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Fontana, CA Fence Regulations: Retaining Walls (2026)

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

Key Facts

Exempt height
3 feet, footing to top
Surcharge/flammable liquid
Permit required at any height
Governing section
Sec. 5-62(b), CBC Sec. 105.2
Adopted code
2025 California Building Code

Summary

Fontana exempts short retaining walls from a building permit: Sec. 5-62(b) rewrites California Building Code Section 105.2's Exemption 4 so any wall not over 3 feet tall, measured from the bottom of the footing to the top of the wall, skips the permit, unless it supports a surcharge or holds back flammable or combustible liquids.

(b)Section 105.2 Building Exemption 4 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended to read as follows:4.Retaining walls which are not over 3 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable or combustible liquids.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 64 | Zoning and Development Code: Supplement 17).

Full Breakdown

Fontana Municipal Code Sec. 2, Building Exemption 4, of the adopted California Building Code (California Code of Regulations Title 24, Part 2, and the International Building Code) to read: retaining walls not over 3 feet in height, measured from the bottom of the footing to the top of the wall, are exempt from the building permit requirement, unless the wall supports a surcharge or impounds flammable or combustible liquids. A surcharge, an added load behind the wall such as a slope, driveway, structure or parked vehicle bearing down on the retained soil, strips the exemption regardless of height, as does any wall holding back flammable or combustible liquid.

Because the measurement runs from the footing bottom, not just the visible face, a wall that looks like it's under 3 feet above grade can still exceed the exempt height once the buried footing is counted, which is why the building official checks footing depth before waiving the permit. This amendment lives in Article III of Chapter 5, the same article that adopts the 2025 California Building Code under Sec. 5-61 and makes violating any of its provisions, including building an unpermitted wall above the exempt height, a misdemeanor under Sec. 5-5.

Violations & Fines

Constructing a retaining wall over 3 feet measured footing-to-top, or one that supports a surcharge or impounds flammable liquid at any height, without a building permit is a Sec. 5-5 misdemeanor, punishable under the Sec. 1-7 general penalty of up to $1,000 in fines, up to six months in jail, or both, per offense.

Frequently Asked Questions

Do I need a permit to build a retaining wall in my yard?
Not if it's 3 feet or shorter measured from the bottom of the footing to the top, and it isn't holding back a surcharge or flammable or combustible liquid. Sec. 5-62(b) exempts that specific case from the building permit requirement.
What is a 'surcharge' that removes the retaining wall exemption?
It's an added load behind the wall, like a slope, driveway, structure or parked vehicle bearing on the retained soil, beyond the soil's own weight. Sec. 5-62(b) strips the permit exemption for any wall carrying one, regardless of its height.
Why does my 2.5-foot-tall wall still need a permit?
Because Sec. 5-62(b) measures height from the bottom of the footing, not just the visible face above grade. If the buried footing pushes the total past 3 feet, or the wall supports a surcharge or flammable liquid, the building official still requires a permit.

Sources & Official References

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