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Planning commission moves to allow retaining walls in setbacks with conditions, adds engineering trigger above 4 feet

2661906 · March 3, 2025
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Summary

Commissioners voted to recommend language for amending Chapter 38 to allow fences, freestanding walls, retaining walls and appurtenances to be located in setbacks provided they remain on the property; engineering is required for walls above 4 feet.

The Oconee County Planning Commission voted March 3 to recommend amending Chapter 38 to clarify whether retaining walls may be located within required setbacks.

Planning staff explained that setbacks are measured from the property line and generally prohibit vertical structures within that buffer, though driveways, sidewalks, fences and some appurtenances may be allowed. Public commenter Tom Markovich urged the commission to add retaining walls to the list, noting the need for clear language so future staff can interpret the rule consistently.

Commission discussion reviewed construction techniques and potential impacts: Roads and Bridges staff explained that geogrid and other tie-back methods used behind retaining walls can extend onto adjoining property if not carefully designed, and that designers must account for where geogrid anchors and "dead men" will sit. The commission noted state law already prohibits directing stormwater onto neighbors and that development regulations require property owners to manage stormwater they create.

Commissioners agreed that an engineering requirement should trigger for retaining walls above 4 feet in height; an engineer would then determine required setback or support details to ensure the wall remains on the property and does not adversely affect adjacent parcels. A motion passed to add retaining walls to the list in section 38-9.3(j) so that "fences, freestanding walls, retaining walls, and appurtenances, hedges, and septic lines may be located in any setbacks as long as they remain on the property," with engineering required above 4 feet.

Staff said the change will be forwarded to County Council for formal amendment of Chapter 38.