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Everett, WA Fence Regulations: Retaining Walls (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Wall 6 ft. or less
normal max fence height applies
Wall over 6 ft.
fence on top capped at 42 in.
Berm-top fences
capped as if no berm existed

Summary

Everett limits how tall a fence can be built on top of a retaining wall or berm: the normal fence-height max applies above walls 6 feet or under, but the fence is capped at 42 inches on taller walls.

E. Retaining Walls and Berms. Fences placed on top of berms shall be constructed so as not to exceed the maximum height allowed if the berm were not there. Fences placed upon rockeries or retaining walls shall be permitted to be constructed to the maximum allowable fence height above the rockery or retaining wall, provided the rockery or retaining wall does not exceed a height of six feet. Fences constructed on top of retaining walls which are greater than six feet in height shall not exceed a maximum fence height of forty-two inches.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 4194-26, passed July 29, 2026).

Full Breakdown

Everett Municipal Code § 19.40.010(E) governs fences built on retaining walls and berms rather than at grade. A fence on a berm can't exceed the height it could reach without the berm. A fence on a rockery or retaining wall up to 6 feet tall may reach the normal maximum fence height for that setback above the wall. But once the retaining wall or rockery itself exceeds 6 feet, any fence built on top of it is capped at 42 inches, regardless of the zone's normal fence-height allowance. The section does not set a separate height limit or permit requirement for the retaining wall structure itself; wall construction runs through the state building code as adopted in EMC Title 16.

Violations & Fines

Fences exceeding these stacked-height limits are enforced as code violations under Chapter 1.20 EMC and can be ordered lowered or removed.

Frequently Asked Questions

How tall can my fence be on top of a retaining wall in Everett?
If the wall is 6 feet or less, you can add a fence up to the normal maximum height for your setback; above 6 feet, the fence on top is capped at 42 inches (EMC 19.40.010(E)).
Does this section set a height limit for the retaining wall itself?
No, it only limits fences built on top of walls and berms; the wall's own construction and permitting fall under the state building code adopted in EMC Title 16.

Sources & Official References

Other rules in Everett

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