Atlantic County, NJ Fence Regulations: Retaining Walls (2026)

Section 72-4A of the Atlantic County Code requires that, in addition to any permit needed under Section 72-3, an applicant building a retaining wall along, under or over a County right-of-way may also be required to enter into an agreement with terms including but not limited to responsibility for design, construction, ownership, maintenance, relocation of and liability for proposed improvements, when the wall will not be owned and maintained by the County. The agreement must be recommended by the County Engineer and County Counsel, and the Board of County Commissioners must adopt an authorizing resolution before it takes effect.

Before the Commissioners act, the wall first goes to either the County Development Review Committee, if it is part of a site plan or subdivision reviewed under County Code Chapter 86, or to the County Planning Advisory Board after a public hearing where the applicant must show the design meets the County's standards and does not raise safety concerns, if it was not reviewed under Chapter 86 (Section 72-4A). On top of the permit fees under Section 72-7, Section 72-4B lets the County charge the applicant its actual costs for the County Engineer, County Planner, County Inspector, and County Counsel to prepare and carry out the agreement.

Retaining walls also appear in Section 72-6B(3)(f) as an existing condition that must be dimensioned on the permit plan, and in Section 72-5C as an improvement barred from the right-of-way absent this approval process.