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Fountain Valley, CA Fence Regulations: Retaining Walls (2026)

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

Key Facts

Governing section
Fountain Valley Municipal Code § 18.04.020, item 4
Exempt height
Not over four feet (1,219 mm)
How height is measured
Bottom of the footing to the top of the wall
Exemption lost if
Wall supports a surcharge or impounds Class I, II or III-A liquids
Soils report authority
Building Official under § 18.04.070
Late-permit penalty
Double the permit fees (§ 18.04.030)

Summary

In the City of Fountain Valley, California, a retaining wall that is not over four feet in height, measured from the bottom of the footing to the top of the wall, is exempt from a building permit under § 18.04.020. The exemption ends if the wall supports a surcharge or impounds Class I, II or III-A liquids.

Section 105.2 of Chapter 1 of the California Building Code is amended in the following categories of work that are exempt from building permit: ... ... 4. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

Full Breakdown

Fountain Valley Municipal Code § 18.04.020 amends Section 105.2 of the California Building Code to list work exempt from a building permit. Item 4 covers retaining walls not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids. The measuring point matters: height is counted from the base of the footing, not from the finished grade, so buried footing depth adds to the number.

Two conditions remove the exemption. A wall supporting a surcharge, and a wall impounding Class I, II or III-A liquids, are outside it even at four feet or less. Section 18.12.020 carries the same retaining wall exemption in the residential code list for the City of Fountain Valley.

A wall that needs a permit can also trigger site reports. Under § 18.04.070 the Building Official can require a geologic or geotechnical report or both. A geologic report must be prepared by a Certified Engineering Geologist licensed by the State of California, and a geotechnical report must be prepared by a registered Civil Engineer versed in soils engineering. When both are required they are coordinated before submission, and a fee is collected for review of the reports and any required addendums. The reports must contain a finding on the safety of the site from geologic hazards and on the effect of the work on the stability of the site and property outside it.

For freestanding fences and block walls, § 18.04.020 separately exempts fences not over six feet high and block walls not over three feet high. Fence and wall height in yards is governed by § 21.18.070. Permit work started before the permit issues costs double the permit fees under § 18.04.030. Building code appeals go to the planning commission under § 18.02.025.

Violations & Fines

Building work without a required permit is subject to a penalty equal to double the permit fees under § 18.04.030, plus a special investigation at a cost set by separate resolution when the Building Official requires one. Violating the building codes is a misdemeanor under § 18.02.030: a fine not to exceed $1,000, up to six months in County Jail, or both, with each day a separate offense.

Frequently Asked Questions

How tall can a retaining wall be without a permit in Fountain Valley?
Not over four feet, measured from the bottom of the footing to the top of the wall, under § 18.04.020. Anything taller is outside the exemption. A wall at or under four feet still needs a permit if it supports a surcharge or impounds Class I, II or III-A liquids.
Does the four foot limit include the footing?
Yes. The code measures height from the bottom of the footing to the top of the wall, not from the ground surface. A wall that looks under four feet above grade can exceed the exemption once the footing depth is counted.
Can the City require an engineer's report for a wall?
Under § 18.04.070 the Building Official can require a geologic or geotechnical report or both. A geologic report comes from a State-licensed Certified Engineering Geologist and a geotechnical report from a registered Civil Engineer versed in soils engineering. A review fee is collected.
What happens if I build a permit-required wall first in Fountain Valley?
Section 18.04.030 sets a penalty equal to double the permit fees for commencing work before obtaining the necessary permits, and the Building Official can require a special investigation at a cost set by separate resolution. Violations are also misdemeanors under § 18.02.030.

Sources & Official References

Other rules in Fountain Valley

All Fountain Valley rules

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