Rio Rancho, NM Fence Regulations: Retaining Walls (2026)

Under Rio Rancho Municipal Code Section 154.77(A), a RETAINING WALL is any structure intended to retain more than 18 inches of soil or similar material. The City's Fence/Shed/Retaining Wall permit packet states that a retaining wall requires engineered, stamped plans, and the Development Services application lists a retaining-wall permit fee of $48.90 with the note to attach an engineering plan. This is stricter than an ordinary fence (which carries a $10 fee and no engineering requirement). The code closely links retaining walls to fence-height enforcement: under Section 154.77(E), it is considered a subterfuge of the chapter to pile or berm dirt and then measure a fence from the top of a 'pseudo' retaining wall. Where a fence is placed on top of a legitimate retaining wall, the fence height is measured from the grade level of the retained material behind the wall (the highest soil point), not from the base of the wall. A change in grade to achieve a consistent overall grade requires approval by the Development Services Department. Beyond Rio Rancho's zoning rules, structural design and safety of retaining walls fall under New Mexico's adopted building code administered through the Construction Industries Division, which is why the City requires an engineer's stamp.