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New Brunswick, NJ Fence Regulations: Retaining Walls (2026)

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

Key Facts

Class 3 over 550 sq. ft. surface area
$150.00
Class 3 under 550 sq. ft. surface area
$100.00
All other classes
Billed as an alteration fee
Alteration minimum fee
$100
Where fees are paid
Central permit office
Fill in a floodway
Engineer-sealed encroachment analysis required

Summary

In the City of New Brunswick, New Jersey, a retaining wall has its own line in the construction permit fee schedule. A Class 3 structure with more than 550 square feet of surface area pays $150, a smaller Class 3 structure pays $100, and every other class is billed as an alteration.

6.Retaining walls fee shall be as follows:

a. Class 3 structure greater than 550 sq. ft. surface area. $150.00

b. Class 3 structure less than 550 sq. ft. surface area. 100.00

c. All other class structure, any size surface area shall be based as an alteration fee.

Full Breakdown

The retaining wall fee is item 6 of the Building Subcode Fees in § 15.04.120, part of Chapter 15.04, which adopts the State Uniform Construction Code. The schedule keys the charge to the structure's class and its surface area, not to a printed wall height. A Class 3 structure greater than 550 square feet of surface area costs $150.00, and a Class 3 structure less than 550 square feet costs $100.00. Any other class of structure, at any size of surface area, is billed as an alteration.

The alteration rate is the renovation schedule in the same section: $40 per $1,000 of estimated cost up to $5,000, $25 per $1,000 from $5,001 to $20,000, and $20 per $1,000 above $20,000, with a $100 minimum. Fees are payable to the City of New Brunswick at the central permit office, and a plan change after an application is released costs an additional $60 per hour with a one-hour minimum. Fences over 6 feet appear in the same list at $100.00.

Flood rules add engineering. Chapter 15.36 lists retaining walls among the utility and miscellaneous Group U structures (§ 15.36.170), and in a flood hazard area those structures must be anchored to prevent flotation, collapse or lateral movement up to the local design flood elevation. Under § 15.36.150.E, a retaining wall that involves placement of fill in a floodway must meet § 15.36.060.C.1, which calls for a floodway encroachment analysis signed and sealed by a licensed professional engineer showing that the encroachment will not cause any increase in base flood elevations, and it must also meet N.J.A.C. 7:13. The zoning definitions in Chapter 17.02 describe a bulkhead as a retaining wall behind which fill is placed along a body of water.

Violations & Fines

The retaining wall fee line prints no penalty of its own. Where an ordinance states no specific penalty, the fine is not less than $100 nor exceeding $2,000, or up to 90 days in jail, or both, or up to 90 days of community service (§ 1.08.010). Inside a flood hazard area, § 15.36.010.H sets a fine of not more than $2,000 and gives the owner a 30-day period to cure before a larger fine.

Frequently Asked Questions

How much is a retaining wall permit in New Brunswick?
The fee depends on class and surface area. A Class 3 structure greater than 550 square feet of surface area is $150.00, and a Class 3 structure less than 550 square feet is $100.00. Any other class of structure, at any size, is billed as an alteration fee under § 15.04.120, item 6 of the Building Subcode Fees.
How is a retaining wall outside Class 3 charged?
It is billed as an alteration fee. That rate is $40 per $1,000 of estimated cost up to $5,000, $25 per $1,000 from $5,001 to $20,000, and $20 per $1,000 above $20,000, or fraction thereof, with a minimum fee of $100.
Does a retaining wall in a floodway need an engineer?
When the wall involves placement of fill in a floodway, § 15.36.150.E sends it to § 15.36.060.C.1 and N.J.A.C. 7:13. Section 15.36.060.C.1 requires a floodway encroachment analysis signed and sealed by a licensed professional engineer showing no increase in base flood elevations.
Where are retaining wall fees paid?
All construction fees are payable to the City of New Brunswick at the central permit office. The office works under the construction official, receives permit applications, issues permits and collects fees. A change to an application after it is released costs an additional $60 per hour, with a one-hour minimum.

Sources & Official References

Other rules in New Brunswick

All New Brunswick rules

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