Skip to main content
CityRuleLookup

Portsmouth, VA Fence Regulations: Retaining Walls (2026)

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

Key Facts

Combined height rule
fence plus retaining wall can't exceed normal max
Measured from
finished grade at highest point
Permit required
Zoning Permit under Sec. 40.2-305(B)(2)
Over 8 ft
needs a Special Exception, Sec. 40.2-535
Governing section
Sec. 40.2-305(D)(3)

Summary

Stack a fence on top of a retaining wall in Portsmouth and the combined height still can't exceed the district's normal fence-height limit. Sec. 40.2-305(D)(3) measures the total from finished grade at the wall's base, not just the fence portion.

(3)Maximum Height Requirements for Fences and Walls. In all cases, fence and wall heights are measured from finished grade on the highest point of the fence or wall. If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone.

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 65).

Full Breakdown

Portsmouth's zoning code doesn't set a separate retaining-wall height table; instead it folds a retaining wall into the same fence-height rule as any other wall. Sec. 2-305(D)(3) states that fence and wall heights are measured from finished grade on the highest point of the fence or wall, and then adds the specific retaining-wall rule: if a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone.

In practice, that means a property owner cannot use a retaining wall to gain extra fence height. 2-305 caps a residential side yard fence at 6 feet, a 3-foot retaining wall topped with a fence can add no more than 3 feet of fence, for the same 6-foot combined total, rather than 6 feet of retaining wall plus 6 feet of fence on top of it. Because retaining walls fall under the same section's applicability clause, Sec. 2-305(B)(2), constructing a wall that will support a fence still requires the same Zoning Permit as any other fence or wall project, reviewed for compliance with the height standards before the permit issues under (B)(3).

Violations & Fines

A fence-and-retaining-wall combination that exceeds the district's maximum height, without an approved security plan under Sec. 40.2-305(E) or a Special Exception under Sec. 40.2-535 for anything over 8 feet, is enforced as a general zoning violation. Sec. 40.2-553 makes it a misdemeanor with a fine up to $1,000, rising to $1,500 and then $2,000 for each ten-day period it remains uncorrected after conviction.

Frequently Asked Questions

Can I build a taller fence in Portsmouth by putting it on top of a retaining wall?
No. Sec. 40.2-305(D)(3) specifically closes that loophole: the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone, so the retaining wall counts against the same limit as the fence.
How is the height measured when a fence sits on a retaining wall in Portsmouth?
From finished grade at the base of the retaining wall to the top of the fence. Sec. 40.2-305(D)(3) measures fence and wall height from finished grade on the highest point of the fence or wall, treating the two as one combined structure for height purposes.
Do I need a permit to build a retaining wall with a fence on top in Portsmouth?
Yes. It's still a wall/fence project under Sec. 40.2-305(B)(2), which requires a Zoning Permit for any fence or wall construction, reviewed for compliance with the height table before the permit issues.

Sources & Official References

Other rules in Portsmouth

All Portsmouth rules

Compare Portsmouth to another location·View the Virginia fence regulations overview

Get notified when Retaining Walls in Portsmouth, VA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.