Monterey County, CA Fence Regulations: Retaining Walls (2026)
Key Facts
- Applies to
- Unincorporated Monterey County only
- Permit trigger
- Unsupported wall height over 5 feet
- Exempt case
- Footings under a valid building permit
- Setback reduction
- Requires Building Official approval
- Enforcement
- Stop-work notice, 10 days to correct
Summary
In unincorporated Monterey County, a retaining wall built under a building permit for a structure's footings does not need a separate grading permit under Chapter 16.08, but that exemption ends once the wall's unsupported height exceeds five feet after completion. Retaining walls can also be used to reduce required cut-and-fill slope setbacks, but only with the Building Official's approval.
No person shall do, cause, permit, aid, abet, suffer, or furnish equipment or labor for any grading without first obtaining a grading permit from the Building Official, subject to the following exceptions:
...C.Basements and Footings. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit; this shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure;
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).
Full Breakdown
08 governs grading, which includes excavation for retaining walls, in the unincorporated area only; incorporated cities such as Salinas, Monterey, Seaside, Marina, Carmel-by-the-Sea, Pacific Grove and King City set their own rules. 040 requires a grading permit from the Building Official for any excavation, subject to listed exceptions. 030, oversight by a registered civil engineer or engineering geologist. ' Minimum setbacks otherwise default to Table B of the chapter unless a soils or geology report and the approved grading plan justify a different distance. 430 and all work must halt until a valid permit is issued.
Violations & Fines
Grading without the required permit, including an over-height retaining wall built without one, lets the Building Official post the site with a 'Stop Work' notice under Section 16.08.430 and require written correction within ten days; work cannot resume until a valid grading permit is issued. Unpermitted grading tied to tree or brush clearance can also delay final map or other approvals until the soil is properly re-compacted and revegetated to prevent erosion.
Frequently Asked Questions
Does a retaining wall in unincorporated Monterey County need a permit?
Can a retaining wall be used to shrink a required setback in Monterey County?
What happens if I build a tall retaining wall without a grading permit?
Sources & Official References
Other rules in Monterey County
California rules heatmap·Compare Monterey County to another location·View the California fence regulations overview
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