bannock County Engineer and the planning and development director under Section 14.04.150, reviews applications, inspects work in progress, and can issue stop-work orders; violating a stop-work order is a misdemeanor under Section 14.04.160(P).

Sources & Official References

Other rules in Bannock County

All Bannock County rules

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