Smithtown, NY Fence Regulations: Retaining Walls (2026)

Town Code § 112-26 covers retaining walls together with sea walls and bulkheading: no such structure of any character may be constructed, altered, removed or demolished, and no work toward it may even be commenced, until a permit has been applied for and obtained under the general building permit procedure in § 112-10. That underlying section requires the application to identify the land, describe the proposed work, state its valuation, and include duplicate plans and specifications, plus the name and address of the owner and applicant.

Section 112-26 adds a wall-specific condition on top of that general process: no permit for a retaining wall, sea wall or bulkhead may be issued until detailed plans and specifications for the proposed structure have been submitted to and approved by the Town Engineer, not merely the Chief Building Inspector who handles ordinary building permits. Because the permit is issued under Article II of Chapter 112, it is subject to the same performance rules as any other building permit: under § 112-13 it remains effective to start work for six months from issuance, with up to two three-month extensions for good cause, and the permit must be displayed at the job site during construction.

It can also be revoked under § 112-14 if the work strays from the approved plans or if it was issued based on a false statement. Because retaining walls, sea walls and bulkheading are singled out by name in a chapter that otherwise deals with buildings and structures generally, the Town Engineer's plan approval functions as an added engineering check specific to earth-retention and shoreline work, on top of the Chief Building Inspector's standard building-permit review.