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

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

Key Facts

Applies to
Retaining walls placing fill in regulated floodways
Governing test
No-rise engineering certification, Sec. 9-56
Alternative path
FEMA CLOMR, then LOMR within 6 months
Permit needed
Floodplain development permit, Sec. 9-8
Penalty
Class 1 misdemeanor, up to $50/day

Summary

Rowan County sets no general retaining-wall height or permit rule outside flood areas, but a retaining wall, sidewalk, or driveway that places fill inside a regulated floodway or non-encroachment area must meet the no-rise engineering standard in the county's flood damage prevention ordinance before it can be built.

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

(10)Other development.(a)Fences in regulated floodways and NEAs that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of section 9-56 of this ordinance.(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 section 9-56 of this ordinance.

Full Breakdown

Sec. 9-52(10)(b) of the Rowan County Code addresses retaining walls specifically inside mapped floodways, requiring that retaining walls, sidewalks, and driveways that involve the placement of fill in regulated floodways meet the limitations of Sec. 9-56. Sec. 9-56 defines those limitations: no fill, new construction, or other development is permitted in a designated floodway or non-encroachment area unless a registered professional engineer certifies, using standard hydrologic and hydraulic analysis, that the encroachment will not increase base flood levels, or unless FEMA issues a conditional letter of map revision (CLOMR) followed by a letter of map revision (LOMR) within six months of completing the work.

A retaining wall that clears the Sec. 9-56 no-rise test must still comply with every other flood hazard reduction standard in Sec. 9-51 and Sec. 9-52, including anchoring against flotation and construction with flood-resistant materials. This retaining-wall rule applies only inside a regulated floodway or non-encroachment area; the county's general zoning ordinance, not the flood chapter, governs retaining walls elsewhere in unincorporated Rowan County, and the flood chapter sets no separate stand-alone height limit for retaining walls outside those mapped areas.

Violations & Fines

Placing fill for a retaining wall, sidewalk, or driveway inside a regulated floodway or non-encroachment area without the Sec. 9-56 engineering certification, or without a floodplain development permit under Sec. 9-8, is a Class 1 misdemeanor under Sec. 9-13, fined up to fifty dollars per day of continuing violation and punishable by up to thirty days in jail. The floodplain administrator can also issue a stop-work order under Sec. 9-33(16) until the required engineering analysis or CLOMR/LOMR is provided.

Frequently Asked Questions

Do I need a permit for a retaining wall in Rowan County?
Only if it sits inside a mapped regulated floodway or non-encroachment area. Sec. 9-52(10)(b) requires any retaining wall, sidewalk, or driveway that places fill there to meet the no-rise standard of Sec. 9-56 and to hold a floodplain development permit under Sec. 9-8 before construction starts.
What is the no-rise standard for a floodway retaining wall?
Sec. 9-56 bars fill or other development in a designated floodway or non-encroachment area unless a registered professional engineer certifies, through hydrologic and hydraulic analysis, that the wall will not raise flood levels during the base flood, or unless FEMA approves a conditional letter of map revision followed by a LOMR within six months.
Does Rowan County limit retaining wall height outside the floodplain?
The flood damage prevention chapter of the Rowan County Code only regulates retaining walls that place fill inside a regulated floodway or non-encroachment area; it sets no separate height limit. Retaining walls elsewhere in unincorporated Rowan County fall under the general zoning ordinance rather than the flood chapter.

Sources & Official References

Other rules in Rowan County

All Rowan County rules

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