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Winter Haven, FL Fence Regulations: Retaining Walls (2026)

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

Key Facts

Minimum setback
5 feet from the property line
Repairs
Require a City building permit
Maintenance duty
Owner must keep wall in original condition
Height table
Retaining walls are exempt (§ 21-68(c)(6))
Governing section
ULDC § 21-68(f)-(g)

Summary

Retaining walls in Winter Haven must sit at least five feet back from the property line under Unified Land Development Code Section 21-68(g), and any repair to an existing retaining wall requires a City building permit under Section 21-68(f). Owners must also keep every retaining wall maintained to its original designed condition.

(f)The following shall apply to any fence or wall, including those identified in Section 21-68(c): The property owner shall maintain any fence, wall, or retaining wall to its original designed condition. Missing boards, pickets, posts, gates, etc. shall be replaced in a timely manner with material of the same type, quality, and finish as the existing fence or wall. Repairs to all walls of any height, any fence over six (6) feet in height, and all retaining walls shall require a building permit.(g)All retaining walls shall be installed a minimum setback of five (5) feet from the property line.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 108).

Full Breakdown

Section 21-68 of the Unified Land Development Code treats retaining walls as a distinct category from ordinary fences and walls, even though it houses the rules for all three together. Section 21-68(g) sets a flat five-foot minimum setback from the property line for every retaining wall in the City, regardless of zoning district, height, or whether the wall also functions as a decorative subdivision screening feature. That setback applies on top of the general maintenance duty in Section 21-68(f): a property owner must keep any fence, wall or retaining wall in its original designed condition, replacing missing boards, pickets, posts or gates in a timely manner with matching material, type, quality and finish.

Critically, Section 21-68(f) makes repairs to a retaining wall a permitted activity in its own right: repairs to any wall of any height, any fence over six feet, and all retaining walls all require a City building permit, not just the original installation. Retaining walls are also named among the uses exempt from the height table and material standards that apply to ordinary fences and walls under Section 21-68(c)(6), since their engineering purpose, holding back soil or grade, differs from a screening or security fence.

Where a decorative subdivision screening wall doubles as a retaining structure, the five-foot setback for retaining walls under Section 21-68(g) matches the five-foot setback Section 21-68(h)(3) sets for single-family subdivision screening walls generally, so the two standards line up rather than conflict.

Violations & Fines

Installing a retaining wall closer than five feet to the property line, or repairing one without the required City building permit, violates Section 21-68(f)-(g) and is enforceable under Section 21-6's general penalty: a fine of up to $500, with each day the violation continues treated as a separate offense until the wall is brought into compliance.

Frequently Asked Questions

How close to my property line can I build a retaining wall?
No closer than five feet. Section 21-68(g) sets a flat five-foot minimum setback from the property line for every retaining wall in Winter Haven, regardless of zoning district, lot type or wall height, and the setback applies whether or not the wall also functions as a decorative screening feature.
Do I need a permit just to fix a cracked retaining wall?
Yes. Section 21-68(f) specifically requires a City building permit for any repair to a retaining wall, not just for its original construction, and it obligates the owner to keep the wall in its original designed condition, replacing damaged material with matching type, quality and finish.
Are retaining walls exempt from the fence height table?
Yes. Section 21-68(c)(6) lists retaining walls among the uses exempt from the ordinary fence and wall height table that governs districts like AG, R-2 and C-1, but they still must satisfy the separate five-foot setback and building-permit requirements set out in Section 21-68(f) and (g).

Sources & Official References

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