Portsmouth, VA Fence Regulations: Retaining Walls (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.
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?
How is the height measured when a fence sits on a retaining wall in Portsmouth?
Do I need a permit to build a retaining wall with a fence on top in Portsmouth?
Sources & Official References
Other rules in Portsmouth
Compare Portsmouth to another location·View the Virginia fence regulations overview
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