Woodbury, MN Fence Regulations: Retaining Walls (2026)
Key Facts
- Exemption trigger
- Valid building permit for the retaining wall
- Height cap for exemption
- 5 feet unsupported height
- Beyond the cap
- Separate land disturbance permit required
- Governing chapter
- Chapter 7, Land Disturbance Ordinance
- Penalty
- Misdemeanor fine or jail under Sec. 7-17
Summary
Woodbury exempts a retaining wall built under a valid building permit from the separate land disturbance permit only while its unsupported height stays five feet or less; taller walls trigger the additional permit under City Code Sec. 7-5(2), enforced through chapter 7's excavation review.
(2)An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt the requirement for a permit for a land disturbing activity resulting from the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 48).
Full Breakdown
Chapter 7, the Land Disturbance and Erosion and Sediment Control Ordinance, generally requires a land disturbance permit for excavation work in Woodbury. Section 7-5 lists exemptions from that permit, and subsection (2) covers excavation below finished grade for a retaining wall (or basement or footing) authorized by a valid building permit. That exemption is narrow: it does not excuse the excavated material itself from separate permitting requirements, and it does not apply at all once the retaining wall's unsupported height exceeds five feet after construction is complete.
In practice, a homeowner or contractor with a valid building permit for a retaining wall five feet tall or shorter can proceed without a separate land disturbance permit, but any taller wall pulls the project back under the full chapter 7 permit process, including the application, plans and specifications, and financial security requirements described in sections 7-6 through 7-8. Section 7-12 also requires cut and fill slopes near a retaining wall to observe setback distances from site boundaries, and the city can require additional setbacks, retaining walls, or erosion controls under 7-12(c) where a fill slope sits near an adjoining developed property.
Violations & Fines
Excavating for or completing a retaining wall with an unsupported height greater than five feet without first obtaining the chapter 7 land disturbance permit is a misdemeanor under Sec. 7-17, punishable by a fine or imprisonment in the county jail as specified by state statute, in addition to suspension or revocation of any permit already issued for the project.
Frequently Asked Questions
Do I need a permit to build a retaining wall in Woodbury?
What happens if my retaining wall is taller than five feet?
Who enforces retaining wall excavation rules in Woodbury?
Sources & Official References
Other rules in Woodbury
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