Tempe, AZ Fence Regulations: Retaining Walls (2026)
Key Facts
- Governing section
- Tempe City Code Sec. 8-105.2(g)
- Permit-exempt height
- 4 feet, footing to wall top
- Lost exemption trigger
- Surcharge load or Class I-IIIA liquids
- Unpermitted work penalty
- $400-$1,000/violation, $2,000/day cap
- Alt. penalty
- Class 1 misdemeanor, up to $2,500 + 6 mo.
Summary
Tempe exempts a retaining wall from a building permit only if it is 4 feet or less, measured from the bottom of the footing to the top of the wall, under City Code Sec. 8-105.2(g); taller walls, or any wall holding back Class I-IIIA liquids, need a permit.
g. Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, provided the wall is not supporting a surcharge or impounding Class I, II or IIIA liquids.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).
Full Breakdown
Sec. ' Measuring from the footing bottom rather than finished grade means a wall with a deeper foundation counts its full buried height toward the four-foot threshold, not just the visible above-ground portion. The exemption is lost, and a permit becomes mandatory, if the wall is designed to hold back a surcharge load (such as a slope, driveway or structure above it) or is impounding flammable or combustible liquids in the listed hazard classes. A permit exemption under Sec. or any other laws or ordinances of the City of Tempe,' so an exempt short wall must still meet applicable zoning setbacks and engineering practice.
Where a permit is required for a taller or surcharge-bearing wall, the application must go through the same Sec. 3 process as any other building permit, including construction documents, a stated valuation, and payment of the plan-review fee once the application is administratively complete, with the building official authorized to reject an application that fails to conform to code requirements.
Violations & Fines
Building a retaining wall that exceeds the four-foot exemption, or one that impounds a surcharge or Class I-IIIA liquids, without first obtaining a permit exposes the owner to the general Chapter 8 violation penalties under Sec. 8-114.4: a civil sanction of $400 to $1,000 per violation (capped at $2,000 per day per property) or prosecution as a Class 1 misdemeanor carrying up to $2,500 in fines and up to six months in City jail, with each day of continuing violation treated as a separate offense.
Frequently Asked Questions
Do I need a permit to build a retaining wall in Tempe?
How is the 4-foot retaining wall limit measured in Tempe?
What happens if I build an oversized retaining wall without a Tempe permit?
Sources & Official References
Other rules in Tempe
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