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Broomfield, CO Fence Regulations: Retaining Walls (2026)

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

Key Facts

No permit needed
Wall 3 ft or less, footing to top
Permit still required if
Wall supports a surcharge
Height measured from
Bottom of footing
Grading permit
Separate, City/County Engineering
Issuing office
Division of Building Safety

Summary

Broomfield exempts retaining walls of three feet or less, measured from the bottom of the footing to the top, from needing a building permit, unless the wall supports a surcharge or impounds flammable liquids. Taller walls, or any wall carrying extra load, require a permit and city review.

(B)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: 1.Retaining walls that are three feet (1,219 mm) or less in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids.

Full Breakdown

Section 15-03-070(B), B.M.C. lists work exempt from the building permit requirement, and item 1 under the 'Building' category exempts 'retaining walls that are three feet (1,219 mm) or less in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids.' That measurement runs from the footing, not from finished grade, so a wall with a deeper footing counts taller than it looks above ground. The surcharge carve-out means even a short wall needs a permit if it bears extra load, such as a driveway, patio, or structure built above it.

Any retaining wall over three feet, or a shorter wall with a surcharge or flammable-liquid load, requires an application to the building official under section 15-03-070(A), review of construction documents and, where the building official requires it, an engineered design (15-03-080). The permit is reviewed and issued by the Division of Building Safety and Inspection Services (15-03-050), and lapses if work is not started within 180 days or is suspended that long (15-03-070(E)). Site grading around a retaining wall is regulated separately: Broomfield's local Appendix J112 amendment requires 'all grading' to secure a permit from the City and County Engineering Department (J112.3.1), on top of any building permit for the wall itself.

Violations & Fines

Building a retaining wall over three feet, or a shorter surcharge-bearing wall, without a permit is a violation subject to the general penalty schedule in chapter 1-12, B.M.C., and the building official may issue a stop work order to halt construction immediately. Failing to secure the required grading permit for associated site work is a separate violation enforceable by the City and County Engineering Department.

Frequently Asked Questions

Does a short retaining wall in Broomfield need a permit?
Not if it is three feet or less measured from the bottom of the footing to the top of the wall, per section 15-03-070(B), Building item 1. It still needs a permit if it supports a surcharge, such as a driveway above it, or impounds flammable liquids.
How is retaining wall height measured in Broomfield?
From the bottom of the wall's footing to the top of the wall, not from the finished ground surface, which means a wall with a buried footing can trigger the permit requirement sooner than it visually appears to.
Do I need a separate grading permit for a retaining wall project?
Yes, potentially. Local Appendix J112 requires all grading to secure a permit from the City and County Engineering Department, which is separate from any building permit needed for the wall itself.
What if my retaining wall is under three feet but holds up a driveway?
A permit is still required. The three-foot exemption in section 15-03-070(B) does not apply to a wall supporting a surcharge, which includes extra load from structures, driveways or fill placed above it.

Sources & Official References

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