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Irondequoit, NY Fence Regulations: Retaining Walls (2026)

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

Key Facts

Exempt wall height
Walls under 18 inches are exempt from the fence section
Permit trigger
Retaining walls exceeding 18 inches that retain earth
Nonmanufactured walls
Engineer's or registered architect's original seal and signature
Manufactured walls
Written proof of installation to manufacturer's specifications
Steep slope EPOD
Walls over four feet affecting a slope toe need Planning Board approval
Grade rule
Grade cannot be changed to accommodate the wall

Summary

In the Town of Irondequoit, New York, retaining walls under 18 inches are exempt from the fence section, while any retaining wall over 18 inches that holds back earth needs a building permit. Nonmanufactured walls need drawings sealed by a professional engineer or registered architect.

(1) Walls or retaining walls which are under 18 inches in height shall be exempt from the requirements of this section. (2) All retaining walls exceeding 18 inches in height designed to retain earth shall require a building permit and must comply with the following requirements. (3) Manufactured walls. The property owner must provide written proof to the Town's Building Department that the installer will construct such walls according to the manufacturer's specifications and accepts all liability in the event of failure. (4) A professional engineer's or registered architect's original seal and signature shall be required on drawings submitted for a building permit for nonmanufactured walls. (5) Walls, regardless of the location, shall be exempt from the height restrictions of fences as long they are designed to retain earth on property slopes. ... (6) Walls which will affect the toe of a slope in a steep slope EPOD area and are greater than four feet in height shall be subject to an EPOD permit approval by the Planning Board prior to the issuance of a building permit.

Full Breakdown

Town of Irondequoit Code § 235-69L is the wall subsection of the fencing section. Walls or retaining walls under 18 inches in height are exempt from the requirements of the section. All retaining walls exceeding 18 inches in height that are designed to retain earth require a building permit and must meet the subsection's requirements.

The paperwork depends on the wall type. For manufactured walls, the property owner must give the Town's Building Department written proof that the installer will construct the wall according to the manufacturer's specifications and accepts all liability in the event of failure. For nonmanufactured walls, a professional engineer's or registered architect's original seal and signature is required on the drawings submitted for the building permit.

Retaining walls get relief from fence height caps. Walls, regardless of location, are exempt from the height restrictions of fences as long as they are designed to retain earth on property slopes. That relief has limits: the grade cannot be changed to accommodate the wall, and drainage courses must be considered in the design so adjoining property is not affected.

A wall that affects the toe of a slope in a steep slope EPOD area and is greater than four feet in height needs an EPOD permit approval by the Planning Board before the building permit issues. Separately, subsection M requires fences, walls and similar construction to be maintained in good and substantial condition, with dilapidated, rotted, rusted and broken walls repaired, replaced or removed.

The Building Inspector enforces the zoning chapter under § 235-95 and will not grant a building permit except in compliance with it.

Violations & Fines

Building a retaining wall over 18 inches without a permit violates the zoning chapter. Section 235-102 sets a fine not exceeding $350 or up to six months in jail, or both, for a first offense, then $350 to $700 and $700 to $1,000 for a second and third offense within five years. Each week of continued violation counts separately.

Frequently Asked Questions

When does a retaining wall need a permit in the Town of Irondequoit?
When it exceeds 18 inches in height and is designed to retain earth. Section 235-69L(2) requires a building permit for those walls. Walls or retaining walls under 18 inches in height are exempt from the requirements of the fencing section.
Do I need an engineer for a retaining wall?
For a nonmanufactured wall, yes: a professional engineer's or registered architect's original seal and signature is required on the drawings submitted for the building permit. For a manufactured wall, you submit written proof that the installer will build to the manufacturer's specifications and accepts liability.
Does the six-foot fence limit apply to a retaining wall?
No. Walls designed to retain earth on property slopes are exempt from the fence height restrictions, regardless of location. The grade cannot be changed to accommodate the wall, and drainage courses must be considered so adjoining property is not affected.
What happens with a wall on a steep slope?
A wall that affects the toe of a slope in a steep slope EPOD area and is greater than four feet in height needs EPOD permit approval from the Planning Board before the building permit is issued.

Sources & Official References

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