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Calvert County, MD Fence Regulations: Retaining Walls (2026)

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

Key Facts

Permit trigger
Retaining walls 3 feet or taller
Permit office
Inspections and Permits, per § 104-66B(1)
Design requirement
Drawings sealed by a Maryland structural engineer
Bond for non-residential walls
125% of construction cost
Setback from travel way
6 feet minimum, § 104-66D(2)
Corrosion design zone
Within 12 feet of curbline or pavement
Fine schedule
$250 to $1,000 per violation, § 104-9

Summary

In unincorporated Calvert County, § 104-66 requires a building permit from Inspections and Permits for any retaining wall three feet or taller, engineered drawings sealed by a Maryland structural engineer, and the Director's approval before building or keeping a wall in or near a county road right-of-way.

These county ordinances apply to unincorporated areas of Calvert County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 104-66. Retaining walls supporting any infrastructure and embankments. A. General. (1) A building permit is required for the construction or replacement of any retaining wall three feet or greater in height. (2) Retaining walls of any height are strongly discouraged within a right-of-way as well as those adjacent to a right-of-way in cases where the structural integrity of the roadway may be compromised as a result of a failure of the retaining wall, unless otherwise approved in writing by the Director. ... B. Permit. ... (1) Building permits shall be obtained from Inspections and Permits for all retaining walls as noted in § 104-66A(1). ... (3) In cases where the building permit for the retaining wall is not associated with the construction of a residence, a bond shall be required in an amount equal to 125% of the cost of construction, as approved by the Director.

Full Breakdown

Chapter 104's § 104-66 treats retaining walls as infrastructure the county's Department of Public Works has to sign off on wherever they touch a road right-of-way. Under § 104-66A(1), any retaining wall three feet or greater in height needs a building permit for construction or replacement, obtained from Inspections and Permits per § 104-66B(1). The county strongly discourages walls of any height inside or next to a right-of-way where a wall failure could compromise the roadway, unless the Director approves in writing, and an existing wall in a right-of-way or easement can be ordered removed or modified if the Director finds it creates a safety hazard, obstructs vision, alters stormwater or storm drainage function, or hinders maintenance work under § 104-66A(2)-(3).

Design submittals under § 104-66C must include design drawings, specifications, an engineer's report, and a geotechnical report, all signed and sealed by a licensed structural engineer registered in Maryland, covering wall stationing, layout, elevations, and a step-by-step construction sequence. When the wall permit is not tied to building a residence, § 104-66B(3) requires a bond equal to 125% of the construction cost, set by the Director. Additional siting rules in § 104-66D keep walls at least six feet back from the edge of the travel way or paved shoulder, require fence or railing systems on walls inside a right-of-way, and require corrosion-resistant design for any wall within 12 feet of the curbline or pavement edge. As-built plans are required once a road-related wall is finished.

Violations & Fines

Because § 104-66 sits in Chapter 104, an unpermitted or hazardous retaining wall is enforced under § 104-9: the Department can issue a written notice of noncompliance and, if it is not corrected, a civil citation with a $250 fine for a first violation, $500 for a second, $750 for a third, and $1,000 for each one after that, with every uncorrected day a separate violation. The Director can also order an existing wall in a right-of-way removed or modified under § 104-66A(3) if it becomes a safety hazard.

Frequently Asked Questions

Does Calvert County require a permit for a retaining wall?
Yes, if the wall is three feet or greater in height. Section 104-66A(1) requires a building permit for construction or replacement of any such wall, obtained from Inspections and Permits under § 104-66B(1), with design drawings sealed by a licensed structural engineer registered in Maryland submitted as part of the application.
Can I build a retaining wall inside the road right-of-way?
The county strongly discourages it. Section 104-66A(2) disfavors retaining walls of any height within or adjacent to a right-of-way where a failure could compromise the roadway, unless the Director approves the design in writing, and walls that are allowed there must include fence or railing systems meeting state and federal safety standards under § 104-66D(4).
Is a bond required for a retaining wall permit?
Only when the wall is not built alongside a new residence. Section 104-66B(3) requires a bond equal to 125% of the estimated construction cost, in an amount the Director approves, for retaining wall permits that stand apart from residential construction.
What can the county do about an existing wall that becomes unsafe?
Section 104-66A(3) lets the Director order removal or modification of an existing retaining wall in a right-of-way or easement if it poses a safety hazard, obstructs vision, alters stormwater or drainage function, or hinders maintenance work, regardless of when the wall was originally built or permitted.

Sources & Official References

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