Albany County retaining walls over 4 feet (measured from bottom of footing to top) require building permits and engineered drawings under the NYS Uniform Code and 2020 Residential Code §R404. Walls under 4 feet with no surcharge are typically exempt but must still meet setback and drainage rules.
The NY State Residential Code (19 NYCRR Part 1220) §R404.5 and the NYS Existing Building Code govern retaining walls. Walls exceeding 4 feet in height measured from bottom of footing to top, or any wall supporting a surcharge (driveway, structure, steep slope), require a building permit and stamped engineering by a NY-licensed Professional Engineer under NY Education Law Article 145. The City of Albany Zoning Code Chapter 375 and Town of Colonie Code Chapter 190 set side setbacks from property lines (typically 3-5 feet), prohibit altering historic grading in designated districts, and require on-site stormwater management per Albany County Stormwater Management Plan (MS4 permit SPDES GP-0-15-003). Hudson River floodplain properties in Bethlehem, Coeymans, and Watervliet must also meet FEMA NFIP elevation and floodproofing requirements. Proper drainage with weep holes, gravel backfill, and drainpipe is required; walls must withstand frost heave given Albany's 48-inch frost depth.
Unpermitted walls over 4 ft: stop-work order under NYS Uniform Code §383, retroactive engineering review required, fines $250-$1,000 per violation. Non-compliant drainage causing neighbor damage: civil liability plus MS4 stormwater enforcement by NYSDEC.
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