Oyster Bay, NY Fence Regulations: Retaining Walls (2026)
Key Facts
- Permit required
- Building permit under § 93-15, scope § 93-2
- Grading permit
- Separate permit if grade changes, § 93-15(B)
- Height, street yard
- 4 feet above grade, § 246-4.7.1
- Height, other required yard
- 6 feet above grade
- Outside required yard
- Up to 10 feet allowed
- First offense fine
- Up to $350 or 6 months jail
Summary
Retaining walls in the Town of Oyster Bay fall under the Building Construction chapter's permit jurisdiction alongside seawalls, piers and piles, so a homeowner needs a building permit from the Division of Building before building one. Zoning treats a retaining wall as a type of wall: inside a required yard it is held to four feet facing a street and six feet elsewhere, the same limits that apply to ordinary fences.
All matters concerning, affecting or relating to the construction, alteration or removal of buildings or structures herein specified as public, residence, business or storage buildings, together with all their component parts and complements, ice houses, farm buildings, warehouses, pavilions, piles for foundations and for retaining purposes, docks, wharfs, piers, seawalls and retaining walls, erected or to be erected within the zoned areas of the Town and outside the limits of any incorporated village are presumptively provided for in this chapter. [§ 246-4.7.1] Fences and walls, including retaining walls, are permitted within required yards, provided that, except in R1-5A, R1-2A and R1-1A Districts, such fences or walls, or combination thereof, do not extend more than four feet above grade in any yard abutting a street, and six feet above grade in any other required yard.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).
Full Breakdown
Town Code § 93-2 spells out what the Building Construction chapter covers, and it names retaining walls specifically alongside seawalls, piers, docks and piles for foundations and retaining purposes. That means building or altering a retaining wall in the Town of Oyster Bay, outside the incorporated villages, needs a building permit under § 93-15 before excavation or construction starts, applied for in writing under § 93-16 by the owner, lessee or an authorized agent, architect, engineer or builder. 1: a wall inside a required yard cannot rise more than four feet above grade in a yard abutting a street, or six feet above grade in any other required yard, except in the R1-5A, R1-2A and R1-1A Districts and all nonresidence districts, where six feet is allowed anywhere on the lot.
A retaining wall or combination of wall and fence sitting outside a required yard altogether can run up to 10 feet. Any retaining wall built to hold back a grade change must also respect the Town's separate grading-permit requirement: § 93-15(B) makes it unlawful to alter the existing or natural grade of a parcel without a grading permit from the Commissioner of the Department of Planning and Development, though a grading plan folded into a building permit application does not need its own separate permit.
Violations & Fines
Building or altering a retaining wall without the required building or grading permit is punishable under § 93-12: up to $350 or six months in jail for a first offense, $350 to $700 for a second offense within five years, and $700 to $1,000 for a third or later offense within five years, with the owner, tenant and any contractor each separately liable.
Frequently Asked Questions
Do I need a permit to build a retaining wall in the Town of Oyster Bay?
How tall can a retaining wall be in a side or rear yard?
Is a retaining wall treated differently from a fence under the zoning code?
Sources & Official References
Other rules in Oyster Bay
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