New Braunfels, TX Fence Regulations: Retaining Walls (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.
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?
Can I build a retaining wall in the street right-of-way?
What happens if my retaining wall violates the code?
Who reviews retaining wall designs in New Braunfels?
Sources & Official References
Other rules in New Braunfels
Texas rules heatmap·Compare New Braunfels to another location·View the Texas fence regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.