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Bethlehem, PA Fence Regulations: Retaining Walls (2026)

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

Key Facts

Max vertical drop per terrace
5 feet (§1318.29(e))
Slope trigger
gradient over 15 percent
Fence condition
Planning Commission discretion
Construction Code trigger
walls 4 feet or greater
Zoning Ordinance trigger
walls 5 feet or greater
Reviewing body
Bureau of Planning and Zoning

Summary

Bethlehem caps terraced retaining walls used on steep slopes at a five-foot maximum vertical drop per terrace under the Zoning Ordinance's steep-slope development standards, and the City Planning Commission can require a fence on top of the wall at its discretion.

Maximum Vertical Drop Of Terraces

When terraces or retaining walls are utilized to cope with steep slopes, the maximum vertical drop per terrace shall be five (5) feet. Furthermore, at the discretion of the City Planning Commission, an appropriate fence may be required.

Full Breakdown

29, any land with a gradient over 15 percent falls under the City's steep-slope development standards, and subsection (e), "Maximum Vertical Drop Of Terraces," governs retaining walls built to manage that grade: each terrace is capped at a five-foot vertical drop, and the City Planning Commission may require an appropriate fence at the top of the wall as a condition of approval. Subsection (f), Submittal Requirements, ties this into the subdivision review process: an applicant proposing a use affected by the steep-slope section must submit slope mapping (based on two-foot contours unless the City Engineer pre-approves a different interval), showing areas over 15 percent and over 25 percent slope, plus the location of the proposed construction area, as part of preliminary subdivision plans or a separate plot plan for an existing lot.

03(E)(9) (Overall Requirements; Erosion Control, Excavations, Fills and Retaining Walls), require that cut slopes be no steeper than 2:1 and fill slopes no steeper than 3:1 unless stabilized by a retaining wall or cribbing, and require plans submitted to the Bureau of Planning and Zoning to show the exterior appearance of any retaining wall visible from a street or another dwelling. That same provision flags that walls of four feet or greater typically also fall under the Construction Code, and walls of five feet or greater are independently regulated by the Zoning Ordinance, meaning a taller wall can trigger both a building permit and zoning review.

Violations & Fines

A retaining wall or terrace that exceeds the five-foot maximum vertical drop, or that is built without the fence the Planning Commission conditioned approval on, is out of compliance with Section 1318.29(e) and can hold up subdivision or land development approval. Because taller walls also fall under the Construction Code, building without the required construction permit exposes the owner to Bethlehem's separate building-code enforcement and stop-work authority, on top of any zoning correction ordered by the Bureau of Planning and Zoning.

Frequently Asked Questions

How tall can a retaining wall terrace be in Bethlehem?
Where terraces or retaining walls are used to manage a steep slope (over 15 percent gradient), Zoning Ordinance Section 1318.29(e) caps the maximum vertical drop at five feet per terrace. Multiple stacked terraces can be used to manage a steeper overall grade change, each capped at that five-foot limit.
Does Bethlehem require a permit for a retaining wall?
Yes for taller walls. Section 1349.03(E)(9) of the subdivision design standards notes that walls of four feet or greater typically fall under the Construction Code, and walls of five feet or greater are separately regulated by the Zoning Ordinance, so plans must go to the Bureau of Planning and Zoning.
Can the City require a fence on top of a retaining wall?
Yes. Section 1318.29(e) gives the City Planning Commission discretion to require an appropriate fence on top of a terraced retaining wall used on a steep-slope site, as a condition of subdivision or land development approval.

Sources & Official References

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