Islip, NY Fence Regulations: Retaining Walls (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.
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?
How far from the property line must a retaining wall be?
What about a marine bulkhead?
Sources & Official References
Other rules in Islip
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