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New Britain, CT Fence Regulations: Retaining Walls (2026)

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

Key Facts

Measurement rule
From average ground level on each side, § 230-100.20
Uphill fence exception
At least 4 feet allowed regardless of schedule
Yard placement
Permitted encroachment into required yards, § 230-40-30
Grading discretion
Landscaping may be required for tall walls, § 230-220-110.40
Enforcing officer
Director of Licenses, Permits and Inspections
Penalty
Up to $150 per day, Code § 1-15

Summary

New Britain's zoning code does not license retaining walls as a separate structure, but it fixes exactly how their height is measured. Section 230-100.20 measures a retaining wall from the average ground level on each side, and lets any fence or wall on its uphill side stand at least four feet tall regardless of the normal fence schedule.

230-100.20 - Method of Measuring the Height of Fences or Walls. The height of a fence or wall shall be measured from the ground level at the base of the fence; excepting that where there is a retaining wall the height shall be measured from the average of the ground levels at each side of the retaining wall, and further excepting that any fence or wall on the uphill side of such a retaining wall may be at least four (4) feet high, notwithstanding the provisions of the schedule contained in Section 230-100.10.

Full Breakdown

The City's fence and wall rules live in Section 230-100 of the Zoning Ordinance. Section 230-100.10 sets a schedule of maximum fence and wall heights by district, measured separately inside and outside the required front yard; for example, the S-1, S-2 and S-3 single-family districts allow zero feet in the front yard itself but six feet elsewhere on the lot, while the B-2 and B-3 business districts allow up to eight feet outside the front yard. Section 230-100.20 then addresses the special measurement problem a retaining wall creates: because the ground level differs on each side, the height is measured from the average of the two ground levels, and the ordinance explicitly allows any fence or wall built on the uphill side of a retaining wall to reach at least four feet regardless of what the Section 230-100.10 schedule would otherwise permit.

Retaining walls are also affirmatively allowed to project into an otherwise unobstructed required yard under Section 230-40-30, which exempts them from the rule that yards must stay open to the sky. For larger grading projects, Section 230-220-110.40 lets the City Plan Commission or Zoning Enforcement Officer require landscaping along the base of a tall ledge wall or retaining wall to reduce its visual impact. The Zoning Ordinance does not set a separate maximum retaining wall height or a stand-alone engineering-certification requirement in this chapter; taller walls fall instead under the City's Building Code review administered by the Director of Licenses, Permits and Inspections.

Violations & Fines

A retaining wall or an uphill fence built taller than the Section 230-100.10 schedule allows, measured under Section 230-100.20, violates the Zoning Ordinance under Section 280-130. The Director of Licenses, Permits and Inspections can order correction, and noncompliance carries the general fine in Code of Ordinances Section 1-15, up to $150.00 per day, each day a separate offense.

Frequently Asked Questions

How is a retaining wall's height measured in New Britain?
From the average of the ground levels on each side of the wall, per Section 230-100.20 of the Zoning Ordinance. That rule exists because a retaining wall sits at a different height depending on which side you view it from, so the ordinance needs a single measurement point to apply the district's fence and wall height schedule fairly.
Can I build a tall fence on top of my retaining wall?
Yes, within limits. Section 230-100.20 lets a fence or wall on the uphill side of a retaining wall reach at least four feet regardless of the maximum otherwise set by the Section 230-100.10 height schedule for your zoning district, recognizing that the retaining wall itself already absorbs part of the grade change.
Does New Britain require an engineer's stamp for a retaining wall?
The Zoning Ordinance itself does not set a separate engineering requirement in this chapter; it only regulates height measurement and yard placement. Taller or structural retaining walls are reviewed through the City's Building Code permit process administered by the Director of Licenses, Permits and Inspections, not through this zoning section.

Sources & Official References

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