Tustin, CA Fence Regulations: Retaining Walls (2026)
Key Facts
- Permit authority
- Street Commissioner, Sec. 7231
- Issuance fee
- $1.00 flat fee, Sec. 7232e
- Engineering deposit
- 2x actual cost, Sec. 7232f
- Work must start
- Within 60 days, Sec. 7232l
- Soils report trigger
- Over 5 ft unsupported cut, Sec. 8029
- Violation
- Misdemeanor, Sec. 7238
Summary
In the City of Tustin, retaining walls built in the public right-of-way need a construction permit from the Street Commissioner before work starts. Tustin City Code Sec. 7231 makes it unlawful to lay, construct or repair a retaining wall, curb, driveway or storm drain across any highway without one. On private lots, footing excavation beyond five feet unsupported triggers a soils report under the grading code.
It shall be unlawful for any person to lay, construct or repair any curb, sidewalk, gutter, driveway, roadway surface, retaining wall or storm drain or culvert in, over, along, across or through any highway without first obtaining a permit therefor from the Commissioner as herein provided.
Full Breakdown
Sec. 7231 of the Tustin City Code puts retaining walls in the same permit category as curbs, sidewalks, gutters, driveways and storm drains: any of that work done in, over, along, across or through a highway requires a permit from the City's Street Commissioner before a shovel goes in the ground. The application, governed by Sec. 7232, must describe the location, nature and extent of the work and the materials used, and the Commissioner can demand plans prepared by a competent engineer whenever the scope of work calls for it.
Every application carries a one dollar issuance fee, plus for work beyond a standard driveway or sidewalk an engineering and inspection deposit set at twice the City's actual cost, per Sec. 7232e and 7232f. Once issued, the permit holder has sixty days to start work and must then finish it in a diligent, workmanlike manner under Sec. 7232l; the Commissioner can cancel a permit that sits idle past that window under Sec. 7232m. For retaining walls built on private property away from the right-of-way, the trigger shifts to the City's grading ordinance, Sec.
8901 through 8919. That ordinance exempts an excavation for a retaining wall's footing from a separate grading permit only when it is authorized by a valid building permit and the unsupported cut does not exceed five feet in depth; go deeper and the Building Official can require a soil or geology report for the foundation design under Sec. 8029. The Building Official can also order repair of an existing retaining wall, excavation or embankment found to be a hazard to life, property, or a public way or drainage channel, under Sec. 8916.
Violations & Fines
Doing retaining wall work without the Sec. 7231 permit, or performing it in a way that departs from the permit's terms, is a misdemeanor under Sec. 7238. Tustin's general penalty section, Sec. 1121, backs that up with fines up to $500 per infraction that rise with repeat violations within a year, or, for a misdemeanor, up to $1,000 and six months in the Orange County jail; building and safety code violations carry their own escalating fine schedule up to $1,000 for a third offense within a year.
Frequently Asked Questions
Do I need a permit to build a retaining wall in Tustin?
Who reviews retaining wall plans in Tustin?
When does a Tustin retaining wall need a soils engineer's report?
What happens if I build a retaining wall without a permit?
Sources & Official References
Other rules in Tustin
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