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Montgomery, AL Fence Regulations: Retaining Walls (2026)

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

Key Facts

Permit-exempt height
Up to 4 feet, footing to top
Exemption void if
Wall supports a surcharge
Permit fee
0.25% of cost, $75 minimum
Late-start penalty
100% of permit fee
Governing chapter
City Code § 5-71(a) & (e)

Summary

Montgomery, Alabama exempts retaining walls up to 4 feet tall, measured from the bottom of the footing, from a building permit. Anything taller, or any wall holding back a surcharge, needs a permit costing the greater of $75 or 0.25% of construction cost.

3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids... Retaining walls greater than 4' high (Not part of project) [Fee:] Cost (.0025) min $75

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 27).

Full Breakdown

The city's adopted Building Code (Sec. " The parallel amendment to the Residential Code (Sec. 2) repeats the same 4-foot, footing-to-top measurement, dropping only the liquids clause and keeping the surcharge exception. 00 minimum. If the retaining wall is built as part of a larger permitted project, its cost rolls into that project's base building-permit fee rather than being billed as a separate line item. Because the exemption is measured from the footing bottom, not from finished grade, a wall that looks shorter than 4 feet above ground can still require a permit if its footing is buried deep enough to push the total wall height past the 4-foot threshold, so an applicant should confirm the footing depth with the Inspections Department before assuming the work is exempt.

Violations & Fines

Building a retaining wall over 4 feet, or one supporting a surcharge, without first obtaining the required permit exposes the property owner to a fee equal to 100% of the original permit fee on top of the permit cost itself, under the code's work-commencing-before-permit provisions, in addition to any correction the code official orders.

Frequently Asked Questions

Do I need a permit for a 3-foot retaining wall in Montgomery, Alabama?
No, as long as it does not support a surcharge. The adopted Building and Residential Codes exempt retaining walls up to 4 feet measured from the bottom of the footing to the top of the wall from permit requirements.
How is the 4-foot retaining wall height measured?
From the bottom of the wall's footing to the top of the wall, not from visible grade. A wall with a deep footing can exceed 4 feet in total height and require a permit even if it looks shorter than 4 feet above ground.
What does a Montgomery retaining wall permit cost?
The fee schedule lists retaining walls over 4 feet at 0.25% of construction cost with a $75.00 minimum, billed separately unless the wall is part of a larger permitted building project.

Sources & Official References

Other rules in Montgomery

All Montgomery rules

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