Richmond County, NY Fence Regulations: Retaining Walls (2026)

Retaining walls in Richmond County are regulated by the NYC Building Code (2022 edition, adopted via NYC Admin Code Title 28) and enforced by the NYC Department of Buildings. Per NYC Building Code §3304 and §1807.2, any retaining wall over 3 feet in height — or any wall supporting a surcharge (driveway, structure, slope) regardless of height — requires a permit, plans sealed by a New York State licensed Professional Engineer or Registered Architect, and Special Inspections for soils, reinforcement, and drainage per §1704.22. The NYC threshold is lower than the 4-foot IRC default because of the borough's dense development and hillside conditions. Staten Island's hilly North Shore neighborhoods (Grymes Hill, Todt Hill, St. George) often trigger geotechnical borings and SI-Hillside district rules under ZR §119-00 (Special South Richmond Development District) or Lower Density Growth Management Area (LDGMA) tree/grading overlays. Drainage (weep holes, granular backfill, perforated drain) must be shown on plans; discharge to the public sewer requires DEP approval. Walls within 3 feet of the property line may require neighbor notification and a party-wall or license agreement under Real Property Actions and Proceedings Law. Unpermitted walls generate ECB/OATH summonses adjudicated at the Office of Administrative Trials and Hearings.