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Madison County, IL Fence Regulations: Retaining Walls (2026)

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

Key Facts

Right-of-way retaining walls
Need Building and Zoning Committee OK
Slope-exceeding walls
Need abutting owner's written consent
Slope-exceeding walls, second approval
Planning Commission and County Board
Grading slope cap without a wall
5 horizontal to 1 vertical, within 25 ft of line
Fill permit fee
$75 flat fee

Summary

Retaining walls in unincorporated Madison County cannot go in a public street or alley right-of-way without Building and Zoning Committee approval, and one built to exceed the county's grading slope limit needs the abutting owner's written consent plus Planning Commission and County Board sign-off.

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

(D) No permanent fences. No permanent fence, retaining wall, or obstruction shall be constructed or erected within any public street or alley right-of-way unless authorized by the Building and Zoning Committee. ... In no case shall any slope exceed the normal angle of slippage of the soil involved and no fill shall be placed in the five-foot grassy buffer area. The total elevation change shall not exceed the total elevation of the maximum slope ratio. The exception to this shall be where retaining walls are built with the written consent of the abutting property owner and with the approval of the Planning Commission and County Board.

Full Breakdown

Two separate chapters touch retaining walls. 080(D) of the zoning code bars any permanent fence, retaining wall, or obstruction within a public street or alley right-of-way unless the Building and Zoning Committee authorizes it; a wall built on a public easement or across a ditch must be constructed so it does not block drainage, and the wall's owner is responsible for removing or replacing it whenever maintenance or another need requires. 133 of the stormwater drainage chapter caps how much grading or filling a property owner can do near a property line: no change in topography within 25 feet of the line can create a slope steeper than five horizontal to one vertical, and a 5-foot grassy buffer along the property line must stay free of fill.

A retaining wall is the code's built-in exception to that slope cap, but only if the abutting property owner gives written consent and both the Planning Commission and the County Board approve the wall. Grading and fill work more broadly runs through Chapter 114's fill-permit process: a fill permit application must show existing elevations, the fill route, quantity, and erosion-control method, neighboring owners are notified, and the Building and Zoning Department collects a $75 flat permit fee before work begins.

Violations & Fines

Building a retaining wall in a public right-of-way without Building and Zoning Committee authorization violates § 93.080(D) and is punishable under § 93.999 with a fine of $10 to $500 per offense, each day counted separately. A retaining wall built to exceed the county's slope limits without the neighbor's written consent and Planning Commission/County Board approval is enforced under the fill-permit penalty provisions of § 114.999.

Frequently Asked Questions

Do I need county approval to build a retaining wall near my property line?
If the wall causes a grading change steeper than the county's five-to-one slope limit within 25 feet of the line, § 114.133 requires written consent from the abutting property owner plus approval from both the Planning Commission and the County Board.
Can I put a retaining wall in the road right-of-way?
Not without permission. Section 93.080(D) bars any permanent fence or retaining wall in a public street or alley right-of-way unless the Building and Zoning Committee specifically authorizes it, and drainage across the wall cannot be obstructed.
Who pays to remove a retaining wall built on a public easement?
Section 93.080(D) makes the wall's owner responsible for removal or replacement whenever the county needs access for maintenance or another purpose, regardless of how long the wall has been in place.
Is there a fee for a grading or fill permit tied to a retaining wall project?
Yes. Chapter 114's fill-permit process, administered by the Building and Zoning Department, charges a flat $75 fee before work covered by the permit, including fill placed in connection with an approved retaining wall, can begin.

Sources & Official References

Other rules in Madison County

All Madison County rules

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