Merced County, CA Fence Regulations: Retaining Walls (2026)
Key Facts
- No-permit height
- retaining walls 2 ft or less
- Setback-exempt height
- retaining walls under 3 ft
- Above those heights
- building permit + setback apply
- Unpermitted work penalty
- double fee, first offense
Summary
Merced County exempts residential retaining walls two feet or less in height from a building permit under County Code § 16.12.110(B), and treats retaining walls under three feet as exempt from zoning setbacks under Zoning Code § 18.30.040(C)(1)(b). Anything taller needs a building permit and must meet the zone's setback.
Chapter 16.16 of this title shall not apply to a building designed or constructed as a detached, single story shed for personal use, not exceeding 120 square feet in floor area, not exceeding 12 feet in height, with no electrical and no plumbing (only one such building exempted under this provision will be allowed for each dwelling on a parcel; additional sheds will require a building permit and planning department review); wood or steel fences not exceeding six feet in height; residential block, brick, stucco or concrete walls not exceeding four feet in height, and residential retaining walls not exceeding two feet in height. ... Retaining walls less than three feet in height above finished grade.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4930839; v8 updated 2026-06-02).
Full Breakdown
16 (Building Code), meaning no building permit is required for a wall at or under that height. The same subsection also exempts residential block, brick, stucco, or concrete walls up to four feet and wood or steel fences up to six feet from the building permit requirement, so a homeowner combining a low retaining wall with a taller fence on top must check both thresholds separately. 040(C)(1)(b) exempts retaining walls less than three feet in height above finished grade from the county's setback rules, meaning a short retaining wall can sit closer to the property line than the zone's setback would otherwise allow.
070, which requires an application to the Building Official, review under the 2022 California Building Standards Code, and a permit that expires if work does not start within 180 days. 16. 110 exempts only Merced County's own ordinance requirements and does not override any state law or other county ordinance that might still require engineering review for a taller or structurally loaded wall.
Violations & Fines
Building a retaining wall over two feet without a permit is unpermitted construction under § 16.12.070, and the county can require after-the-fact permitting at double the normal permit fee for a first offense, with further fee increases for repeat violations by the same owner or contractor. A wall taller than three feet built inside the required zone setback without an approved exception also violates § 18.30.040 and can be ordered relocated or removed.
Frequently Asked Questions
Do I need a permit for a two-foot retaining wall in Merced County?
Can a retaining wall sit right at my property line?
What happens if I skip the permit on a taller retaining wall?
Does the county exemption cover engineering requirements too?
Sources & Official References
Other rules in Merced County
California rules heatmap·Compare Merced County to another location·View the California fence regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.