Quick answer: In Michigan, a residential retaining wall up to 4 feet tall, measured from the bottom of the footing to the top of the wall, is exempt from a building permit unless it holds back a surcharge such as a driveway, a slope or a structure above it. Taller walls, and walls that carry a load, need a permit and usually a design. Separately, any earth change within 500 feet of a lake or stream, or over an acre in size, typically needs a soil erosion permit. Contact MISS DIG 811 before digging, and hire a contractor who can explain how the wall will drain.
Step 1: Check whether you need a permit
Building permit
Michigan uses one construction code statewide. For homes and residential accessory work, the permit exemptions are in the Michigan Residential Code rule R 408.30505. It lists as exempt a retaining wall that is not more than 4 feet in height, measured from the bottom of the footing to the top of the wall, unless it supports a surcharge. A surcharge is extra load on the soil behind the wall, for example a driveway, a parking area, a building, or a slope that keeps rising above the wall.
Two points catch people out. First, the 4 feet is measured from the bottom of the footing, not from the ground in front of the wall, so a wall that looks 3½ feet tall may be over the limit once the buried base is counted. Second, an exemption from a building permit is not an exemption from zoning. Townships and cities can still regulate where a wall goes, how close it sits to a property line, and how it changes drainage onto a neighbor's land. Call your local building or zoning office before you set a date.
Soil erosion permit
Michigan's soil erosion and sedimentation control rules (Part 91 of the Natural Resources and Environmental Protection Act) generally require a permit for earth changes that disturb one acre or more, or that are within 500 feet of a lake or stream. Near water, a permit is typically needed regardless of the size of the project. Permits come from your county enforcing agency or, in some cities, villages and townships, a municipal agency, and some have stricter local rules. Lakefront walls, seawalls and walls on a stream bank deserve an early call to that office.
Step 2: Call MISS DIG before anyone digs
Retaining walls need a trench for the base, and that is where gas, electric and fiber lines get hit. Contact MISS DIG 811, Michigan's free utility notification system, by calling 811 or submitting a request at missdig811.org. Do not start digging before the start time on your locate request.
Step 3: Plan for water
Most retaining wall problems come from water, not from the blocks. Soil behind a wall that cannot drain gets heavy, and in Michigan that water also freezes. When you compare contractors, ask each one to explain:
- What goes behind the wall: the type of drainage stone and how far back it extends.
- Where the water goes: whether there is a drain pipe at the base and where it outlets.
- What the wall sits on: the depth and material of the base, and how it is compacted.
- Whether the wall needs reinforcement, such as geogrid layers tied back into the soil, at the planned height and load.
- Whether the manufacturer of the block system publishes installation limits for this height, and whether the design follows them.
Step 4: Know when to involve an engineer
Walls over the permit threshold, walls that hold up a driveway or a building, terraced walls stacked close together, and walls on a slope above a house or a lake are where an engineered design matters. Your building department will tell you what it needs for a permit. A contractor who has built similar walls should know when to bring in an engineer and should not discourage you from asking.
Questions to ask before you hire
- Will this wall need a building permit, zoning approval or a soil erosion permit, and who pulls them?
- What is the total wall height including the buried base?
- How will the wall drain, and where does the water end up?
- Is the design based on the block manufacturer's guidelines or an engineer's drawing?
- Who requests the MISS DIG locate, and when?
- What warranty do you give on the wall, and what would void it?
- Can I see walls you built at least a few winters ago?
Compare contractors who serve your county in our mid-Michigan retaining wall and hardscape directory.
Sources
- Michigan Residential Code rule R 408.30505, work exempt from permit (copy published by a Michigan township)
- Michigan EGLE: Soil Erosion and Sedimentation Control overview
- Michigan EGLE: Permits within 500 feet of a lake or stream
- MISS DIG 811
Last reviewed: 2026-10-12
This guide is general information, not legal, engineering or tax advice. Rules and prices change; confirm details with your local building or zoning office and with the provider before you commit.