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Islip, NY Fence Regulations: Retaining Walls (2026)

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

Key Facts

Permit threshold
Walls over 18 inches above grade
Setback
Min. 4 ft or equal to wall height, whichever is greater
Walls 18 in or less
No permit/setback unless Town Engineer directs
Code Section
Sec. 68-406F, 68-406G

Summary

Retaining and other walls greater than 18 inches above average undisturbed grade must obtain a permit before construction and be set back from any property line by at least 4 feet or a distance equal to the wall's height, whichever is greater.

All walls greater than 18 inches in height from average, undisturbed grade shall be set back from any property line a minimum of four feet or a distance equal to the height of the wall above average, undisturbed grade, whichever is greater. Walls that are greater than 18 inches in height, at any point above average, undisturbed grade, shall obtain a permit prior to construction.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4826765; v112 updated 2026-02-24; through 02-24-2026).

Full Breakdown

Wall standards are in Islip Town Code Section 68-406. Section 68-406A excepts an existing retaining wall from the general 6-foot fence-height cap. Section 68-406F provides that all walls greater than 18 inches in height from average, undisturbed grade must be set back from any property line a minimum of 4 feet or a distance equal to the height of the wall above average undisturbed grade, whichever is greater, and must obtain a permit prior to construction; for marine bulkheads a Town of Islip Wetlands and Watercourses Permit may constitute the required permit, subject to review by the Divisions of Building and Engineering. Section 68-406G provides that walls 18 inches or less in height do not require a setback or permit unless directed by the Town Engineer after a preliminary site assessment. All walls, as defined in Section 68-3, must receive a determination of the necessity of site plan review from the Divisions of Building and Engineering before construction.

Violations & Fines

Constructing a wall over 18 inches without a permit, or without the required setback, is enforced by the Divisions of Building and Engineering. The Town may require a permit, a setback correction, or removal, and may impose the penalties in Chapter 68 of the Town Code.

Frequently Asked Questions

Do I need a permit for a retaining wall in Islip?
Yes for any wall greater than 18 inches above average undisturbed grade. Section 68-406F requires a permit before construction; walls 18 inches or less generally do not (Sec. 68-406G).
How far from the property line must a retaining wall be?
A wall over 18 inches must be set back at least 4 feet, or a distance equal to its height above average undisturbed grade, whichever is greater (Sec. 68-406F).
What about a marine bulkhead?
For marine bulkheads a Town of Islip Wetlands and Watercourses Permit may serve as the required permit, subject to review by the Divisions of Building and Engineering (Sec. 68-406F).

Sources & Official References

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