Kent County, DE Fence Regulations: Retaining Walls (2026)
Key Facts
- Permit-exempt height
- 4 feet or less (footing to top)
- Triggers for permit
- Height over 4 ft, surcharge, or liquid impoundment
- First-offense fine
- $50 to $100 per day
- Third-offense fine
- $250 to $500 per day
- Governing code
- Kent County Building Code § 105-4.B(3)
Summary
Kent County exempts retaining walls up to four feet tall from a building permit under Building Code § 105-4.B(3), measured from the bottom of the footing to the top of the wall. Any wall taller than four feet, or one holding back a surcharge load or Class I, II or IIIA liquids, needs a full building permit before construction starts.
B. Exemptions. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: ... (3) Retaining walls that are not over four 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.
Full Breakdown
A, but Subsection B lists specific exemptions from that requirement. Item (3) exempts retaining walls that are not over four feet in height, measured from the bottom of the footing to the top of the wall, unless the wall supports a surcharge load or impounds Class I, II or IIIA liquids. A retaining wall at exactly four feet and under, holding back only ordinary soil, can go in without a building permit. A applies: the owner or an authorized agent must apply to the Building Official and submit plans before work begins.
B's opening line states exemptions do not authorize work done in violation of the building code or any other County ordinance or law. Kent County lists the retaining-wall exemption alongside other minor-structure exemptions in the same subsection, including fences not over seven feet, sheds under 300 square feet, and sidewalks and driveways, all reflecting the same low-risk threshold the County uses to decide what needs permit review versus what a homeowner can build without paperwork.
Violations & Fines
Building a retaining wall over four feet without a permit, or one that retains a surcharge or Class I, II or IIIA liquids without approved plans, exposes the owner to the Kent County Code's civil penalty schedule at § 90-11.A: $50 to $100 per day for a first offense, $100 to $250 per day for a second, and $250 to $500 per day for a third, each day of noncompliance counted separately. The Building Official may also issue a cease-and-desist order under § 90-9, and defying that order is a separate misdemeanor punishable by a fine of $100 to $10,000 or up to 10 days in jail.
Frequently Asked Questions
Do I need a permit for a backyard retaining wall in Kent County?
What makes a retaining wall need a permit even under four feet?
What happens if I build a tall retaining wall without a permit?
Sources & Official References
Other rules in Kent County
Compare Kent County to another location·View the Delaware fence regulations overview
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