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New Braunfels, TX Fence Regulations: Retaining Walls (2026)

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

Key Facts

ROW placement
Wall must sit entirely on private property
Footing exception
Only footings may extend under ROW, if approved
Design approval
City engineer must approve wall design
Permit threshold
Over 4 ft, or surcharge/liquid load, needs a permit
Permit fee
$0.50 per linear foot, walls over 24 inches
First-offense fine
$100.00 to $2,000.00
Repeat-offense fine
Up to $2,000.00, rising minimum each offense

Summary

New Braunfels bars retaining walls, like hedges, steps and fences, from sitting in a street or alley right-of-way: the whole structure must be on private property under Code of Ordinances Sec. 114-1. Only a wall's footing may run beneath the right-of-way, and only with public works' approval, and the city engineer must approve the wall's design.

Sec. 114-1: Hedges, retaining walls, steps, fences for property abutting a street or alley shall be located on such property and no portion thereof shall lie in the right-of-way, except footings to walls which may be placed under the surface in a manner approved by the director of public works. The design of retaining walls referred to in this section shall be approved by the city engineer. ... Sec. 114-8: Upon conviction for violations of sections 114-1, 114-2, 114-3, 114-4, 114-5, 114-6 and 114-7, the owner of the property or other responsible party shall be fined in accordance with the following: (1)First offenses shall have a minimum fine of $100.00 and a maximum fine of $2,000.00;(2)Second offenses shall have a minimum fine of $200.00 and a maximum fine of $2,000.00;(3)Third and subsequent offenses shall have a minimum fine of $500.00 and a maximum fine of $2,000.00.

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 36).

Full Breakdown

Chapter 114, Article I of the city code governs hedges, retaining walls, steps and fences that abut a street or alley. Sec. 114-1 requires the entire structure to sit on the abutting private lot, with no portion in the right-of-way; the only exception is a wall's footing, which the director of public works may allow to run beneath the right-of-way surface. Regardless of location, the city engineer must approve the retaining wall's design before it goes in, since a failed wall can undermine an adjoining public street or alley.

Separately, the city's adopted 2021 International Building Code exempts retaining walls that are not over 4 feet, measured from the bottom of the footing to the top of the wall, from needing a building permit, unless the wall supports a surcharge or impounds a Class I, II or IIIA liquid (Sec. 14-27(e), amending IBC Sec. 105.2). Taller walls, or any wall carrying that kind of load, need a permit from the Building Safety Division created under Sec. 14-1. Appendix D's residential building permit fee schedule charges $0.50 per linear foot for retaining wall permits on walls over 24 inches, due with the building permit application.

A wall or footing placed in the right-of-way without approval is an obstruction the city can order removed under Sec. 114-6, on a deadline of up to 15 days from written notice. If the owner does not comply, code enforcement can perform the removal itself, bill the owner, and file a lien with the county clerk for any unpaid cost plus ten percent annual interest.

Violations & Fines

Building or leaving an unapproved retaining wall, footing, hedge, step or fence in the right-of-way is a misdemeanor under Sec. 114-8. A first offense carries a fine of $100.00 to $2,000.00; a second offense, $200.00 to $2,000.00; a third or later offense, $500.00 to $2,000.00. The city can also abate the encroachment itself after notice and bill the owner, filing a lien against the property if the bill goes unpaid.

Frequently Asked Questions

Do I need a permit to build a retaining wall in New Braunfels?
Not if it is 4 feet or less from the bottom of the footing to the top and is not holding back a surcharge load or a Class I, II or IIIA liquid; the city's adopted building code exempts those walls under Sec. 14-27(e). Taller or load-bearing walls need a building permit, and Appendix D charges $0.50 per linear foot for walls over 24 inches.
Can I build a retaining wall in the street right-of-way?
No. Sec. 114-1 requires retaining walls, like hedges, steps and fences abutting a street or alley, to sit entirely on private property. Only a wall's footing may extend beneath the right-of-way surface, and only with the director of public works' approval. The wall's design must also be approved by the city engineer.
What happens if my retaining wall violates the code?
It is a misdemeanor under Sec. 114-8, with fines from $100.00 up to $2,000.00 that carry a higher minimum for repeat offenses. The city can also order the encroachment removed within 15 days, do the removal itself if you do not comply, and place a lien on your property for the cost under Sec. 114-6.
Who reviews retaining wall designs in New Braunfels?
The city engineer approves the design of any retaining wall covered by Sec. 114-1, and the Building Safety Division created under Sec. 14-1 enforces the building code's permit and construction requirements for walls over 4 feet or those carrying a surcharge or liquid load.

Sources & Official References

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