Short answer: in New Braunfels, a retaining wall usually needs a building permit and an engineer's design once it's more than 4 feet tall measured from the bottom of the footing to the top of the wall, or when it holds back extra load, which builders call a surcharge. Most walls under that height don't need a permit at all.
That's the rule of thumb in most Texas cities that use the International Residential Code, New Braunfels and San Antonio included. But "4 feet" catches people out, because of how it's measured and what counts as extra load. Here's how it works in practice, and what we do on our own jobs.
Rules change and every lot is different. Before you build, confirm with the City of New Braunfels Development Services or let us do it as part of design. If your lot is outside city limits, Comal or Guadalupe County rules apply instead.
How the 4 feet is measured
Height is measured from the bottom of the footing, not from the ground. A wall that shows 3 feet 6 inches above the soil may have a footing 8 inches below grade. That's 4 feet 2 inches by the code's measure, and it's over the line.
That's why we draw every wall with its footing in section before quoting. A homeowner who measures what they can see and assumes they're fine can end up with a wall that fails inspection, or worse, one that was never inspected and fails on its own.
What counts as a surcharge
A surcharge is anything that adds weight on top of the soil behind the wall. Common ones:
- A driveway, parking pad or road above the wall
- A slope continuing upward behind the wall, instead of flat ground
- A building, pool, or another retaining wall close behind it
- Heavy equipment or structures that will sit near the top
A 3-foot wall holding back a sloped yard and a driveway can need engineering even though it's short. If you're not sure, assume it does until someone checks.
Terraced walls
Two walls stacked close together act like one taller wall, because the upper wall's weight bears on the lower one. As a rough guide, engineers often want the horizontal distance between walls to be at least twice the height of the lower wall before treating them as separate. Closer than that, they're designed together.
That's how we planned the Hill Country Terrace in Boerne: two walls of about 3 feet 6 inches and 3 feet, spaced far enough apart that each stands on its own, with a planting bed between them. It avoided engineering, looked more natural than a single 7-foot wall and cost about the same.
When we do engineer and permit
On a Veramendi project in 2025, a 4-foot-8-inch segmental block wall was the only way to create a flat play lawn on a steep lot. That wall needed:
- A geotechnical look at the soil, often just a few borings or a review of the subdivision's report.
- An engineered design, stamped by a Texas professional engineer, specifying block type, footing, geogrid lengths and drainage.
- A building permit from the City of New Braunfels, with the stamped drawings.
- Inspections during construction, depending on what the city requires for the wall type.
On that job, engineering added about $2,400 and the permit process took about three weeks, running alongside HOA review. The build itself took four weeks.
What about HOAs?
City permits and HOA approval are separate. Many New Braunfels communities, including Veramendi, Copper Ridge and River Chase, require architectural approval for any wall visible from the street or a neighbor's yard, regardless of height. Plan on two to four weeks for review. We prepare the drawings both need.
What a permit doesn't do
A permit confirms the design meets code. It doesn't make a wall last. Walls fail from water building up behind them, footings on soft ground and backfill that wasn't compacted. Every wall we build, permitted or not, gets:
- A footing dug to firm ground on compacted gravel
- A perforated drain at the base, carried to an outlet
- At least 12 inches of clean drainage stone behind the wall
- Geogrid on segmental block walls over about 3 feet
- Weep holes in mortared walls
The bottom line
- Under 4 feet from footing to top, with flat ground behind: usually no permit.
- Over 4 feet, or holding back a slope, drive or structure: plan on an engineer and a permit.
- Terraces close together count as one wall.
- HOA approval is a separate step, and often required either way.
If you're planning a retaining wall in New Braunfels, we'll measure, sketch the wall in section and tell you on the site walk whether it needs engineering. If it does, we handle the engineer, the city and the inspections, and the cost is in your fixed price.

