New Rochelle, NY Fence Regulations: Retaining Walls (2026)

Section 111-24 of the New Rochelle Building Code puts the burden squarely on whoever changes the grade: the person causing such change to be made shall erect, when necessary, a retaining wall at his own expense and on his own land. The wall has three explicit requirements: it must be tall enough to retain the adjoining earth, it must be properly coped, and it must carry a guardrail or fence not less than three feet in height. Chapter 111's scope section, § 111-2, specifically lists retaining walls among the appurtenant construction the chapter governs alongside vaults and area and street projections, so wall work that involves construction, alteration or excavation triggers the general building permit duty in § 111-8: no one may commence such work without first filing an application with the Building Official and obtaining a permit, except where the code exempts the work outright.

Retaining walls also interact with the City's fill rules. Under § 111-25D(4)(a)[5], no fill may be placed on land until all required retaining walls are completely constructed and in place, unless the property owner shows practical difficulty or undue hardship and obtains a variance from the Board of Standards and Appeals. That link means a homeowner grading a sloped lot for fill cannot simply place soil against a neighboring property line first and build the wall later. The Building Official, housed in the Bureau of Buildings, administers both the permit and the fill provisions, and inspects retaining wall work along with other construction activity under the general inspection authority of § 111-18.