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Clarkstown, NY Fence Regulations: Retaining Walls (2026)

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

Key Facts

Max wall height
4 feet
Wall spacing rule
at least height of taller wall
Applies in
AAR (Age-Restricted) floating zone
Approval path
Planning Board site plan review
Section
§ 290-20G(1)(g)

Summary

In Clarkstown's AAR floating zone, the age-restricted housing overlay for residents 55 and older, retaining walls are capped at four feet under § 290-20G(1)(g). Where a site needs a second wall, the code requires spacing between the two walls at least equal to the height of whichever wall sits at the higher elevation.

Retaining walls. Height of retaining walls shall not exceed four feet. Distance between any two retaining walls shall not be less than the height of the retaining wall higher in elevation.

Full Breakdown

Section 290-20 sets the Town's 'Additional bulk regulations' that supplement the district-by-district Bulk Table, and Subsection G adds a separate list of standards for the AAR (Age-Restricted) Zoning District, a floating zone the Town Board can apply over MF-1, MF-2, MF-3, RG-1, RG-2, R-10, R-15, R-22, LO, PO, LS, CS and LIO base districts for housing limited to residents 55 or older. Item G(1)(g) is the retaining-wall rule inside that AAR package: 'Height of retaining walls shall not exceed four feet. ' It sits alongside the AAR District's other site standards in the same paragraph, including a twenty-foot landscaping buffer along all lot lines, a 20% principal-building coverage cap and a 50% overall lot-coverage cap.

This is the only numeric retaining-wall standard that appears in the zoning chapter's readable text; other district-specific bulk figures, including Table 1 and Table 12, are filed as separate attachments to Chapter 290 that a text export of the code does not carry, so a project outside the AAR floating zone should confirm its own district's wall standard against the Planning Board's site plan requirements under § 290-16 rather than assume the four-foot AAR cap applies townwide.

Violations & Fines

Retaining walls built over the four-foot AAR cap, or spaced closer than the code allows, are a zoning bulk violation subject to § 290-34: up to $3,500 for a first offense, rising to $6,000, then $11,000, then $16,000 for repeat offenses within 18 months, plus the Town's authority to require conformance before granting site plan approval under § 290-20G.

Frequently Asked Questions

Does the four-foot cap apply everywhere in Clarkstown?
No, as written it's part of the AAR District's bulk package in § 290-20G, the floating zone for age-restricted housing; other zoning districts' retaining-wall figures, if any, live in Chapter 290's separate attachment tables rather than in this subsection.
Why does spacing between walls matter?
The code ties the required gap between two retaining walls to the height of the taller one, so a terraced site can't stack walls close enough together to functionally exceed the four-foot limit in one step.
Who approves a retaining wall in an AAR project?
AAR District development goes through Planning Board site plan review under § 290-16, and the retaining-wall height and spacing standards in § 290-20G(1)(g) are among the bulk requirements checked during that review.

Sources & Official References

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