Santa Clara County, CA Fence Regulations: Retaining Walls (2026)
Key Facts
- Permit trigger (volume)
- Over 150 cubic yards cut/fill
- Permit trigger (depth)
- Over 5 feet vertical cut/fill
- Foundation-tied walls
- Covered by building permit instead
- Applies to
- Unincorporated county only
Summary
A retaining wall in unincorporated Santa Clara County needs a Grading Permit once the cut or fill it creates exceeds 150 cubic yards or is deeper than five vertical feet.
No person shall do any grading, or cause or allow the same to be done, on any real property, without obtaining a Grading Permit for the following:(a)Cuts or fills, which each independently are greater than 150 cubic yards; or(b)Cut or fill that is greater than five feet in vertical depth at its deepest point when measured from the natural ground surface; or(c)Work that alters, diverts, or impairs the flow of water in the watercourse. The volume and height specified in this section are cumulative and not annual amounts.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Under Ordinance Code § C12-406, any grading on unincorporated county property, including the earthwork behind a retaining wall, requires a Grading Permit if independent cuts or fills exceed 150 cubic yards, or if a cut or fill is deeper than five feet measured from natural grade. Those volume and depth thresholds are cumulative, not annual. A retaining wall tied directly to a building's foundation can instead be authorized through the building permit under the § C12-407(b) exemption. Retaining walls that stay below the grading-permit thresholds are also exempt from the county's separate design review process.
Violations & Fines
Grading in excess of the § C12-406 thresholds without a permit violates Chapter III of Division C12 and is subject to grading abatement procedures and penalties; general Ordinance Code violations are misdemeanors punishable by up to $1,000 per day under Sec. A1-28.
Frequently Asked Questions
Do I need a permit for a small retaining wall in unincorporated Santa Clara County?
What if my retaining wall is attached to my house foundation?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California fence regulations overview
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