Freehold, NJ Fence Regulations: Retaining Walls (2026)

Monmouth County retaining wall regulation follows the NJ Uniform Construction Code (N.J.A.C. 5:23-2.14) which exempts walls 4 feet or less (measured from bottom of footing to top of wall) from permit requirements unless supporting surcharge loads. Walls over 4 feet require a building permit and engineered plans stamped by a NJ licensed professional engineer per N.J.A.C. 13:40 (NJ PE practice act). Surcharge loads from driveways, structures, swimming pools, or slopes above the wall may trigger permit requirement at lower heights. Drainage behind the wall is critical; weep holes, perforated drain tile, and free-draining backfill are standard. Typical Monmouth municipal setbacks: Middletown Code §525-49 requires 5-foot setback from property lines for walls over 4 feet; Howell Code §188-147 uses 3-foot minimum; Long Branch §345-43 requires 5 feet; Freehold Township §190-78 uses 3-foot minimum. Coastal Monmouth properties face additional review: CAFRA (Coastal Area Facility Review Act, N.J.S.A. 13:19) applies to major construction in Long Branch, Deal, Asbury Park, Bradley Beach, Belmar, Spring Lake, Sea Girt, Manasquan, Point Pleasant Beach, and coastal portions of Ocean, Monmouth Beach, and Sea Bright. NJDEP Waterfront Development permits under N.J.S.A. 12:5-3 apply to walls within 100 feet of tidal water. Bulkheads along the Navesink, Shrewsbury, and Manasquan Rivers require NJDEP permits regardless of height. Post-Superstorm Sandy (2012) construction in flood zones must meet elevated BFE requirements per N.J.A.C. 5:23-3.14 and FEMA. Monmouth County Soil Conservation District certification required for disturbance over 5,000 sq ft per N.J.S.A. 4:24-39.