Volusia County, FL Fence Regulations: Retaining Walls (2026)
Key Facts
- Height limit
- Matches the fence height table
- Measurement
- From existing grade, both sides
- Safety guardrail
- ≤25% opacity exempt from height count
- Permit exemption
- Walls ≤2 ft (footing to top)
- Always needs permit
- Surcharge or hazardous-liquid walls
- Governing sections
- § 72-282(2); Building Code § 105.2
Summary
Volusia County caps retaining wall height at the same yard limits that apply to fences, measured from existing grade on both sides of the wall, and lets a short guardrail or safety fence sit on top without adding to that height. A wall two feet or less, measured from the footing to the top, doesn't need a building permit at all unless it holds back a surcharge or hazardous liquid.
Retaining walls or retaining walls with fences on top shall not exceed the above height limitations measured from existing grade on both sides of the wall, except a guardrail or fence with an opacity of 25 percent or less erected to meet the minimum three-foot safety requirements of the Florida Building Code. ... Permits shall not be required for the following: Building: 1.Retaining walls that are not over 2 feet (1,219 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.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 108 Update 1).
Full Breakdown
Section 72-282(2) folds retaining walls into the same height table that governs ordinary fences: a retaining wall, or a fence mounted on top of one, can't exceed the six-foot side/rear-yard limit, the four-foot front-yard limit, or the three-foot atypical-lot limit set out earlier in section 72-282, and height is measured from existing grade on both sides of the wall, meaning a wall holding back a two-foot grade change on a sloped lot is measured from the lower grade, not the higher one. The section carves out one exception: a guardrail or fence with 25 percent or less opacity, built only to satisfy the Florida Building Code's minimum three-foot safety-rail requirement atop the wall, doesn't count against that height ceiling.
Separately, the county's adopted Florida Building Code, in Chapter 22, exempts small retaining walls from the building permit process entirely: any retaining wall that is two feet or less in height, measured from the bottom of the footing to the top of the wall, needs no building permit at all, unless it supports a surcharge load or impounds Class I, II or IIIA liquids. 1, typically supported by an engineer's design for the wall's structural adequacy given local soil and drainage conditions.
Violations & Fines
Building a retaining wall taller than two feet without a permit is a building-code violation the Chief Building Official can address with a stop-work order and after-the-fact permitting. Exceeding the height limit tied to fences under section 72-282(2) is separately a zoning violation. Section 1-7 sets a base fine up to $500 and 60 days in jail on conviction, and the code enforcement board can add civil fines up to $1,000 per day for a first violation and $5,000 per day for a repeat one.
Frequently Asked Questions
Do I need a permit to build a retaining wall in my yard?
How tall can my retaining wall be?
Does a tall retaining wall need an engineer?
Sources & Official References
Other rules in Volusia County
Florida rules heatmap·Compare Volusia County to another location·View the Florida fence regulations overview
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