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.
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.
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.
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