Passaic, NJ Fence Regulations: Retaining Walls (2026)

§ 317-50A(1)(e) exempts retaining walls, by name, from the height restrictions the rest of § 317-50A places on fences and walls in a required yard, unlike a standard fence, a retaining wall isn't capped at four or six feet under this section. § 317-55C, the excavation and soil removal provision in the same zoning chapter, requires 'any earth moving, grading, filling, removal of topsoil, except in connection with approved construction projects' to get its own permit from the Construction Code Official, and the application has to include topographic conditions, both existing and proposed, utilities, street lines and the retaining walls themselves, plus any further information the Engineering Department or Building Department asks for.

Because § 317-55C names retaining walls specifically in the list of information an excavation applicant must submit, the Construction Code Official, not the Zoning Board, is the office reviewing the grading and wall plan, working alongside the Engineering Department on topographic review. A retaining wall built without that excavation permit, or one that ends up functioning as a fence taller than § 317-50A allows once you count what's above it, falls back into ordinary Chapter 317 enforcement.