The 1.2-Metre Rule: Where It Comes From and How It's Measured
Zoning Bylaw 5000, Section 6.5.11 caps residential retaining walls at 1.2 metres. The City's own Retaining Wall Checklist states it plainly: permits are required for retaining wall structures 1.2m or greater in height, or where there may be substantial surcharge above the wall, or proposed work within a sensitive land area.
The measurement is from grade on the lower side — the exposed face of the wall, not the backfilled side. A wall that looks like 600mm from your upper patio can easily measure 1.4m from the neighbour's yard below. Always measure from the bottom.
The permit rule also applies regardless of height if the project sits in a sensitive land area: ravines, steep slopes, floodplains, or environmental development permit areas.
Can you build two shorter walls to avoid the permit requirement?
Section 6.5.11 requires that tiered retaining walls maintain a minimum of 1.2 metres of horizontal separation between each tier. Two 1.1m walls spaced 300mm apart don't escape the rules — the City treats that as a combined wall system. If you want the tiers closer than 1.2m, you're in variance territory regardless of the individual heights.
The one legitimate exception: your lot is lower than your neighbour's
Section 6.5.13 provides a built-in exception: if the natural grade of your property is lower than the abutting property, a retaining wall can exceed 1.2m without automatically triggering the Development Variance Permit. Confirm this with the Planning Department at 250-550-3634 before assuming it applies.
Two Separate Permits: Building Permit and Development Variance Permit
A wall at or above 1.2m requires two concurrent applications:
- Building Permit — issued by the Building Department under Building Bylaw 5900. Covers structural requirements.
- Development Variance Permit (DVP) — issued by the Planning Department. Required because Zoning Bylaw 5000 caps walls at 1.2m; anything at or above that height is a variance, even for a routine residential project.
These run in parallel, not sequentially. Submitting only the building permit application is a common mistake that delays projects by months.
Residential retaining walls qualify as a Minor DVP under the City's process — decided by the General Manager of Planning, not Council. There's still public notification, but the timeline is weeks rather than months.
What You Need to Submit
The City publishes a Retaining Walls Package at vernon.ca/homes-building/permits-applications — containing both application forms, the complete checklist, Owner's Undertaking, and Site Disclosure Statement.
Building Permit application requires:
- Title search dated within 30 days of submission
- Two copies of a dimensioned site plan (to scale)
- Two sets of design drawings (structural and geotechnical)
- Letters of Assurance, Schedule B Structural
- Letters of Assurance, Schedule B Geotechnical
- Site Disclosure Statement
DVP application requires:
- Completed Development Application Form
- Digital site plans and current title documents
- Rationale statement explaining the variance
- Geotechnical report or elevation plans (site-dependent)
A professional engineer is required — not optional. Building Bylaw 5900 (Part 11, Section 11.2) requires certification by a BC-registered professional engineer with geotechnical expertise.
What It Costs
Real numbers from City of Vernon Bylaw 3909:
- Non-refundable application fee: $150
- Permit fee: $11.50 per $1,000 of declared construction value
- Refundable security deposit: $1,500
- DVP issuance fee: $1,100
- Re-inspection fee: $150 per visit
On a $15,000 retaining wall: approximately $1,423 in fees plus the $1,500 refundable deposit. The DVP is valid for 24 months from issuance — let it lapse and you reapply and pay the $1,100 fee again.
Fences on Top of Retaining Walls
Zoning Bylaw 5000, Section 6.5 sets the combined fence + wall height limit at 2.0m maximum from natural grade at the property line. A 1.2m wall leaves only 0.8m for fencing above it. If you want a standard 1.8m privacy fence, the combined height will exceed 2.0m and you'll need a variance for that too.
Where to Submit
Community Services Building, 3001 32nd Avenue, Vernon, BC. Counter hours: Monday–Friday 8:30 a.m.–4:30 p.m.
- Building Department: buildingcounter@vernon.ca | 250-550-3634
- Inspection booking: buildinginspection@vernon.ca | 250-550-3592
- Planning Department (DVP/zoning): planning@vernon.ca | 250-550-3634
How Greenstone Solutions Handles the Permit Process
We prepare and submit both applications concurrently, coordinate with the structural engineer, and schedule required inspections. If you're planning a retaining wall in Vernon, Coldstream, Armstrong, or Lake Country, call or text (250) 212-5803 for a free site visit before you start. We'll confirm whether your wall triggers permits and what the process looks like for your specific site.