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Brooklyn Park, MN Fence Regulations: Retaining Walls (2026)

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

Key Facts

Critical Area Overlay wall height cap
5 feet
Minimum spacing between walls
10 feet
Drainage rule
no blocking flow to abutting lots
Easement placement
prohibited
Nonresidential wall approval
City Manager sign-off before permit

Summary

Retaining walls citywide cannot block drainage to neighboring properties or sit inside an easement under City Code § 152.1010(A)(1), and nonresidential walls must be anchored to the Minnesota Building Code under § 152.1010(C)(2). Inside the Mississippi River Critical Area Overlay's bluff and water quality zones, § 152.802 further caps erosion-control retaining walls at five feet in height, spaced at least ten feet apart.

a. Retaining walls must not exceed five feet in height and must be placed a minimum horizontal distance of ten feet apart; ... (1) Fences or walls which detain or inhibit the flow of surface water drainage to and from abutting properties are prohibited. Retaining walls are prohibited from being placed in easements. ... (2) ... All fences must be constructed of durable, weather resistant materials and properly constructed and anchored in compliance with the Minnesota Building Code.

Full Breakdown

Brooklyn Park regulates retaining walls in two places. 1010(A)(1) bars any retaining wall from detaining or inhibiting the natural flow of surface water drainage between properties, and separately prohibits placing a retaining wall inside an easement, a rule that reaches every lot in the city regardless of zoning district. 1010(C)(4)(b) requires the City Manager to approve the wall before a building permit issues. 802(J)(3)(b), a retaining wall built there to correct an established erosion problem cannot exceed five feet in height and must be spaced at least ten feet from the next one, unless a professional engineer certifies that a taller wall is needed to fix the erosion.

Any work at or below the ordinary high water level in that overlay also needs sign-off from the state Commissioner under Minn. 0216 before construction proceeds, on top of the city's own land alteration permit.

Violations & Fines

A retaining wall that blocks drainage, sits in an easement, or exceeds the five-foot critical-area cap without engineering justification is a city code violation subject to an administrative citation. § 37.03 sets a civil penalty of up to $2,000 per day of violation, with 14 days under § 37.04 to pay the scheduled fine or request a hearing before a 10% late fee applies.

Frequently Asked Questions

Is there a height limit on retaining walls in Brooklyn Park?
A specific five-foot cap applies only inside the Mississippi River Critical Area Overlay's bluff and water quality impact zones under § 152.802(J)(3)(b), where erosion-control walls also must be spaced at least ten feet apart unless a professional engineer certifies a taller wall is needed.
Can I build a retaining wall that changes drainage onto my neighbor's yard?
No. § 152.1010(A)(1) prohibits any fence or wall, including a retaining wall, that detains or inhibits the natural flow of surface water drainage to or from an abutting property, and retaining walls cannot be placed inside an easement.
Do commercial retaining walls need city approval?
Yes. Under § 152.1010(C)(2) and (C)(4)(b), a nonresidential or mixed-use retaining wall must be built to Minnesota Building Code standards and approved by the City Manager before a building permit is issued.

Sources & Official References

Other rules in Brooklyn Park

All Brooklyn Park rules

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