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Franklin County, NC Fence Regulations: Retaining Walls (2026)

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

Key Facts

General wall/fence cap
6 feet on side/rear lot line, § 6.7.1
Floodway retaining walls
Must meet encroachment limits, § 9.2.5(B)(10)(b)
No-rise standard
No increase in base flood levels, § 9.2.5(E)
Engineering requirement
Certified hydrologic/hydraulic analysis before permit
Criminal penalty
Class 1 misdemeanor, fine up to $100, G.S. § 143-215.58

Summary

Unincorporated Franklin County does not set a general height or permit standard for retaining walls, but where a retaining wall involves placing fill inside a regulated floodway or non-encroachment area, UDC § 9.2.5(B)(10)(b) requires it to meet the same no-rise encroachment limits that govern any other fill or construction in that floodway.

These county ordinances apply to unincorporated areas of Franklin County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

10.Other Development ... b.Retaining walls, sidewalks and driveways in regulated floodways and NEAs. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of this Section. ... E.Floodways and Non-Encroachment Areas ... 1.No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless:a.It has been demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood discharge, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain development permit; orb.A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained within 6 months of completion of the proposed encroachment.

Full Breakdown

Franklin County's Unified Development Code does not contain a stand-alone retaining wall ordinance; outside of a mapped floodway, wall height and materials are addressed only by the general fence and wall standards of § 6.7.1, which cap a fence or wall at 6 feet on a side or rear lot line. The one place the code speaks directly to retaining walls is § 9.2.5(B)(10)(b), inside the Flood Damage Prevention article, which singles out retaining walls, sidewalks, and driveways that involve the placement of fill within a regulated floodway or non-encroachment area (NEA) and requires them to meet the same limitations that govern any other encroachment in that area.

Those limitations, set out in § 9.2.5(E), bar any encroachment, including fill, unless the applicant demonstrates through hydrologic and hydraulic analysis, submitted to the Floodplain Administrator before a floodplain development permit issues, that the retaining wall will not increase flood levels during the base flood discharge, or unless FEMA has approved a Conditional Letter of Map Revision, with a final Letter of Map Revision required within 6 months of completing the work. Because the retaining wall provision folds into the same clause as fences and road crossings, a homeowner or contractor building a retaining wall along a creek bank or drainage channel in the unincorporated county needs a no-rise certification from a registered professional engineer, not just a standard building permit, before adding fill behind the wall inside a mapped floodway.

Violations & Fines

Placing fill for a retaining wall in a regulated floodway without the § 9.2.5(E) no-rise demonstration is a violation of the Flood Damage Prevention Ordinance, a Class 1 misdemeanor under G.S. § 143-215.58 punishable by a fine up to $100.00 or 30 days imprisonment, with each day of continued violation a separate offense; the Floodplain Administrator can also order the wall or fill altered or removed after a hearing.

Frequently Asked Questions

Does Franklin County require a permit for a retaining wall?
Outside a mapped floodway, the Unified Development Code does not set a specific retaining wall permit or height standard; general fence and wall limits under § 6.7.1 apply instead. Inside a regulated floodway or non-encroachment area, however, § 9.2.5(B)(10)(b) requires a retaining wall that involves fill to meet the same no-rise encroachment standard as any other floodway construction.
What is a 'no-rise' certification for a floodway retaining wall?
It is an engineering demonstration, submitted to the Floodplain Administrator before a floodplain development permit issues, showing through hydrologic and hydraulic analysis that the retaining wall and its fill will not increase flood levels during the base flood discharge, as required by UDC § 9.2.5(E)(1)(a).
Can I get a FEMA map revision instead of the engineering study?
Yes. Section 9.2.5(E)(1)(b) allows the no-rise requirement to be satisfied if FEMA has approved a Conditional Letter of Map Revision for the encroachment, but a final Letter of Map Revision must still be obtained within 6 months after the retaining wall or fill work is completed.

Sources & Official References

Other rules in Franklin County

All Franklin County rules

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