Skagit County, WA Fence Regulations: Retaining Walls (2026)
Key Facts
- Exempt wall height
- 4 ft or less
- Height measured
- footing bottom to wall top
- Over 4 ft
- full zone setback + Title 15 permit
- Governing section
- SCC 14.28.040(1)(c)
- Civil penalty
- $100/day (SCC 14.09.330)
Summary
In unincorporated Skagit County, a retaining wall or rockery four feet in height or less, measured from the bottom of the footing to the top of the wall, is exempt from Title 14 building setbacks under SCC 14.28.040(1)(c). Anything taller must meet the zone's regular setback and comply with the building code adopted under SCC Title 15.
(1) The setback rules in this Chapter (SCC 14.28.030 through 14.28.080) do not apply to: ... (c) Retaining walls and rockeries four feet in height or less, measured from bottom of footing to top of wall;
Full Breakdown
SCC Chapter 14.28 governs required distances from structures to property lines in unincorporated Skagit County, and SCC 14.28.040 lists the structures that chapter exempts from those setback rules altogether. Subsection (1)(c) exempts retaining walls and rockeries four feet in height or less, with height measured from the bottom of the wall's footing to its top, a specific measurement point the code spells out so that walls built on sloped grade cannot be measured only from the uphill or downhill face. A retaining wall or rockery taller than four feet falls outside the exemption and must instead meet the zone's regular front, side, or rear setback the same as a building, per SCC 14.28.030(1), which requires every project permit application to observe the minimum setback adopted for its zone.
SCC 14.28.030(8)(f) also folds in the applicable building code adopted under SCC Title 15, meaning a taller retaining wall needs the structural review that comes with a building permit, not just a setback check. The area within any required setback, including next to a retaining wall built at the limit, must be kept free of junk under SCC 14.28.030(2)(b). Where a retaining wall sits in a critical area or its buffer, the setback exemption in SCC 14.28.040 does not override the separate review required under SCC Chapter 14.24, Critical Areas, which SCC 14.28.030(8)(b) lists as an additional setback source.
Violations & Fines
A retaining wall built taller than four feet without meeting the required setback, or without the building permit SCC Title 15 requires for it, is a Title 14 violation subject to the SCC 14.09.330 civil penalty of $100 per day, with the Director authorized to order the wall modified or removed as abatement under SCC 14.09.340.
Frequently Asked Questions
Do I need a permit for a short retaining wall in unincorporated Skagit County?
How is retaining wall height measured?
What happens once a retaining wall passes four feet?
Sources & Official References
Other rules in Skagit County
Compare Skagit County to another location·View the Washington fence regulations overview
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