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Spokane County, WA Fence Regulations: Retaining Walls (2026)

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

Key Facts

Grading permit exemption
Excavation for a wall authorized by a valid building permit
Height limit on the exemption
Unsupported height greater than five feet is not exempt
Who issues grading permits
The building official, one permit for each site
Walls in county right-of-way
AASHTO design; county engineer/public works director approves plans
Mortarless block walls (right-of-way)
NCMA Technical Report 127 (NCMA TR127)
Fill slope toe setback
Half the slope height, two feet minimum, twenty feet maximum
Engineered grading trigger
Grading in excess of five thousand cubic yards

Summary

Spokane County regulates retaining walls through two sections. SCC 3.10.020(d)(2) exempts the excavation for a wall authorized by a valid building permit from the grading permit requirement, but not any excavation left with an unsupported height greater than five feet. SCC 9.75.510 requires walls in county right-of-way, or maintained by the county, to follow AASHTO design, with plans and structural computations approved before construction begins.

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

An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet (one thousand five hundred twenty-four mm) after the completion of such structure. ... Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. ... Analysis and design of retaining walls and other structures constructed within county right-of-way and/or maintained by Spokane County shall conform to the requirements of the current edition of the "Standard Specifications for Highway Bridges," AASHTO. Plans and structural computations shall be submitted for approval of the county engineer/public works director before construction begins. ... Mortarless concrete block retaining walls shall be designed and constructed in accordance with the National Concrete Masonry Association Technical Report 127 (NCMA TR127). (Res. No. 16-0288, 4-19-2016; Res. 99-0265 (part))

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 63).

Full Breakdown

Under SCC 3.10.020(d), no person can do any grading without first obtaining a grading permit from the building official. A separate permit is required for each site, and one permit can cover both excavations and fills. Item (2) of the exempted-work list carves out an excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. The exemption is narrow. It does not cover any fill made with the material from the excavation, and it does not cover any excavation having an unsupported height greater than five feet after the structure is complete. The subsection closes by stating that an exemption does not authorize work done in violation of the chapter or any other law or ordinance of the jurisdiction.

Two other exemptions in the same list matter for wall projects. Item (8) exempts an excavation that is less than two feet in depth, or that does not create a cut slope greater than five feet in height and steeper than one unit vertical in one and one half units horizontal. Item (1) exempts grading in an isolated, self-contained area when the building official approves it and there is no danger to private or public property.

Where a wall sits at the edge of graded ground, subsection (l) controls the setbacks. The toe of a fill slope must be no nearer the site boundary than one half the height of the slope, with a minimum of two feet and a maximum of twenty feet. The top of a cut slope must be no nearer than one fifth of the vertical height of cut, with a minimum of two feet and a maximum of ten feet. When a fill slope is near the boundary and the adjacent property is developed, the building official can require precautions, and the code lists provision for retaining or slough walls among them. Under subsection (h), fees are charged at the rate in the department fee schedules, and separate plan review fees apply to retaining walls.

SCC 9.75.510 sets a stricter track for walls within county right-of-way or maintained by Spokane County. Analysis and design must conform to the current edition of the AASHTO Standard Specifications for Highway Bridges, and plans and structural computations go to the county engineer/public works director for approval before construction begins. Mortarless concrete block walls must be designed and built to NCMA Technical Report 127. The section carries a Res. No. 16-0288 amendment dated 4-19-2016, and SCC 3.10.020 carries Res. No. 10-1027 dated 11-30-2010.

Violations & Fines

The text of SCC 3.10.020 states no dollar penalty. Its enforcement tools are procedural. Under subsection (e), when the building official finds an excavation, embankment or fill on private property has become a hazard to life and limb, the owner must, on written notice, repair or eliminate it within the period specified. Under subsection (i), the official can require a surety bond, cash bond or instrument of credit. Under subsection (p), final approval is withheld until all drainage facilities, erosion control and required reports are complete.

Frequently Asked Questions

Do I need a grading permit to dig for a retaining wall in Spokane County?
Not for the footing excavation when the wall is authorized by a valid building permit. SCC 3.10.020(d)(2) exempts an excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. Fill made with the excavated material is not covered by that exemption, and a wall without a valid building permit does not qualify for it.
What happens if the excavation behind the wall is taller than five feet?
The exemption ends. SCC 3.10.020(d)(2) states that it does not exempt any excavation having an unsupported height greater than five feet after the completion of the structure. That excavation needs a grading permit from the building official unless another item in the exempted-work list applies. The code also says an exemption never authorizes work that violates any other law or ordinance.
What rules apply to a retaining wall in county right-of-way?
SCC 9.75.510(a) requires analysis and design of walls constructed within county right-of-way, or maintained by Spokane County, to conform to the current edition of the AASHTO Standard Specifications for Highway Bridges. Plans and structural computations must be submitted for approval of the county engineer/public works director before construction begins. Mortarless concrete block walls must follow NCMA Technical Report 127.
When does grading near a wall require an engineer?
Grading in excess of five thousand cubic yards must follow an approved grading plan prepared by a civil engineer and is designated engineered grading. Smaller jobs are regular grading unless the permittee chooses engineered grading or the building official determines special conditions or unusual hazards exist. Engineered grading applications come with two sets of plans, a soils engineering report and an engineering geology report.
How far from the property line must a fill slope above or below a wall sit?
Under SCC 3.10.020(l)(2), the toe of a fill slope must be no nearer the site boundary than one half the height of the slope, with a minimum of two feet and a maximum of twenty feet. The building official can approve alternate setbacks and can require an investigation and recommendation by a qualified engineer or engineering geologist to show the intent of the section is met.

Sources & Official References

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