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Long Branch, NJ Fence Regulations: Retaining Walls (2026)

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

Key Facts

Governing section
City Code § 345-41 (fences) and § 147-3A(15) (fees)
Retaining wall permit fee
$106 (500 sq ft or less) or $210 (over)
Height rule
Measured from highest adjacent grade, not fence caps
Permit plan required
Filed with the Construction Code Official
Location restriction
Must stay within property lines, off right-of-way
General penalty
Up to $2,000 fine, 90 days, under § 1-16

Summary

Long Branch's zoning code exempts retaining walls from the four-foot front-yard and six-foot side-yard fence height caps, instead measuring any wall built to retain soil from the highest adjacent grade. Every fence and retaining wall must stay inside the property line, avoid the public right-of-way, and match a plan on file with the Construction Code Official in Monmouth County, New Jersey.

C. Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Construction Code Official. D. All fences and/or walls must be erected within property lines, and no fence or wall shall be erected which will encroach upon a public right-of-way. ... E. The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding eight feet in height above ground level anywhere within a public park, public playground or public school properties. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining space, provided that such wall does not exceed such height to be measured from the ground level of the highest adjacent grade.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4904719; v48 updated 2026-06-10; through 06-10-2026).

Full Breakdown

Long Branch's fence ordinance, City Code § 345-41, sets the baseline height limits that apply to any wall or fence in the city: three feet within 25 feet of a street corner, four feet in a front yard, and six feet elsewhere on a residential lot, with a five-foot corner-lot exception running toward the rear yard. Subsection E carves out retaining walls from those caps: a wall built to retain space is not held to the ordinary fence height limit, and any height restriction on it is measured from the highest adjacent grade rather than from the low side of the slope it holds back.

That does not make retaining walls unregulated. Subsection C requires every fence, including a retaining wall, to be maintained in a safe, sound, upright condition and built according to a plan on file with the Construction Code Official at City Hall, 344 Broadway. Subsection D bars any wall from crossing a property line or encroaching on a public right-of-way, and lets the Planning Board's Aesthetic Committee dictate which face must show outward. A construction permit and fee also apply separately from the zoning standard: under § 147-3A(15), a retaining wall of 500 square feet or less serving a one- or two-family home carries a flat $106 permit fee, a wall over 500 square feet on the same property carries a $210 flat fee, and a retaining wall tied to any other use group is priced on the estimated cost of construction under the general commercial fee schedule, which requires the applicant to submit cost data from an architect, engineer or contractor.

Violations & Fines

A retaining wall built without the required permit, without an approved plan on file, or that violates the property-line and right-of-way limits in § 345-41D is a code violation. General violations of the Long Branch Code are punishable under § 1-16 by a fine up to $2,000, up to 90 days' imprisonment, up to 90 days of community service, or a combination, at the Municipal Court judge's discretion, since Chapter 345 sets no separate penalty.

Frequently Asked Questions

Do I need a permit to build a retaining wall in Long Branch?
Yes. Under City Code § 147-3A(15), a retaining wall serving a one- or two-family home costs a flat $106 permit fee if it is 500 square feet or smaller and $210 if larger. Walls tied to commercial or other use groups are priced on estimated construction cost instead of a flat fee, and the application must include cost data from a licensed contractor, architect or engineer.
Does Long Branch limit how tall a retaining wall can be?
The city's standard fence height caps, four feet in a front yard and six feet elsewhere, do not apply to a wall built for retaining space. Under § 345-41E, any height limit on that kind of wall is measured from the highest adjacent grade instead, and the wall still needs an approved plan on file with the Construction Code Official.
Can a retaining wall sit on the property line?
No. Section 345-41D requires every fence or wall, including a retaining wall, to stay within the owner's property lines, and none may encroach on a public right-of-way. The Planning Board's Aesthetic Committee can also direct which side of the wall faces outward if there is a dispute over orientation.

Sources & Official References

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