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Fountain, CO Fence Regulations: Retaining Walls (2026)

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

Key Facts

Engineer trigger
Walls over 4 feet need a structural engineer
Slope limit
Grading capped at a 3-to-1 maximum slope
Governing section
Fountain Municipal Code § 16.12.080(B)
Last amended
Ord. No. 1412, § 2 (2008)
Certificate of occupancy
Improvements inspected before city accepts them
General penalty
Up to $2,650 fine or 1 year jail

Summary

Fountain's subdivision design standards cap grading slopes at three-to-one and require any retaining wall taller than four feet to be designed by a licensed structural engineer. The rule sits in the subdivision improvements chapter, so it governs walls built as part of platting, grading, or lot development inside city limits, not El Paso County land nearby.

B.Maximum slopes and retaining walls. Subdivision grading should maintain minimum slopes of two percent and maximum slopes of three to one. Retaining walls of a height greater than four feet shall require design by a structural engineer. Areas of fill must be adequately compacted to ensure public safety.

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 3).

Full Breakdown

Chapter 16.12 of Title 16, Subdivision Regulations, sets Fountain's grading and retaining-wall standard. Section 16.12.080(B), Maximum Slopes and Retaining Walls, requires subdivision grading to hold a minimum slope of two percent and a maximum slope of three-to-one, and states plainly that retaining walls of a height greater than four feet shall require design by a structural engineer. Areas of fill must be adequately compacted for public safety. The provision traces to the 1987 Code Section 16.22.090 and was last amended by Ordinance No. 1412, Section 2, in 2008, so it predates the 2019 codification but has not been superseded.

The rule sits alongside the city's subdivision improvements requirements: Section 16.16.010(C) lists detention ponds and retaining walls among the improvements that must be completed and formally accepted by the city before it will issue a certificate of occupancy for a habitable structure, and the subdivider must post surety under the Subdivision Improvements Agreement to guarantee that construction. The city engineer inspects completed improvements under Section 16.16.050 and will not issue a certificate of acceptance until any defects are corrected. Because this standard is written into the subdivision design chapter, it applies most directly to walls built as part of a platted development. A wall over four feet built on an already-platted lot still needs an engineer's design to satisfy the same section and will be checked at building-permit review by the Pikes Peak Regional Building Department under the adopted Pikes Peak Regional Building Code. Homeowners planning a wall near this height should get a Colorado-licensed structural engineer's stamped design before applying for a permit, since the four-foot threshold is measured from finished grade to the top of the wall.

Violations & Fines

Building or maintaining an unapproved subdivision improvement, including a retaining wall over four feet without engineered design, lets the city withhold a certificate of occupancy or acceptance of the subdivision's improvements under Section 16.16.010 until the defect is corrected. Because Title 16 carries no separate fine schedule, a violation defaults to Fountain's general penalty, Section 1.12.010: a fine up to $2,650.00, up to one year in jail, or both, with each day of continued violation counted as a separate offense.

Frequently Asked Questions

Do I need an engineer for a retaining wall in Fountain, Colorado?
Yes, if it is taller than four feet. City Code § 16.12.080(B) requires any retaining wall over four feet to be designed by a structural engineer, part of the grading standard that also caps subdivision slopes at three-to-one. Walls four feet and under are not covered by this specific engineering requirement.
What happens if a Fountain retaining wall is built without an engineer's design?
The city can withhold a certificate of occupancy or refuse to accept the subdivision's improvements under § 16.16.010 until the wall is brought into compliance. Because Title 16 has no dedicated fine, violations default to the general penalty in § 1.12.010: up to $2,650 in fines, up to a year in jail, or both.
Does this retaining wall rule apply outside Fountain city limits?
No. It is a Fountain Municipal Code subdivision standard that applies only inside the city, not in unincorporated El Paso County or on Fort Carson's federal land. Retaining walls built on county land nearby are reviewed under the county's own development code.

Sources & Official References

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