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

Retaining walls in Saratoga County are regulated under the NY State Uniform Fire Prevention and Building Code (9 NYCRR Part 1220) and locally enforced. Section R404.4 of the NY Residential Code exempts walls 4 feet and shorter (measured bottom of footing to top) from permit requirements, unless supporting a surcharge (driveway, structure, or slope). Walls over 4 feet require a building permit plus plans stamped by a New York State-licensed Professional Engineer per NY Education Law §7209. Saratoga Springs Building Department enforces via City Code Chapter 58. Clifton Park Town Code Chapter 112 (Building Construction) requires permit applications through the Building Department. Halfmoon §77 and Malta §93 follow similar procedures. In the Hudson River floodplain (eastern Saratoga County, Stillwater, Halfmoon along the river) and 100-year FEMA zones, retaining walls may require floodplain development permits and must be designed to resist hydrostatic loading. Adirondack foothills slopes (northern county — Wilton, Corinth, Greenfield) often require geotechnical analysis for walls exceeding 4 feet due to frost heave from winters reaching -20°F. Setbacks of 3-5 feet from property lines typical. Drainage behind the wall must not discharge onto neighbors, per common law and NY Town Law §130.