Elko County, NV Fence Regulations: Retaining Walls (2026)

Elko County Code § 5-4-1(C), item 7, is the retaining wall provision. It sits in the development standards for major developments reviewed under Title 5, and it gives the county two triggers: topographical conditions that warrant a wall, or the need to retain fill or cut slopes within rights of way or slope easements. The printed text says retaining walls "may be required," so the decision belongs to the county during review of the development, not to a fixed height formula. The item itself prints no height threshold and no engineering stamp requirement.

Engineering and permitting come in through the neighboring items. Item 13 bars any work on subdivision improvements without the prior approval of the division of planning and zoning, and requires engineered improvement plans to be submitted and approved before the final subdivision map is recorded. The applicant must allow a minimum of 3 weeks of lead time, or longer for major developments. Item 15 requires a county right of way construction permit before any improvement in, on or under a public right of way begins, and item 14 requires every encroachment permit for work affecting a county, state or federal route.

Subsection (D) lets the division of planning and zoning modify a provision of the section on written application where practical difficulties exist, provided it finds the design complies with the intent of the code and is at least the equivalent in quality, strength, effectiveness, fire resistance, durability and safety. The division can require tests certified by a professional engineer licensed in Nevada, at the expense of the person asking for approval. An applicant who disagrees with the decision can appeal to the county manager by written notice delivered within ten days of receipt or mailing, and the county manager's decision is final and binding.

Fences built on top of walls are handled in the zoning title. Under § 4-8-8(A), a fence, wall or hedge cannot exceed six feet, and the cap drops to three and one-half feet in a required front yard or the required street side yard of a corner lot. The word "wall" in that section does not cover the supporting portion of a retaining wall. Under § 4-8-8(C), where a fence rises directly above a retaining wall along a lot line, or above, parallel with and within four feet of such a wall, the permitted height of a fence not required by Title 4 is reduced by one-half the height of the supporting portion of the retaining wall, but in no case to less than three feet.