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Upland, CA Fence Regulations: Retaining Walls (2026)

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

Key Facts

Governing law
Upland Municipal Code § 15.04.050, item 4
Exempt height
3 feet or less
Measured from
Bottom of footing to top of wall
Surcharge walls
Always need a permit
Flammable-liquid walls
Always need a permit

Summary

Upland exempts retaining walls up to 3 feet, measured from the bottom of the footing to the top of the wall, from needing a building permit, unless the wall supports a surcharge or impounds Class I, II, or III-A flammable or combustible liquids. Taller or surcharge-bearing walls need engineered plans and a permit.

105.2 Building Permits. A permit shall not be required for the types of work in each of the separate classes of permit as listed below... 4. Retaining walls which are not over 3′ in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A flammable or combustible liquids.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4480959; v4 updated 2025-09-22).

Full Breakdown

' The measurement point matters: the 3-foot line runs from the bottom of the footing, not just the exposed face of the wall, so a wall that looks 3 feet tall above grade can still require a permit once the buried footing depth is counted. The exemption also has two carve-outs that apply regardless of height: a retaining wall that supports a surcharge, meaning it holds back additional load such as a slope, driveway, or structure above the retained soil, or one that impounds flammable or combustible liquids in the listed hazard classes, needs a permit no matter how short it is. 070.

Violations & Fines

Constructing a retaining wall that exceeds the 3-foot exemption, or one that supports a surcharge or impounds flammable liquids, without a permit is a building-and-safety violation under Chapter 1.22; § 1.22.040(B) sets a maximum administrative fine of $130 for a first infraction, $700 for a second within 12 months, and $1,300 for each subsequent offense.

Frequently Asked Questions

How tall can a retaining wall be in Upland without a building permit?
Section 15.04.050, item 4 exempts retaining walls up to 3 feet, measured from the bottom of the footing to the top of the wall, from needing a permit, unless the wall supports a surcharge or impounds Class I, II, or III-A flammable or combustible liquids.
Does a retaining wall that holds up a driveway need a permit even if it's under 3 feet?
Yes. Section 15.04.050 removes the exemption for any retaining wall that supports a surcharge, which includes a load such as a driveway, slope, or structure bearing on the retained soil, regardless of the wall's height.
Is the 3-foot retaining wall exemption measured from the ground surface?
No. Section 15.04.050 measures the exempt height from the bottom of the wall's footing to the top of the wall, not from visible grade, so a wall with a deep footing can exceed the exemption even if it looks short above ground.

Sources & Official References

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