Mount Vernon, NY Fence Regulations: Retaining Walls (2026)

City Code Chapter 10 makes the Architectural Review Board's certificate of appropriateness a precondition to a building permit for a retaining wall project. D(1), the Board "must issue a certificate of appropriateness related to the construction and site landscaping of any new structures (primary and accessory) or the exterior improvement, alteration, remodeling, repairing and/or enlargement of any existing structures, including changes of materials, windows, doors, proposed fences, proposed retaining walls, proposed freestanding walls, proposed ramps and any other exterior building element(s)" before a building permit can issue.

D(2), delegate lower-impact applications to Department of Planning and Community Development staff, who may grant or deny the certificate or refer the matter to the full Board; a denial by staff can be appealed to the Board itself. Applicants file a written application under § 10-8A that sets out the specific chapter provisions involved and any waivers sought. The Board must hold a public meeting (§ 10-8C), and the applicant must post a sign on all street frontages at least 14 days before that meeting, filing a sworn affidavit of posting no later than nine days before the meeting.

A decision is due within 62 days of the public meeting (§ 10-8D). Approval expires under § 10-8E if a building permit is not obtained within one year, or if construction is not completed within two years of permit issuance; extensions of up to 12 months total per period may be granted for cause. Compliance with all certificate conditions is required before a certificate of occupancy issues, and continued compliance is a condition of keeping that certificate of occupancy valid (§ 10-8F). If the Board fails to act, § 10-9 lets the City Clerk issue a certificate of that failure, and a disapproved applicant may appeal to the Zoning Board of Appeals under § 10-10.