Elyria, OH Fence Regulations: Retaining Walls (2026)
Key Facts
- Trigger
- Wall more than 3 feet above lowest grade it serves
- Guard fence height
- Not less than 4 feet
- Reduced height
- 3 feet when the wall extends beyond the building line
- Fence wind load
- Ohio Basic Building Code standard
- Fence permit
- Building Inspector, before erecting or repairing any fence
- Penalty
- Fourth-degree misdemeanor, up to $250.00 per offense
Summary
In the City of Elyria, Ohio, a retaining wall that measures more than three (3) feet above the lowest grade level it is proposed to serve must be protected by a fence not less than four (4) feet high. The fence can drop to three (3) feet when the wall extends beyond the building line. The rule is Elyria Codified Ordinances § 1137.15(C)(5).
5. Retaining walls which measure more than three (3) feet above the lowest grade level they are proposed to serve shall be protected by a fence not less than four (4) feet high, except that such fence need not be more than three (3) feet high when the retaining wall extends beyond the building line.
Full Breakdown
Section 1137.15(C)(5) treats a tall retaining wall as a drop hazard. A retaining wall that measures more than three (3) feet above the lowest grade level it is proposed to serve has to be protected by a fence not less than four (4) feet high. The fence need not be more than three (3) feet high when the retaining wall extends beyond the building line. The trigger is the wall's height above the lowest grade it serves, so a wall at three feet or less carries no guard fence requirement under this division.
The guard fence is a fence for every other purpose in the section. Division (A) defines "a fence, wall or a hedge" as a structure or continuous barrier erected around or by the side of any open space to prevent passage or for protection, and says a fence or wall can be solid or open and built of masonry, metal, wood or any other material securely fastened to the ground. The rest of the "All Other Fences" rules therefore follow it. It must be erected to withstand the wind load specified in the Ohio Basic Building Code, placed perpendicular to the ground and substantially and properly supported according to standard practice. It cannot be topped with sharp points that can cause bodily injury, and it cannot be barbed wire. Its height is measured from a point not to exceed four (4) inches above the finished grade line or natural contour of the ground. Where a solid fence meets a water drainage situation, adequate outlets at the bottom are required to eliminate possible accumulation of stagnant water. Gates, doors and other obstructions cannot swing across public sidewalks or a public right-of-way.
Division (E) requires a permit from the Building Inspector before erecting, constructing, altering, installing or repairing any fence, with the fee set in Section 109.13 of the Administrative Code. Section 1137.15 itself prints no cap on the wall's own height and no engineering submittal for the wall. It prints only the guard fence rule above, and the Building Department is the office that enforces it and issues the fence permit.
Violations & Fines
A tall retaining wall left without the required guard fence, or a guard fence built without the division (E) permit, violates the Zoning Code. Under § 1127.99 that is a misdemeanor of the fourth degree, fined not more than $250.00, up to thirty days in jail, or both, for each offense, with each day a separate offense. A second violation within one year is a third-degree misdemeanor, up to $500.00 or sixty days. The Building Inspector can also revoke a permit under § 1127.02(G).
Frequently Asked Questions
When does a retaining wall in the City of Elyria need a fence on top?
How is the height of a fence on a retaining wall measured in Elyria?
Does the Elyria Zoning Code say a retaining wall needs an engineer?
Do I need a permit for the fence on my retaining wall in Elyria?
Sources & Official References
Other rules in Elyria
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