Madison County, IL Fence Regulations: Retaining Walls (2026)
Key Facts
- Right-of-way retaining walls
- Need Building and Zoning Committee OK
- Slope-exceeding walls
- Need abutting owner's written consent
- Slope-exceeding walls, second approval
- Planning Commission and County Board
- Grading slope cap without a wall
- 5 horizontal to 1 vertical, within 25 ft of line
- Fill permit fee
- $75 flat fee
Summary
Retaining walls in unincorporated Madison County cannot go in a public street or alley right-of-way without Building and Zoning Committee approval, and one built to exceed the county's grading slope limit needs the abutting owner's written consent plus Planning Commission and County Board sign-off.
(D) No permanent fences. No permanent fence, retaining wall, or obstruction shall be constructed or erected within any public street or alley right-of-way unless authorized by the Building and Zoning Committee. ... In no case shall any slope exceed the normal angle of slippage of the soil involved and no fill shall be placed in the five-foot grassy buffer area. The total elevation change shall not exceed the total elevation of the maximum slope ratio. The exception to this shall be where retaining walls are built with the written consent of the abutting property owner and with the approval of the Planning Commission and County Board.
Full Breakdown
Two separate chapters touch retaining walls. 080(D) of the zoning code bars any permanent fence, retaining wall, or obstruction within a public street or alley right-of-way unless the Building and Zoning Committee authorizes it; a wall built on a public easement or across a ditch must be constructed so it does not block drainage, and the wall's owner is responsible for removing or replacing it whenever maintenance or another need requires. 133 of the stormwater drainage chapter caps how much grading or filling a property owner can do near a property line: no change in topography within 25 feet of the line can create a slope steeper than five horizontal to one vertical, and a 5-foot grassy buffer along the property line must stay free of fill.
A retaining wall is the code's built-in exception to that slope cap, but only if the abutting property owner gives written consent and both the Planning Commission and the County Board approve the wall. Grading and fill work more broadly runs through Chapter 114's fill-permit process: a fill permit application must show existing elevations, the fill route, quantity, and erosion-control method, neighboring owners are notified, and the Building and Zoning Department collects a $75 flat permit fee before work begins.
Violations & Fines
Building a retaining wall in a public right-of-way without Building and Zoning Committee authorization violates § 93.080(D) and is punishable under § 93.999 with a fine of $10 to $500 per offense, each day counted separately. A retaining wall built to exceed the county's slope limits without the neighbor's written consent and Planning Commission/County Board approval is enforced under the fill-permit penalty provisions of § 114.999.
Frequently Asked Questions
Do I need county approval to build a retaining wall near my property line?
Can I put a retaining wall in the road right-of-way?
Who pays to remove a retaining wall built on a public easement?
Is there a fee for a grading or fill permit tied to a retaining wall project?
Sources & Official References
Other rules in Madison County
Compare Madison County to another location·View the Illinois fence regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.