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Berkeley, CA Fence Regulations: Retaining Walls (2026)

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

Key Facts

Permit-exempt height
4 feet or less, footing to top of wall
Exceptions to exemption
Walls with surcharge loads or Class I-IIIA liquids
Enforcing agency
Building and Safety Division
Unpermitted work penalty
Double the normal permit fee
Definition source
BMC Section 23.502.020, Zoning Defined Terms

Summary

A retaining wall in Berkeley needs a building permit once it rises above 4 feet, measured from the bottom of the footing to the top of the wall, or once it holds back a surcharge load or impounds Class I, II, or IIIA liquids regardless of height. Berkeley Municipal Code Section 19.28.020 sets that exemption threshold, and the Building and Safety Division reviews and issues the permit.

105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: ...

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall supporting a surcharge or impounding Class I, II or IIIA liquids.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).

Full Breakdown

2 list of work exempt from a building permit. Item 4 on that list exempts retaining walls that stay at or under 4 feet, measured from the bottom of the footing to the top of the wall, from having to pull a permit, as long as the wall isn't built to hold back a surcharge load or to impound Class I, II, or IIIA liquids; a wall doing either of those jobs needs a permit regardless of its height. 3 process used for any other building permit: a written application, construction documents, a stated valuation, and the applicant's signature.

020, define a retaining wall as a wall designed to contain and resist the lateral displacement of soil where that soil sits at a higher elevation on one side of the wall, the same definition used when the Zoning Ordinance regulates where such walls can sit relative to setbacks and lot lines. Because the exemption is measured off the footing rather than the visible face, a wall that looks short from the low side can still cross the 4-foot line once the buried footing depth is counted, and owners near the threshold should confirm the measurement with the Division before skipping the permit.

Violations & Fines

Building or extending a retaining wall past the 4-foot exemption line without first pulling a permit exposes the owner to Berkeley's standard unpermitted-work penalty: a fee equal to double the normal permit cost, on top of the permit fee itself, under Berkeley Municipal Code Section 19.28.020 (California Building Code Section 109.4). The Building and Safety Division can also require the wall be opened up or engineered documentation supplied after the fact to confirm it meets the Code.

Frequently Asked Questions

Do I need a permit for a short retaining wall in Berkeley?
Not if it's 4 feet or less, measured from the bottom of the footing to the top of the wall, and it isn't built to hold back a surcharge load or impound Class I, II, or IIIA liquids. Berkeley Municipal Code Section 19.28.020 exempts that specific combination from permitting; anything taller, or any wall carrying those loads regardless of height, needs a permit from the Building and Safety Division.
How is retaining wall height measured for the permit exemption?
From the bottom of the wall's footing to the top of the wall, not from the visible grade on the low side. A wall with a deep buried footing can exceed the 4-foot exemption even if it looks shorter from the yard, which is why the Building and Safety Division asks for the footing depth on any wall near the threshold.
What happens if I build a tall retaining wall without a permit?
Berkeley charges double the normal permit fee for any building, electrical, gas, mechanical, or plumbing work started before a permit issues, under Section 19.28.020's adoption of California Building Code Section 109.4. The Building and Safety Division can also require the wall be inspected or documented retroactively to confirm it meets code.

Sources & Official References

Other rules in Berkeley

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