James City County, VA Fence Regulations: Retaining Walls (2026)
Key Facts
- Permit trigger
- 3+ feet of unbalanced fill
- Max height per segment
- 6 feet
- Max total wall height
- 24 feet
- Access easement
- 12 feet wide, top and bottom
- Allowed materials
- Masonry, stone, vinyl, aluminum, steel
- Exempt
- Decorative walls, walls under 3 feet
Summary
James City County requires a building permit for any retaining wall holding back three feet or more of unbalanced fill, impounding certain liquids, sitting in a flood zone, or forming part of a stormwater BMP. Section 23-9.1 caps stepped segments at six feet each and 24 feet total, and requires a licensed design professional's certification.
Retaining walls constructed in the CPBA supporting three feet or more of ordinary unbalanced fill, or constructed for the purpose of impounding Class I, II, or III-A liquids, or supporting a surcharge other than ordinary unbalanced fill, or located in a flood zone, or that are part of a stormwater BMP shall require a building permit and shall be subject to the following: ... (2)The materials used to construct the wall shall be masonry, stone, vinyl, aluminum, and/or steel. Marine-grade timber may only be used for retaining walls located on a single-family residential lot when the total wall height is less than six feet. (3)Should the overall height of the wall exceed six feet of unbalanced fill (i.e., finished grade to finished grade):a.The wall shall be broken into multiple stepped walls with a maximum height of six feet for each wall segment, and a minimum horizontal separation between the wall segments of at least nine feet;b.Guards for fall protection (e.g., fencing) are required to be installed at the top of the wall;c.The total of all wall segments shall not exceed 24 feet in height;
Full Breakdown
1. Those standards limit acceptable materials to masonry, stone, vinyl, aluminum, and steel; marine-grade timber is allowed only on a single-family residential lot and only where the finished wall stays under six feet. Any wall taller than six feet of unbalanced fill must be broken into stepped segments no taller than six feet each, separated horizontally by at least nine feet, with the combined height of all segments capped at 24 feet, and guards such as fencing are required at the top of the wall for fall protection.
1 also requires a 12-foot-wide access easement along both the top and bottom of the wall, built to support a tracked vehicle and kept free of structures or utilities, plus a maintenance plan from a licensed design professional covering the wall's estimated life-cycle, filed with the Office of Building Safety and Permits before final inspection. 2/1704 where applicable. Restrictive covenants noting the wall, its easements, and the maintenance commitment must be recorded before final inspection. Decorative walls and walls under three feet are exempt, as are single-family dwelling foundations and bulkheads or seawalls separating land from tidal water.
The director of building safety and permits may grant a single-family lot owner an administrative waiver up to six feet six inches per segment, while the board of supervisors can waive the full 24-foot cap for a taller wall after a public hearing and notice to adjoining owners.
Violations & Fines
A retaining wall built at or above the three-foot fill threshold without the required building permit falls under chapter 4's general permit violations: a civil penalty of $100.00 per day for a first offense and $350.00 per day for repeat noncompliance, or prosecution as a misdemeanor punishable by a fine of up to $2,500.00. The building official can withhold final inspection approval until required compaction, drainage, and maintenance-plan certifications and recorded covenants are on file.
Frequently Asked Questions
Do I need a permit to build a retaining wall in James City County?
How tall can a retaining wall be built?
Can I build a retaining wall out of wood?
What paperwork do I need before final inspection?
Sources & Official References
Other rules in James City County
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