Aiken County, SC Fence Regulations: Retaining Walls (2026)

" That wording layers three separate conditions onto the exemption: the wall must be four feet or under measured footing-to-top (not just the exposed above-grade height), it must not be supporting a surcharge such as a driveway, parking area, or sloped fill load behind it, and the site must sit outside a flood hazard area. If any one of those three conditions fails, the exemption is lost and a permit is required under the general rule in Sec. 5-76(a)(1): the property owner or contractor must apply to the building official and obtain a permit before building, with a copy forwarded to the county tax assessor.

Because the height is measured from the footing rather than from finished grade, a wall that looks shorter than four feet above ground can still exceed the threshold once the buried footing is counted, pulling it into permit territory. Once a permit is triggered, Sec. 5-78 requires accompanying plans and specifications, which for a retaining wall reasonably supporting a surcharge would need to show the design basis, and the building official may demand computations or engineering data under Sec. 5-78(b) bearing the signature of the person responsible for the design.

Fees under Sec. 5-79 must be paid before the permit issues, and a refused permit can be appealed in writing to the board of appeals within 30 days under Sec. 5-62.