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Surry County, NC Fence Regulations: Retaining Walls (2026)

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

Key Facts

Governing section
154.017-07(I)(2) floodway retaining walls
Engineering standard
154.017-10(B)(1) no-rise certification required
Enforcing office
Zoning Administrator as Floodplain Administrator
First citation fine
$50 (second/third citations $100)
Appeal window
30 days to Board of Adjustment
Ordinance adopted
April 17, 2023

Summary

In unincorporated Surry County, North Carolina, a retaining wall built in a regulated floodway or non-encroachment area that involves placing fill has to meet the floodway limitations in the county's flood damage prevention rules. The Planning and Development Department's Floodplain Administrator will not allow the encroachment unless a registered North Carolina professional engineer certifies, through hydrologic and hydraulic analysis, that the wall will not raise base flood levels during a flood.

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

(I) Other development. ... (2) 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 § 154.017-11. ... (1) No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood. Such certification and technical data shall be presented to the Floodplain Administrator prior to issuance of floodplain development permit;

Full Breakdown

Surry County's flood damage prevention chapter, adopted by the Board of Commissioners on April 17, 2023, treats retaining walls the same as fences, sidewalks and driveways when they sit inside a mapped floodway or non-encroachment area (NEA): under Section 154.017-07(I)(2), any retaining wall, sidewalk or driveway that places fill inside a regulated floodway or NEA must meet the chapter's floodway limitations. Those limitations, at Section 154.017-10(B)(1), bar any encroachment, including fill, unless a registered North Carolina professional engineer performs a hydrologic and hydraulic no-rise analysis showing the wall will not increase base flood elevations, and submits that certification and supporting technical data to the Floodplain Administrator before a floodplain development permit is issued.

The Zoning Administrator serves as Floodplain Administrator and reviews the permit application alongside the standard zoning permit required under Section 154.017-03. Floodways carry extra restrictions beyond ordinary flood-hazard areas: Section 154.017-10 also bars new manufactured homes except as replacements, reflecting how hazardous these mapped channels are considered. A homeowner or contractor who skips the certification and builds anyway is in violation of Chapter 154 generally, not just the floodplain subchapter, because Section 154.005-10 makes any construction without required approvals unlawful. The Zoning Administrator can issue a written notice of violation describing the problem and the required fix, and a violator who disputes the finding has 30 days to appeal to the Board of Adjustment under Section 154.005-05(C).

Because a floodway retaining wall touches both zoning and flood-hazard rules, homeowners should confirm with the Planning and Development Department whether their parcel falls inside a mapped floodway or NEA before starting work, since the engineering-certification requirement does not apply outside those mapped zones.

Violations & Fines

Building or altering a retaining wall in a mapped floodway without the required engineering certification is an unlawful development activity under Section 154.005-10. The Zoning Enforcement Officer can issue a warning citation giving 15 days to correct the problem under Section 154.005-11(B), then a $50 first citation, $100 for a second citation on the same violation, and $100 for each citation after that. Each day the wall remains uncertified counts as a separate violation, and the county can also seek a court injunction ordering removal.

Frequently Asked Questions

Do I need a permit for a retaining wall in a Surry County floodway?
Yes. If the wall sits in a mapped floodway or non-encroachment area and involves fill, Section 154.017-07(I)(2) requires it to meet the same no-encroachment limitations as other floodway development, and the Floodplain Administrator will not issue a floodplain development permit without the engineer's certification.
What if my retaining wall is outside the mapped floodway?
The Section 154.017-10 no-rise certification only applies inside a designated floodway or non-encroachment area shown on the county's flood maps. Walls elsewhere still fall under the county's general flood-hazard elevation and setback standards in Sections 154.017-06 and 154.017-07, so check the FIRM map with Planning and Development first.
What happens if I build the wall without certification?
The county can issue a notice of violation under Section 154.005-10, followed by civil citations of $50 then $100 per Section 154.005-11(B), with each day of noncompliance treated as a separate violation, and it can seek a court order requiring the wall's removal.

Sources & Official References

Other rules in Surry County

All Surry County rules

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