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Weston, FL Fence Regulations: Retaining Walls (2026)

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

Key Facts

Governing chapter
Weston Code Ch. 64, Floodplain Management
Trigger
Retaining wall placing fill in a regulated Floodway
Permit required
Floodplain Development Permit from Floodplain Administrator (§64.30)
Engineering standard
No increase in Base Flood Elevation allowed (§64.73(D))
Analysis required
Floodway Encroachment Analysis under §64.37(C)(1)
First-violation fine
Up to $1,000 per day citywide (§2.99)

Summary

In the City of Weston, Florida, a retaining wall counts as regulated Development the moment it involves placing fill inside a mapped regulated Floodway. The Floodplain Administrator and Building Official require a Floodplain Development Permit before work starts, and the applicant must first prove through a Floodway Encroachment Analysis that the wall will not raise the Base Flood Elevation.

64.73(D) Limitations on sites in regulatory Floodways. No Development , including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory Floodway unless the Floodway Encroachment Analysis required in § 64.37(C)(1) demonstrates that the proposed Development or land disturbing activity will not result in any increase in the Base Flood Elevation . ... 64.77(C) Retaining walls, Sidewalks and driveways in regulated Floodways. Retaining walls and Sidewalks and driveways that involve the placement of fill in regulated Floodways shall meet the limitations of § 64.73(D).

Full Breakdown

Weston Code of Ordinances Chapter 64, the city's floodplain management chapter, addresses retaining walls directly at Section 64.77(C): "Retaining walls, Sidewalks and driveways in regulated Floodways" that involve placing fill "shall meet the limitations of Section 64.73(D)." That referenced standard, Section 64.73(D), bars any development in a regulatory Floodway, including fill or regrading, "unless the Floodway Encroachment Analysis required in Section 64.37(C)(1) demonstrates that the proposed Development or land disturbing activity will not result in any increase in the Base Flood Elevation." In practice, a homeowner or contractor building a terraced or freestanding retaining wall on a lot that falls within a mapped regulated Floodway must submit engineering showing the wall and any associated fill will not push floodwaters higher before the city will authorize the work.

Section 64.30 requires the owner or an authorized agent to apply to the Floodplain Administrator, and the Building Official where applicable, and to obtain the required permits before any qualifying development begins; Section 64.31 confirms a Floodplain Development Permit or Approval can be required in addition to a standard Building Permit. This floodway-specific engineering trigger applies only where fill is placed inside a regulated Floodway; it does not itself set a citywide retaining wall height limit outside that zone.

Violations & Fines

Section 64.60 makes it a violation to perform Chapter 64 development without an issued permit, in conflict with a permit, or without full compliance; a structure lacking required elevation or design documentation is presumed noncompliant until proven otherwise. Section 64.61 lets the Floodplain Administrator issue a notice of violation or a stop-work order. Chapter 64 sets no separate fine, so the citywide Section 2.99 penalty applies: up to $1,000 daily for a first violation, $5,000 daily for a repeat, or $15,000 if irreparable, plus up to 60 days imprisonment.

Frequently Asked Questions

Does every retaining wall in Weston need a Floodway Encroachment Analysis?
No. That analysis is required only under Section 64.73(D), when the wall involves placing fill inside a mapped regulated Floodway, as Section 64.77(C) specifically states; retaining walls built elsewhere in the city are not reached by this particular floodway-specific engineering trigger at all.
Who issues the permit for a retaining wall built inside a regulated Floodway?
Section 64.30 directs the owner or an authorized agent to apply to the Floodplain Administrator, and the Building Official where applicable, and Section 64.31 confirms a separate Floodplain Development Permit or Approval can be required alongside a standard Building Permit.
What happens if a retaining wall is built in a Floodway without the required analysis?
Section 64.60 deems the work a violation of Chapter 64, and Section 64.61 authorizes the Floodplain Administrator to serve a notice of violation or a stop-work order, exposing the owner to fines and penalties under the citywide Section 2.99 penalty scale.

Sources & Official References

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