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Edison, NJ Fence Regulations: Retaining Walls (2026)

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

Key Facts

PE certification threshold
Retaining walls 4 ft or taller on steep slopes
Governing section
Edison Twp. Code § 31-2.7(b)(3)
Steep slope defined
20% grade/10-ft run, or 12% with 5-ft rise
Applies to
Subdivision/site plan land disturbance
Enforcement forum
Superior Court or Municipal Court
Penalty structure
Each day a violation continues

Summary

Edison Township requires a New Jersey-licensed professional engineer to design and certify any retaining wall of four feet or greater built to stabilize a steep slope, under Code Section 31-2.7(b)(3). The rule applies wherever new development or land disturbance touches a steep slope, and the wall cannot be used to make the regulated grade appear flatter.

If retaining walls are used to stabilize existing or proposed steep slopes, all slope area measurements will be calculated as if retaining walls were not used. Retaining walls of four (4) feet or greater shall be permitted only if their design is prepared and certified by a professional engineer licensed in New Jersey.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4904708; v19 updated 2026-03-25; through 03-25-2026).

Full Breakdown

Retaining walls used to stabilize existing or proposed steep slopes in Edison Township must be designed and certified by a New Jersey-licensed professional engineer once they reach four feet or more in height, under Township Code Section 31-2.7(b)(3). The rule sits inside Chapter 31's Steep Slope Conservation standards, which apply to any new development or land disturbance on a steep slope within the Township.

Section 31-2.4 defines a "steep slope" as any grade equal to or greater than 20% measured over a minimum ten-foot run, or a slope of 12% or more with a vertical rise of five feet or greater, calculated from two-foot contour intervals. Section 31-2.6 prohibits disturbance of steep slopes outright except for redevelopment confined to an existing impervious footprint, or new disturbance necessary to protect public health, safety or welfare, provide an environmental benefit, or avoid extraordinary hardship not created by the owner. Where a subdivision or site plan application involves steep slopes, Section 31-2.7 requires existing wooded, well-established slopes to stay undisturbed inside conservation easements, and lets the approving board require fill, restabilization and a reforestation plan for previously disturbed slopes. Retaining walls built to stabilize those slopes cannot be used to make the underlying grade look less steep: Section 31-2.7(b)(3) requires that "all slope area measurements will be calculated as if retaining walls were not used," and any wall of four feet or taller must carry a design certified by a New Jersey-licensed professional engineer before it counts toward compliance. Steep slope areas themselves must stay in an open-space condition, barred to structures except public facilities like bridges, headwalls and culverts.

Violations & Fines

Edison investigates suspected violations of the steep slope standards through its appropriate personnel and pursues a civil action in the Special Civil Part or full Superior Court, or files in Municipal Court under N.J.S.A. 26:3A2-25, per Section 31-2.9. Each section or subsection violated is a separate offense, and each day a violation continues counts as an additional, distinct offense, so uncertified walls or unauthorized slope disturbance can compound quickly.

Frequently Asked Questions

Do all retaining walls in Edison need engineering certification?
No. Only walls used to stabilize a steep slope and built to four feet or greater in height need a New Jersey-licensed professional engineer's certified design under Section 31-2.7(b)(3). Shorter walls or ones unrelated to a regulated steep slope fall outside this specific rule, though a building permit may still apply.
What counts as a "steep slope" under Edison's ordinance?
Section 31-2.4 defines it as a grade of 20% or greater over a minimum ten-foot run, or 12% or greater with a vertical rise of five feet or more, measured using two-foot contour intervals. Steep slopes trigger the conservation and retaining wall standards in Chapter 31.
Can a retaining wall be used to avoid the steep slope rules?
No. Section 31-2.7(b)(3) requires that slope-area measurements be calculated as if the retaining wall were not there, so a wall cannot disguise or eliminate a regulated steep slope for compliance purposes.
Who enforces this rule and what can happen if I don't comply?
Township personnel investigate complaints under Section 31-2.9 and can pursue civil enforcement in Superior Court or Municipal Court. Each day an unpermitted or uncertified condition continues is treated as a separate violation, so penalties can accumulate daily until the wall is brought into compliance.

Sources & Official References

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