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Council Bluffs, IA 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
Exemption void if
Wall supports a surcharge or holds flammable liquids
Permitted wall fee
Based on valuation, CBMC Section 2.08.040
Permit issuer
Council Bluffs building official
Measurement point
Bottom of footing to top of wall

Summary

The City of Council Bluffs exempts a retaining wall from needing a building permit only if it stands four feet or less, measured from the bottom of the footing to the top of the wall, and does not support a surcharge or impound flammable liquids, under Council Bluffs Municipal Code Section 13.01.301. Any taller or load-bearing wall needs a permit priced by valuation under Section 2.08.040.

Retaining wall Based on valuation ... Permits Required. Except as specified in CBMC 13.01.301 Paragraph B, no building, structure or building service equipment regulated by this code and the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the building official. ... Retaining walls which are not over four feet (1,219 mm) 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

Council Bluffs Municipal Code Section 13.01.301, Permits, lists retaining walls among the specific items exempt from the general rule that no building, structure or building service equipment may be erected, altered or repaired without a permit from the building official. The exemption is narrow: it covers only retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. A wall taller than four feet, or a wall of any height that holds back a surcharge load such as a driveway, parking area or sloped fill above the wall, or that impounds flammable liquids, falls back under the general permit requirement and needs building-official sign-off before construction.

For walls that require a permit, the city's Schedule of Fees, Section 2.08.040, does not charge a flat dollar amount the way it does for a fence or a deck; instead the Retaining wall line item in the fee table is priced Based on valuation, meaning the fee follows the same valuation-based sliding scale the schedule sets out for general building permits, from $23.50 for very low-value work up to $5,608.75 plus $3.95 per additional $1,000.00 for projects valued at $1,000,000.00 and above. Because the exemption is measured from the footing, not from finished grade, a wall that looks short above ground can still exceed the four-foot threshold once the buried footing is counted, so a property owner needs to measure the whole assembly before assuming no permit is required.

Violations & Fines

CBMC 13.01.206, Violations, makes it unlawful to erect, construct, alter or repair any structure, including a retaining wall that exceeds the four-foot exemption, in violation of the building code and its technical codes. A wall built over four feet, or one supporting a surcharge or impounding flammable liquids, without first obtaining a permit priced under Section 2.08.040's valuation-based schedule exposes the builder or property owner to enforcement under that section.

Frequently Asked Questions

Do I need a permit for a retaining wall in Council Bluffs?
Only if it is taller than four feet measured from the bottom of the footing to the top of the wall, or if it supports a surcharge load or impounds flammable liquids. Council Bluffs Municipal Code Section 13.01.301 exempts shorter, unloaded retaining walls from the city's building permit requirement.
How much does a Council Bluffs retaining wall permit cost?
The city's Schedule of Fees, Section 2.08.040, prices a retaining wall permit Based on valuation rather than a flat rate, following the same valuation table used for general building permits, so the fee rises with the wall's construction cost.
Does a short retaining wall ever still need a permit?
Yes. Even a wall under four feet loses its exemption under Section 13.01.301 if it supports a surcharge, such as fill, a driveway or a parking area above it, or if it impounds flammable liquids; either condition puts it back under the general building permit requirement.

Sources & Official References

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