Sampson County, NC Fence Regulations: Retaining Walls (2026)
Key Facts
- Trigger
- Any fill placement for a wall inside a regulated floodway
- No-rise test
- Engineer certifies zero increase in base flood levels
- Alternative
- FEMA-approved CLOMR, then LOMR within six months
- Also covers
- Fences, sidewalks, driveways, roads, and watercourse crossings
- Penalty for violation
- Class 1 misdemeanor, up to $100 fine, 30 days jail
Summary
A retaining wall, sidewalk, or driveway that places fill inside a regulated floodway or non-encroachment area in unincorporated Sampson County must clear a no-rise engineering test in Sec. 2-3-05.F before the Floodplain Administrator will permit it. Sec. 2-3-05.B(10)(b) triggers that review any time the wall's fill placement falls inside a mapped floodway.
(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 subsection 2-3-05.F of this ordinance. ... No encroachments, including fill, new construction, substantial improvements ... and other developments shall be permitted unless: (a) 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 Floodplain Administrator prior to issuance of floodplain development permit; or (b) 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.
Full Breakdown
Sec. 2-3-05.B(10)(b) pulls any retaining wall, sidewalk, or driveway that places fill inside a regulated floodway or non-encroachment area (NEA) into the stricter standards of Sec. 2-3-05.F. Under that section, no fill, new construction, or substantial improvement is allowed in a floodway or NEA unless the applicant either (a) submits a hydrologic and hydraulic engineering analysis to the Floodplain Administrator, before permit issuance, demonstrating the wall will cause no increase in base-flood flood levels, or (b) obtains a FEMA-approved Conditional Letter of Map Revision (CLOMR) and then a final Letter of Map Revision (LOMR) within six months of finishing the work.
Once either path is satisfied, the wall must still meet every other flood-hazard-reduction standard in the ordinance, including anchoring against flotation and collapse under Sec. 2-3-05.A(1) and flood-resistant materials. The same 2-3-05.F limitation also reaches fences that could block floodwater flow, such as stockade or wire-mesh fencing under Sec. 2-3-05.B(10)(a), and roads, bridges, culverts, and low-water crossings under Sec. 2-3-05.B(10)(c), so a retaining wall project along a driveway or road approach in the floodway can trigger more than one of these encroachment reviews at once.
Violations & Fines
Placing fill for a retaining wall inside a regulated floodway or NEA without a no-rise certification or a CLOMR/LOMR is an unpermitted encroachment under Sec. 2-3-05.F, and it carries the same Class 1 misdemeanor as any other Flood Damage Prevention Ordinance violation under Sec. 2-3-03.H: up to a $100 fine, 30 days in jail, or both. The Floodplain Administrator can also order the fill removed through the corrective-action process in Sec. 2-3-04.D, which starts with a hearing within 10 days and gives the owner 60 to 180 days to comply, or issue an immediate stop-work order.
Frequently Asked Questions
Can I build a retaining wall in Sampson County's regulated floodway?
What is a no-rise certification for a Sampson County retaining wall?
What is a CLOMR and when does my wall need one?
What happens if I build a retaining wall in the floodway without approval?
Sources & Official References
Other rules in Sampson County
Compare Sampson County to another location·View the North Carolina fence regulations overview
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