Amherst, NY Fence Regulations: Retaining Walls (2026)
Key Facts
- Permit for most walls
- Not required (§ 83-5-1(d))
- Permit trigger
- Wall holds a surcharge or liquids
- Front-yard height exception
- "Necessary retaining wall" (§ 7-5-3)
- Ordinary fence/wall cap
- 6 ft residential, 8 ft nonresidential
- Height measured from
- Average finished grade (§ 7-5-4)
- Building permit fine
- Up to $250/day (§ 83-1-5)
- Zoning fine, first offense
- Up to $350 (§ 8-16-1)
Summary
A retaining wall in the Town of Amherst skips the building permit that most other structures need. Amherst Code § 83-5-1 exempts retaining wall construction from a building permit unless the wall supports a surcharge or impounds Class I, II or IIIA liquids. Separately, the Zoning Ordinance's § 7-5-3 lets a "necessary retaining wall" stand where an ordinary fence over three feet cannot: inside a required front yard.
§ 83-5-1: "...no permit shall be required for work in any of the following exempt categories: ... (d) The construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;" § 7-5-3: "No fence or wall, other than a necessary retaining wall, over three feet in height shall extend into the required front yard of any lot, except in an industrial district."
Full Breakdown
" A surcharge is an added load behind the wall, such as a driveway, parking area or fill placed above natural grade, and any wall engineered to hold one back, or to contain a hazardous liquid, loses the exemption and must go through the Commissioner of Building's permit review with engineered plans. Even an exempt wall is not excused from the Uniform Code or Energy Code, so footing depth, drainage and structural adequacy still have to meet state building standards. " That means a retaining wall holding back a grade change at the street line is not held to the three-foot front-yard cap that governs an ordinary decorative fence.
Height for any fence or wall, retaining walls included, is measured "from the average finished grade as determined by the Commissioner of Building" under § 7-5-4, and the Planning Board can still require screening where a nonresidential lot's wall abuts a residential district.
Violations & Fines
Building a surcharge-bearing or liquid-impounding retaining wall without the permit § 83-5-1 requires is punishable under § 83-1-5: a fine of up to $250 per day of violation or imprisonment up to 15 days, with each day of continued noncompliance a separate offense. A fence or wall that violates the zoning height and setback rules in § 7-5-1 through § 7-5-4 falls instead under the Zoning Ordinance's general enforcement clause, § 8-16-1, which fines a first offense up to $350, a second offense within five years $350 to $700, and a third or later offense $700 to $1,000, with each week of continued violation a separate offense.
Frequently Asked Questions
Do I need a permit to build a retaining wall in Amherst?
How tall can a retaining wall be in my front yard?
What happens if I skip a required permit for a wall holding back a surcharge?
Sources & Official References
Other rules in Amherst
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