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Burleson, TX Fence Regulations: Retaining Walls (2026)

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

Key Facts

Height line
Not over 4 feet, footing bottom to top of wall
Where height is taken
At the highest point of the wall
Listed exceptions
Supporting a surcharge or impounding Class I, II, or IIIA liquids
Stormwater rule
No exemption for a retaining wall (§ 82-169(f)(6))
Pool depth ratio near a wall footing
1:1 from the footing of a retaining wall
Appeals body
Building Codes and Standards Board (§ 10-79)

Summary

In the City of Burleson, Texas, the Section 105.2 amendment in § 10-142 lists retaining walls not over 4 feet in height, measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids. Stormwater rules in § 82-169 give retaining walls no exemption.

Section 105.2; under sub-title entitled "Building" amend, delete and re-number as follows: ... 4. 3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, at the highest point of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids. ... (f) Non-applicability of section provisions.The requirements of this section shall not apply to any of the following activities: ... (6) Construction of a fence, but no exemption is granted by this subsection for construction of a retaining wall or a fence that may significantly obstruct or change the direction of flow of water.

Full Breakdown

The City of Burleson amends IBC Section 105.2 in § 10-142 with a list under the subtitle Building, and one item reads: retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, at the highest point of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids. The measurement runs from the footing, so buried height counts, and the highest point of the wall controls. The companion residential amendment in § 10-172(3) is titled "R105.2 Work exempt from permit", and that is the list the Burleson amendment re-numbers for building code work.

Stormwater is a separate gate. Section 82-169 covers management plan submittal and review for stormwater discharges from construction activity, and subsection (f) lists activities outside its requirements. Item (6) exempts construction of a fence, but states that no exemption is granted for construction of a retaining wall or a fence that may significantly obstruct or change the direction of flow of water. Under § 82-169(d), the city can deny approval of any building permit, grading permit, or other city approval needed to commence or continue construction, or to assume occupancy, if the erosion and sediment management practices are inadequate.

Retaining walls also show up in pool rules. The IRC amendments in § 10-172 print that the depth of a swimming pool and spa shall maintain a ratio of 1:1 from the nearest building foundation or footing of a retaining wall. Section 10-142 also deletes IBC Section 113 Board of Appeals, and appeals of the building official's decisions go to the Building Codes and Standards Board under § 10-79, which has no authority over the administrative provisions of the codes and cannot waive requirements.

Violations & Fines

Under § 82-169(c), the director can issue an order prohibiting the commencement or continuation of any construction activity at a site, as a compliance order under § 82-178, an emergency cease and desist order under § 82-180, or a stop work order under § 82-181. Section 109.7, added by § 10-142, allows a re-inspection fee set by city council resolution when a job site is red-tagged twice for the same item or the original red tag is removed, and the fee must be paid before more inspections are made.

Frequently Asked Questions

What retaining wall height does Burleson's building code amendment address?
Section 10-142 amends Section 105.2 with an item for retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, at the highest point of the wall. The item does not cover walls supporting a surcharge or impounding Class I, II, or IIIA liquids.
Is a retaining wall exempt from Burleson's stormwater construction rules?
No. Section 82-169(f)(6) exempts construction of a fence from the management plan requirements but states that no exemption is granted for construction of a retaining wall or a fence that may significantly obstruct or change the direction of flow of water. The city can deny a building permit if erosion and sediment practices are inadequate.
Where in Burleson is retaining wall height measured?
The § 10-142 item measures height from the bottom of the footing to the top of the wall, at the highest point of the wall. That means the buried footing counts toward the 4 feet in the printed line, and a wall that steps up is measured at its highest point rather than at an average.
Who hears appeals of a Burleson building official decision?
Section 10-142 deletes IBC Section 113 Board of Appeals, and § 10-79 charges the Building Codes and Standards Board with hearing and deciding appeals of the building official's orders on the technical provisions of the adopted codes. The board has no authority over the administrative provisions and cannot waive any code requirement.

Sources & Official References

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