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Wicomico County, MD Fence Regulations: Retaining Walls (2026)

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

Key Facts

Exempt wall height
up to 4 feet, footing to top
Permit needed above
4 feet
Exception
surcharge or Class I/II/IIIA liquid walls
Unpermitted-work penalty
4x the usual fee
Enforcing office
Chief Building Official

Summary

Retaining walls up to four feet high, measured from the bottom of the footing to the top of the wall, do not need a building permit in unincorporated Wicomico County under § 117-3E of the County Code. Taller walls, and any wall supporting a surcharge or holding back Class I, II, or IIIA liquids, need a permit regardless of height.

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

§ 117-3. Modifications to International Building Code. ... ... E. Section [A]105.2, Work exempt from permit: delete this section and replace with the following: [A] 105.2 Work exempt from permit. ... Permits shall not be required for the following: Building: ... ... 4. Retaining walls that are not over four feet (1,219 mm) 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 liquids.

Full Breakdown

2, Work exempt from permit, to list the specific improvements the County will let owners build without first applying to the Chief Building Official. ' That measurement point, from the footing rather than from grade, means a wall with a partly buried footing can end up taller than four feet above the visible ground and still fall under the height cap, since the code measures the whole wall face. The surcharge and liquid-impoundment exceptions mean a four-foot or shorter wall still needs a permit if it holds back a sloped load above it or contains flammable or combustible liquids in the fire code's Class I, II, or IIIA categories, because those conditions raise the engineering stakes regardless of height.

Any retaining wall over four feet, or one that falls into either exception, is treated like other construction under § 117-3D: the owner, authorized agent, or contractor must apply to the Chief Building Official and obtain a permit before building it. The County's parallel International Residential Code modifications at § 117-5 do not list a separate retaining wall exemption, so the four-foot threshold in § 117-3E governs residential retaining walls built in unincorporated Wicomico County as well.

Violations & Fines

Building a retaining wall over four feet, or one supporting a surcharge or impounding Class I, II, or IIIA liquids, without first obtaining a permit violates § 117-3D's permit-required rule. Under § 117-3Q, the owner must then pay four times the usual permit fee unless the missing permit is obtained within two business days of a County stop-work order, and the Chief Building Official may withhold further permits until the violation is corrected (§ 117-3I).

Frequently Asked Questions

How is a retaining wall's height measured for the Wicomico County permit exemption?
From the bottom of the footing to the top of the wall, not from visible grade. Section 117-3E sets the exemption at four feet measured that way, so a wall with a deep or buried footing counts its full height, not just what shows above ground.
Can a wall under four feet still need a permit?
Yes. Section 117-3E's exemption does not apply if the wall supports a surcharge, meaning a sloped load above it, or impounds Class I, II, or IIIA liquids, so a short retaining wall built for either purpose needs a permit from the Chief Building Official regardless of height.
Does the same four-foot rule apply to a wall built next to a house?
Yes. The County's residential code modifications at § 117-5 do not set a separate retaining wall threshold, so the four-foot exemption in the Building Code modifications at § 117-3E governs retaining walls on residential lots in unincorporated Wicomico County too.

Sources & Official References

Other rules in Wicomico County

All Wicomico County rules

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