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Huntington, NY Fence Regulations: Retaining Walls (2026)

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

Key Facts

Permit trigger
Walls over 4 ft (combined if tiered)
Issuing agency
Department of Engineering Services
Crib wall face cap
4 feet exposed vertical face
Crib wall cumulative cap
8 feet total height
Hazard guard height
At least 36 inches
Guard opening limit
No 4-inch sphere may pass

Summary

Retaining walls over four feet, combined height if tiered, need a building permit from Huntington's Department of Engineering Services. Crib walls face their own limits: no more than four feet of exposed face and eight feet of cumulative height. Walls the Town flags as hazardous must carry a 36-inch guard rail with no gaps wider than four inches.

No retaining wall or tiered retaining walls with a combined height of more than four (4) feet shall be constructed, installed or modified without a building permit having been issued by the Department of Engineering Services. The height of a retaining wall shall be measured vertically from grade to the highest component of the retaining wall. A retaining wall constructed as a crib wall shall not have an exposed vertical face of more than four (4) feet or a cumulative height of more than eight (8) feet. At the discretion of the Town, if the height of a retaining wall creates a hazardous condition a guard must be installed at the top of the wall to ensure public safety. The guard shall not be less than thirty-six (36) inches in height. Guards shall have intermediate rails or ornamental closures which do not allow passage of a sphere four (4) inches or more in diameter.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4940543; v75 updated 2026-06-09; through 06-09-2026).

Full Breakdown

Town Code § 87-52(B), part of the same fence and wall article amended in 2007 and 2013, requires a building permit from the Department of Engineering Services for any retaining wall, or tiered retaining walls with a combined height, of more than four feet. Height is measured vertically from grade to the wall's highest component under § 87-52(B)(2), the same grade-based method the code uses for fences. Crib walls, retaining structures built from interlocking modular units rather than a solid poured or block face, get a specific cap under § 87-52(B)(3): no single exposed vertical face may exceed four feet, and the cumulative height of a tiered crib wall system may not exceed eight feet.

Where the Town determines a retaining wall's height creates a hazardous condition, § 87-52(B)(4) requires the property owner to install a guard at the top of the wall for public safety, at least thirty-six inches high, with intermediate rails or ornamental closures spaced so a four-inch sphere cannot pass through, the same anti-fall-through standard used for guardrails generally. Because a fence is frequently installed on top of a retaining wall, § 87-52(A)(2) and (A)(3) matter here too: if a fence sits on the wall, the fence's own height is measured from the base of the wall rather than the top, so a four-foot wall topped by a six-foot fence reads as a combined ten feet from ground level for fence-height purposes, potentially requiring both a wall permit and a fence permit for one project.

Violations & Fines

Constructing or modifying a retaining wall over four feet without the required permit falls under the same Chapter 87 penalty structure at § 87-45(A): fines of $250 to $5,000 for a first offense, $1,000 to $10,000 for a second offense within five years, and $1,500 to $15,000 for a third, with each day of noncompliance a separate offense. The Town Board can also order removal or remediation of an unsafe wall.

Frequently Asked Questions

Do I need a permit for a 3-foot retaining wall?
No. Town Code § 87-52(B)(1) only requires a Department of Engineering Services building permit once a retaining wall, or a combination of tiered walls, reaches more than four feet in combined height. A single wall at four feet or under can be built without that permit.
Are crib walls held to a different height standard?
Yes. Under § 87-52(B)(3), a crib wall's exposed vertical face cannot exceed four feet, and even when built in tiers its cumulative height is capped at eight feet, tighter limits than the four-foot permit trigger applied to solid retaining walls generally.
When does Huntington require a guard rail on a retaining wall?
Section 87-52(B)(4) gives the Town discretion to require one whenever a wall's height creates a hazardous condition. The guard must be at least thirty-six inches tall with rails or closures spaced so a four-inch sphere cannot pass through, matching the anti-fall-through spacing used in other Town safety codes.

Sources & Official References

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