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Rose Hill, NC Fence Regulations: Retaining Walls (2026)

Significant Restrictions

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

Key Facts

Applies only in: Regulated floodways and non-encroachment areas
Required showing: No-rise hydraulic analysis or FEMA CLOMR/LOMR
LOMR deadline: Within six months of completing the encroachment
Penalty: Class 1 misdemeanor, up to $100 fine, 30 days
General retaining walls: No separate townwide height or permit rule found

Summary

Rose Hill has no townwide retaining-wall height or permit ordinance; the only code language on retaining walls sits inside the flood damage prevention chapter and reaches only walls, sidewalks and driveways that place fill in a regulated floodway or non-encroachment area. Those projects must clear the same no-rise standard the code applies to any floodway encroachment.

(b) Retaining walls, sidewalks and driveways in regulated floodways and NEAs. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of § 150.45. ... (A) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless: (1) It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood discharge, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Flood Plain Administrator prior to issuance of flood plain development permit; or (2) A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained within six months of completion of the proposed encroachment.

View official code

Full Breakdown

45. That cross-referenced section spells out the actual test. 45(A), no encroachment, including fill, is permitted in a designated floodway or non-encroachment area unless one of two things happens: a hydrologic and hydraulic analysis, prepared to standard engineering practice and presented to the Flood Plain Administrator before the flood plain development permit issues, demonstrates the encroachment will not raise flood levels during the base flood discharge, or FEMA has approved a Conditional Letter of Map Revision (CLOMR), with a final Letter of Map Revision (LOMR) obtained within six months of finishing the work.

Outside a mapped floodway or non-encroachment area, this section does not apply, and the code does not otherwise regulate retaining wall height, materials, or permitting anywhere else in Chapter 150, 151, or 154. 04 rather than this floodway-specific no-rise rule.

Violations & Fines

Placing fill for a retaining wall, sidewalk, or driveway in a regulated floodway or non-encroachment area without the required no-rise demonstration or FEMA map revision is a Class 1 misdemeanor under § 150.99, punishable by a fine of up to $100, up to 30 days in jail, or both, with each day the encroachment remains a separate offense.

Frequently Asked Questions

Does Rose Hill require a permit for a retaining wall?

Only if the wall involves placing fill inside a regulated floodway or non-encroachment area, where § 150.41(B)(10)(b) and § 150.45 require a no-rise engineering demonstration or a FEMA map revision before work starts. The code has no separate townwide height or permit rule for retaining walls built outside those mapped flood areas.

What has to be proven before building a retaining wall in a Rose Hill floodway?

Under § 150.45(A), either a hydrologic and hydraulic analysis showing no increase in flood levels during a base flood, prepared to standard engineering practice and given to the Flood Plain Administrator before the permit issues, or FEMA approval of a Conditional Letter of Map Revision followed by a final Letter of Map Revision within six months.

What if my retaining wall is outside the mapped floodway?

Then § 150.45's no-rise rule doesn't apply. Rose Hill's code doesn't set a separate height, material, or permit standard for retaining walls outside a regulated floodway or non-encroachment area; ordinary construction would fall under the town's general building permit requirement at § 151.04 instead.

Sources & Official References

[1]Rose Hill, NC Code of Ordinances (American Legal Publishing)

Other rules in Rose Hill

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All Rose Hill rules

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