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Abington, PA Fence Regulations: Retaining Walls (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Abington Township Code § 62-2 (Sec. 3311.0-3311.1)
Guardrail height
At least 4 feet on retaining wall
Engineer design required
Fills/cuts over 3 feet on boundary
No-permit exemption
Under 3 ft, interior, 5+ ft from line
Approvals needed
Township Engineer and Building Inspector
Penalty
Up to $1,000 fine per offense (§116.4)

Summary

Abington Township requires a retaining wall wherever an excavation leaves the adjoining grade below legal level, built to a height that retains the earth with a guardrail or fence at least four feet tall. Section 3311.1 requires an engineer-designed wall for fills or excavations over three feet along a boundary; walls under three feet built entirely inside a property need no permit.

Section 3311.0 shall provide as follows: 3311.0 Retaining walls: 3311.1: When the adjoining grade is not higher than the legal level, the person causing an excavation to be made shall erect, when necessary, a retaining wall at his own expense and on his own land. Such wall shall be built to a height sufficient to retain the adjoining earth, shall be properly coped and shall be provided with a guardrail or fence not less than four feet in height. ... A retaining wall of approved construction, designed by a registered civil engineer or architect, shall be required for all permanent land fills or excavations which exceed three feet in height or depth along a property boundary line, unless, a 1:1 natural slope of the land can be maintained entirely within the boundaries of the excavated or filled property. Retaining walls of less than three feet in height, erected entirely within the interior of a property and not encroaching within five feet of boundary line, will not require a permit.

Full Breakdown

Section 3311.0 of the Abington Township Code, added to the adopted Building Construction Code by Section 62-2(Q), covers retaining walls under the heading "Retaining walls." Section 3311.1 requires the person causing an excavation to erect a retaining wall, at that person's own expense and on that person's own land, whenever the adjoining grade is not higher than the legal level; the wall must be built to a height sufficient to retain the adjoining earth, properly coped, and fitted with a guardrail or fence not less than four feet in height.

The section goes further for larger cuts and fills: any permanent land fill or excavation that exceeds three feet in height or depth along a property boundary line requires a retaining wall of approved construction designed by a registered civil engineer or architect, unless the owner instead maintains a 1:1 natural slope entirely within the boundaries of the excavated or filled property. Materials are limited to approved masonry, reinforced concrete, steel sheet piling or other approved material within accepted engineering stresses, and the design needs sign-off from both the Township Engineer and the Building Inspector, in conformance with the Township's Subdivision Ordinance.

The code carves out a narrow exemption from the permit process: a retaining wall under three feet in height, built entirely within the interior of a property and not encroaching within five feet of a boundary line, does not require a permit, though the five-foot rule in Section 3311.2 still requires one for anything closer to the line regardless of height.

Violations & Fines

Erecting a retaining wall without the required permit, or building one over three feet along a property boundary without a registered engineer's or architect's design, is a violation of the adopted Building Construction Code under Section 116.4, punishable by fines and penalties up to $1,000 per offense plus a reinspection fee equal to the original permit fee.

Frequently Asked Questions

How tall must a retaining wall's guardrail be in Abington Township?
Section 3311.1 requires any retaining wall built where the adjoining grade is not higher than the legal level to be fitted with a guardrail or fence not less than four feet in height, in addition to being built high enough to retain the adjoining earth and properly coped.
When does a retaining wall need an engineer's design?
Section 3311.1 requires a retaining wall of approved construction designed by a registered civil engineer or architect for any permanent land fill or excavation exceeding three feet in height or depth along a property boundary line, unless a 1:1 natural slope is maintained entirely within the property.
Do I need a permit for a short retaining wall in my backyard?
No. Section 3311.1 exempts a retaining wall under three feet in height from the permit requirement if it is built entirely within the interior of the property and does not encroach within five feet of a boundary line; anything closer to the line needs a permit regardless of height.
Who has to sign off on a large retaining wall's design?
Section 3311.1 requires the design to conform to approved masonry, reinforced concrete, steel sheet piling or other approved materials within accepted engineering stresses, and to be approved by both the Township Engineer and the Building Inspector, consistent with the Township's Subdivision Ordinance.

Sources & Official References

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