Pitt County, NC Fence Regulations: Retaining Walls (2026)
Key Facts
- Governing chapter
- Flood Damage Prevention Ordinance §§ 20(J)(2), 23
- Trigger
- Fill placed for wall in regulated floodway/NEA
- Required proof
- Engineer's no-rise hydrologic/hydraulic analysis
- Alternative proof
- FEMA CLOMR before, LOMR after construction
- Enforcing official
- Floodplain Administrator (Planning Director)
- Maximum penalty
- $100 fine and/or 30 days, Class 1 misdemeanor
Summary
In Pitt County's regulated floodways and non-encroachment areas, a retaining wall that involves placing fill must meet Section 23's no-rise standard: an engineer must certify it will not raise flood levels, or FEMA must issue a map revision, before the Floodplain Administrator issues a permit.
2. Retaining walls, sidewalks and driveways in regulated floodways and NEAs. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 23 of this Ordinance. ... Section 23. Floodways and Non-Encroachment Areas ... shall apply to all development within such areas: 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, or 2. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment.
Full Breakdown
Pitt County's Flood Damage Prevention Ordinance treats retaining walls as regulated "development" wherever they sit inside a mapped floodway or non-encroachment area (NEA), defined as the channel of a river or watercourse plus the adjacent land needed to carry the base flood without a significant rise. Section 20(J)(2) folds retaining walls in with sidewalks and driveways: any of the three that involves placing fill within a regulated floodway must satisfy Section 23's encroachment limits, not just the general elevation rules in Section 19 and Section 20.
Section 23(A) sets the actual test. No fill, new construction, substantial improvement or other development in a floodway or NEA is allowed unless one of two things happens first: a registered professional engineer performs hydrologic and hydraulic analysis under standard engineering practice showing the wall will cause no increase in base flood levels, and that analysis is presented to the Floodplain Administrator before a floodplain development permit is issued; or the county obtains a Conditional Letter of Map Revision (CLOMR) from FEMA before construction, followed by a Letter of Map Revision (LOMR) once the wall is built.
The Floodplain Administrator is the Planning Director or a designee (Section 14), and a Floodplain Development Permit is required before any development activity begins in a Special Flood Hazard Area (Section 8). Outside mapped floodways and NEAs, this ordinance's retaining-wall trigger does not apply; retaining walls elsewhere in the unincorporated county fall under whatever general zoning and building-permit rules govern the parcel, not this floodway standard.
Violations & Fines
Building or filling for a retaining wall in a regulated floodway or NEA without the required no-rise engineering certification or FEMA CLOMR/LOMR is a violation of the Flood Damage Prevention Ordinance. Under Section 13, violating any provision of the ordinance, including conditions attached to a variance, is a Class 1 misdemeanor under N.C.G.S. § 143-215.58, punishable on conviction by a fine of not more than $100 or imprisonment of not more than 30 days, or both. Each day the violation continues counts as a separate offense, and the county can also pursue other lawful remedies, including permit revocation and stop-work orders, alongside criminal prosecution.
Frequently Asked Questions
Does every retaining wall in Pitt County need an engineer's certification?
What proof does the Floodplain Administrator require before permitting a floodway retaining wall?
What happens if someone builds a floodway retaining wall without the required certification?
Sources & Official References
Other rules in Pitt County
Compare Pitt County to another location·View the North Carolina fence regulations overview
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