In unincorporated Kern County, a retaining wall needs a building permit if it is over 4 feet tall measured from the bottom of the footing to the top of the wall, or if it supports a surcharge or impounds Class I, II, or III-A liquids at any height. The retaining portion of a wall does not count toward the county's zoning height limits for fences and walls.
Kern County Ordinance Code Section 17.08.060 (Kern County Building Code) amends California Building Code Section 105.2 so that retaining walls not over 4 feet (1219 mm) in height, measured from the bottom of the footing to the top of the wall, are exempt from a building permit. The exemption does not apply to walls supporting a surcharge (such as a sloped backfill, driveway, or structure above) or impounding Class I, II, or III-A liquids. Walls retaining soils within a 2:1 (horizontal to vertical) slope of the lowest finished grade at the property line must be built from masonry or concrete at least 6 inches in nominal thickness unless a permitted or otherwise exempt retaining wall protects the property line; the building official may approve other materials case by case. The parallel residential provision is Section 17.06.051 (Kern County Residential Code, amending CRC Section R105.2). For zoning purposes, Kern County Zoning Ordinance Section 19.08.210(C) measures fence and wall height from the finished interior grade and excludes the portion of a wall functioning as a retaining wall from the overall fence or wall height. Permits are issued by Kern County Public Works, Building and Development, through the county's Accela online permitting system.
Building a retaining wall that requires a permit without one is a violation of the Kern County Building Code and can result in a stop-work order and code-enforcement action; the owner may have to obtain a permit retroactively (typically with engineering for the as-built wall) or remove the wall. A non-exempt wall along a property line that does not meet the 6-inch masonry or concrete standard can also be required to be corrected.
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