Where grade differs between properties or a property and the public right-of-way, Ontario allows a wall or fence combined with a retaining wall above the normal height limit, but a retaining wall adjacent to the public right-of-way is capped at 3 feet, with a free wall up to 6 feet and an overall height of 9 feet; deeper cuts must be tiered.
Ontario Development Code Section 6.02.020.C.5 (residential) and 6.02.025.C.3 (nonresidential) allow the Planning Director to approve walls and fences built in combination with retaining walls that exceed the base height limits, to accommodate grade differences. However, where such a combination wall is adjacent to a public right-of-way it must have a maximum retaining wall height of 3 feet, a maximum free wall height of 6 feet, and a maximum overall height of 9 feet. Where more than 3 feet of earth retention is needed adjacent to a public right-of-way, retaining walls must be tiered as shown in Figure 6.02-1 (Tiered Retaining Wall Design Concept) (6.02.020.C.6; 6.02.025.C.4). A separate building permit is required for any retaining wall over 2 feet in height, measured from the bottom of the footing to the top of the wall (City Building Permit FAQs). Retaining walls visible to the public must meet the decorative-masonry material standards of 6.02.020.B.
Over-height or untiered retaining walls adjacent to the right-of-way require Planning Director approval; unapproved work is subject to stop-work orders and Community Improvement enforcement, plus building-permit penalties for walls over 2 feet built without a permit.
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