In the deed it says you can’t have A building closer than 40 Feet to street. Or a fence past improvement line. But a retaining wall, that retains dirt is neither a fence or a building right?
You will want to double check on this with the City. If there is a deed restriction that is in an HOA governed residential area, you will want the HOA's approval - Maybe. That simple questions is not simple - especially without being able to read the document(s) to which you are referring.
This is not a legal opinion - but some common sense recommendations that you may choose to consider and some thoughts to help clarify the matters that you ask about. I am licensed only in the state of Texas. There are many other facts that exist or may arise that you did not express in your question in this forum that are/could be critical to providing an accurate response. Thus, the response I give is very general. I strongly suggest getting a private consultation with an attorney. That is likely to be in your best interest if you have a legal problem , question, concern, or need. Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you. Best of luck !
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