A fence built on top of a retaining wall must count the total combined height of the wall plus the fence, and that total cannot exceed the maximum height allowed in the applicable zone district. Retaining walls over 36 inches high require a permit.
The Zoning Resolution treats a wall-mounted fence as a single structure: the retaining-wall height and the fence height are added together and must stay within the zone district's fence-height maximum. Separately, Section 2 lists retaining walls over 36 inches in height among structures that require a Miscellaneous Zoning Permit even when no building permit is otherwise triggered. Engineering and building-code requirements may also apply to taller walls.
A combined wall-and-fence exceeding the zone-district maximum, or an unpermitted retaining wall over 36 inches, is a zoning violation subject to correction orders and abatement.
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