Bergenfield, NJ Fence Regulations: Retaining Walls (2026)

Section 186-42, Preservation of natural features, regulates work near any stream, brook or watercourse that is established and recorded on Borough maps or shown on surveys filed with the Borough Clerk. No building or retaining wall may be erected, and no fill may be placed, within 20 feet of that watercourse's center line, and no one may obstruct, create, or change its location or cross-section, without first obtaining a written permit from the Construction Official under Ordinance No. 792 and a separate permit from the New Jersey Department of Environmental Protection.

To apply, § 186-42B requires the property owner to submit, in triplicate, a plan prepared by an architect or professional engineer describing the proposed work, along with computations, drawings, the project's starting and expected completion dates, and technical data such as the stream's existing width, bed elevation, bank slope and ordinary water elevation; an owner may prepare the plans personally if the State Division of Water Policy and Supply accepts them. Under § 186-42C, the Borough charges a review and inspection fee of $5 for every $1,000, or fraction of it, of the total project cost, with a minimum fee of $20, due before the permit issues.

The Construction Official and Borough Engineer examine the application before it is forwarded to the state Division of Water Policy and Supply, and a permit issues only once both agencies approve. If the Construction Official and Borough Engineer reject the plans, § 186-42E gives the applicant 65 days to appeal in writing to the Zoning Board of Adjustment, which holds a hearing and can affirm or reverse the rejection.