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Brick, NJ Fence Regulations: Retaining Walls (2026)

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

Key Facts

Permit threshold
Over 8 inches tall
Safety barrier required
Walls over 30 inches tall
Barrier height minimum
At least 4 feet high
Application requires
Sealed engineering drawings, calculations
Max penalty
$2,500 fine or 90 days

Summary

Brick Township requires an engineering permit and sealed drawings for any retaining wall over eight inches tall, plus a four-foot safety barrier once a wall exceeds 30 inches in height.

A permit is required prior to the start of construction on any retaining wall over eight inches tall at its highest point which was not specifically shown on an approved subdivision plan, site plan or plot plan. Each such retaining wall application shall include sealed engineering drawings, including plans, cross sections and design calculations.

(b) As per N.J.A.C. 5:23-2.14(g), a permit is also needed from the Construction Department for the construction, reconstruction, alteration or demolition, of any retaining wall or walls which will have an impact on the foundation of a structure.

(c) An approved safety barrier shall be required in all cases where the wall is more than 30 inches tall (at the highest point), subject to the Engineer's review. Furthermore, an approved safety barrier shall be required in wall systems containing a series of two or more walls as determined in the course of the Engineer's safety review. A "safety barrier" shall be defined for the purposes of this section as an artificial barrier, not to include landscaping, which will prevent a child from penetrating through to the other side of the barrier. Specifications for safety barriers shall be as follows: [1] A safety barrier shall be at least four feet high. [2] A safety barrier shall be constructed of approved materials in a manner that will prevent a child from penetrating it. [3] A safety barrier shall be located at the outer edge at the top of the wall along its entire length.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4577344; v53 updated 2025-12-09; through 12-09-2025).

Full Breakdown

Any retaining wall over eight inches tall in Brick Township needs an Engineering Department permit before construction begins, unless the wall already appears on an approved subdivision, site, or plot plan. The application must include sealed engineering drawings: plans, cross sections, and design calculations. Walls over 30 inches tall also need an approved safety barrier at least four feet high, and walls affecting a building's foundation additionally require a Construction Department permit under N.J.A.C. 5:23-2.14(g). The Township Engineer administers and inspects the work.

Violations & Fines

Building without a permit or ignoring engineering requirements violates § 168-3, punishable by up to a $2,500 fine, 90 days' imprisonment, or both, with each day a separate offense.

Frequently Asked Questions

Do I need a permit for a small retaining wall in Brick Township?
Yes, unless it's 8 inches or under, or already shown on an approved subdivision, site, or plot plan. Walls above that need an Engineering Department permit with sealed drawings.
How tall can a retaining wall be before a safety barrier is required?
Once a wall exceeds 30 inches at its highest point, Brick Township requires an approved safety barrier at least four feet high along the top outer edge.

Sources & Official References

Other rules in Brick

All Brick rules

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