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Howard County, MD Fence Regulations: Retaining Walls (2026)

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

Key Facts

Permit threshold
Over 3 ft from lowest adjacent grade
Floodplain
Exemption void inside mapped floodplain
Plans
2 sets, elevations, cross sections may apply
Enforcing agency
Dept. of Inspections, Licenses and Permits
Appeals
Go to Howard County Board of Appeals

Summary

A retaining wall in Howard County needs no building permit if it is 3 feet or less, measured from the lowest adjacent grade to the top of the wall; anything taller requires a permit under County Code Section 3.101(b)(26).

These county ordinances apply to unincorporated areas of Howard County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(26)Subsection 105.2 Work exempt from permit....(vii)Add the following as item 14 at the end of this Subsection:14.The following work on existing single-family dwellings:...d.Site work:1.Paving driveways;2.Installation of patios, sidewalks, or landscaping;3.Installation of retaining walls that are 3 feet or less in height measured from the lowest adjacent grade to the top of the wall; or4.Installation of flagpoles or flagpole bases.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 91 | Zoning: Supplement 25).

Full Breakdown

2. Any wall taller than that 3-foot threshold falls outside the exemption and needs a full permit application. 3 requires that application to name the owner, the owner's agent, lessee, or the registered design professional performing the work, plus their addresses, and if the applicant is a business entity, the names and addresses of the people who manage it. 1 lets the Building Official require submitted plans, typically two sets of scaled construction documents showing plans, four elevations and cross sections, and either four copies of a plot plan or one copy of an approved site development plan when the Howard County Subdivision Regulations call for one; for a minor wall the Building Official may waive that documentation and instead accept plot plans alone.

The exemption does not apply to structures in the floodplain, so even a low retaining wall on floodplain property can trigger the permit requirement. Once the wall requires a permit, the Department of Inspections, Licenses and Permits reviews and issues it, and the Building Official may periodically inspect the completed work. 1.

Violations & Fines

An unpermitted retaining wall over 3 feet is enforced the same way as any other Building Code violation: the Building Official can issue a stop-work order under Section 115, withhold further inspections or permits under Section 114.5 until the wall is brought into compliance and fees are paid, and refer the matter for civil penalties under Title 24, with a first offense a Class C violation, a repeat offense Class B, and each day counted separately.

Frequently Asked Questions

How tall can a retaining wall be without a permit in Howard County?
Up to 3 feet, measured from the lowest adjacent grade to the top of the wall. County Code Section 3.101(b)(26) exempts walls at or under that height from a building permit; anything taller needs a full application.
What plans do I need for a retaining wall permit?
The Building Official can require two sets of scaled construction documents with plans, four elevations and cross sections, plus a plot plan or approved site development plan under Section 107.2.1.1, though the requirement can be waived for a minor wall in favor of plot plans alone.
Does the floodplain change the retaining wall permit rule?
Yes. The 3-foot exemption does not apply to structures located in the floodplain, so a low retaining wall there can still need a permit even though the same wall would be exempt elsewhere in the county.

Sources & Official References

Other rules in Howard County

All Howard County rules

Compare Howard County to another location·View the Maryland fence regulations overview

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