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Odessa, TX Fence Regulations: Retaining Walls (2026)

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

Key Facts

Retaining wall threshold
18 inches or less in height
Fence threshold
19 inches or taller
ROW permit for retaining wall
Not required
Governing code
City Code § 3-15-184(6)
Applies to
Walls built in the street right-of-way

Summary

Odessa treats retaining walls in the street right-of-way as anything 18 inches or shorter: no street use permit required, unlike taller fence-height walls that do need one.

For the purposes of this section, a fence shall be a wall type structure, nineteen (19) inches or greater in height, constructed parallel and/or perpendicular to the street. A wall type structure that is eighteen (18) inches or less in height shall be considered a retaining wall. Construction of a retaining wall in the right-of-way does not require a street use permit, but must comply with all other provisions of this division.

View official code

Full Breakdown

Odessa's right-of-way construction ordinance draws a bright line at 19 inches: any wall-type structure built parallel or perpendicular to a street that reaches 19 inches or taller counts as a fence and needs a street use permit under Section 3-15-183. Anything 18 inches or under is classified as a retaining wall instead, and the city exempts it from that permit requirement. The exemption only covers the permit itself, retaining wall construction in the right-of-way still has to meet every other requirement in the city's right-of-way construction division, including materials, grading and inspection standards.

Violations & Fines

Building a taller wall-type structure in the right-of-way without the street use permit fences require, or ignoring the division's construction, grading and inspection standards, can bring removal orders and code-enforcement penalties under Chapter 3.

Frequently Asked Questions

Do I need a permit to build a retaining wall in Odessa's street right-of-way?
No. City Code § 3-15-184(6) exempts a retaining wall 18 inches or less in height from the street use permit fences require, though it still must meet the right-of-way division's other rules.
What height turns a retaining wall into a fence under Odessa's code?
Nineteen inches. Any wall-type structure in the right-of-way built parallel or perpendicular to the street that reaches 19 inches or taller is legally a fence, not a retaining wall, and needs a street use permit.

Sources & Official References

Other rules in Odessa

Neighbor Fence RulesFew RestrictionsMaterial RestrictionsSome RestrictionsNoise Ordinances: Amplified Music & Outdoor SoundSome RestrictionsNoise Ordinances: Decibel LimitsSome RestrictionsParking Rules: Loading ZonesSome RestrictionsAnimal Ordinances: Mandatory Spay/NeuterHeavy RestrictionsAnimal Ordinances: Pet Store RulesSome RestrictionsLandscaping Rules: Artificial TurfSome Restrictions

All Odessa rules

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