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Southampton Village, NY Fence Regulations: Retaining Walls (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Distance from property line
None in the first 20 feet
Change in grade
No more than three feet
Spacing between walls
At least 15 feet offset
Design
Licensed professional engineer required
Slope between walls
Gradual change not exceeding a 20% slope
Exception route
Special permit, Board of Zoning Appeals, Village Engineer referral

Summary

In the Village of Southampton, § 116-12I bars retaining walls within the first 20 feet of any property line, limits a wall to a three-foot change in grade, requires 15 feet between walls, and requires a licensed professional engineer to design every wall. A special permit covers sanitary system exceptions.

I. Retaining walls. ... For the purpose of this section and for the purpose of establishing maximum height, retaining walls do not include walls supporting subsurface features, including but not limited to stairwells, window wells, below-grade driveways, or sunken tennis courts. Retaining walls regulated under this section are those which result in a change in the grade of a property as compared to the natural grade (see § 116-2, Definitions). This section does not apply to walls utilized for landscape design features which do not change the profile of the property (see § 116-18 for dimensional restrictions relating to "walls"). ... (1) No retaining walls shall be located within the first 20 feet of any property line. (2) No retaining wall shall result in a change in grade of more than three feet. (3) No retaining walls shall be less than 15 feet offset from one another. (4) Retaining walls must be designed by a licensed professional engineer.

Full Breakdown

Section 116-12I regulates retaining walls that change the grade of a property compared with its natural grade. It excludes walls supporting subsurface features such as stairwells, window wells, below-grade driveways or sunken tennis courts, and it excludes landscape design walls that do not change the profile of the property, which fall under the wall dimensions in § 116-18. The section was added on 1-25-2022 and amended 8-11-2022.

The core standards are numeric. No retaining wall can be located within the first 20 feet of any property line. No retaining wall can result in a change in grade of more than three feet. Walls cannot be less than 15 feet offset from one another. Every retaining wall must be designed by a licensed professional engineer. Between walls, a gradual change in grade not exceeding a 20% slope in any location is permitted, but that allowance does not extend to the strip between the property line and a retaining wall, where fill is prohibited. The increase in grade created by walls and fill cannot exceed the required base flood elevation (BFE) for the structure to comply with FEMA construction standards.

Where walls provide area and coverage for dry wells and a sanitary system, the design professional must illustrate the full system profile and identify the soil scour effect. If a wall cannot meet the 20-foot, three-foot, 15-foot, system-design or 20% slope standards because an innovative or alternative wastewater treatment system needs it, a special permit from the Village Board of Zoning Appeals is required, with referral to the Village Engineer. The applicant must show the minimum deviation needed to meet Suffolk County Department of Health Services guidance and submit an application form, a licensed surveyor's survey with test hole information, a site plan with cross section, engineer-prepared wall plans, and drainage calculations.

Violations & Fines

Section 116-40 makes the owner, the tenant, and any agent, contractor or other person who takes part in a zoning violation liable. On conviction, Chapter 1, Article II applies: a violation under the New York Penal Law punishable by a fine not exceeding $2,000, imprisonment not exceeding 15 days, or both, plus court-directed community service (§ 1-17). A wall that stays in place is a continuing violation, and each day counts as a separate offense.

Frequently Asked Questions

How close to my property line can a retaining wall go in the Village of Southampton?
Not within the first 20 feet. Section 116-12I(1) says no retaining walls shall be located within the first 20 feet of any property line. Fill is also prohibited in the strip between the property line and a retaining wall, even where a sanitary system exception is approved under § 116-12I(8).
How tall can a retaining wall be?
The code limits the change in grade rather than naming a wall height. Section 116-12I(2) says no retaining wall shall result in a change in grade of more than three feet. Walls must also be at least 15 feet offset from one another, and each must be engineer-designed.
Do I need an engineer for a retaining wall?
Yes. Section 116-12I(4) says retaining walls must be designed by a licensed professional engineer. Walls used to make room for dry wells and a sanitary system also need the design professional to show the full system profile and the soil scour effect on the system, where applicable.
Is there any way to get an exception?
Only for a sanitary system. Under § 116-12I(8), where a wall cannot meet subsections (1), (2), (3), (5) and (7) to fit an innovative or alternative wastewater treatment system, a special permit from the Village Board of Zoning Appeals is required, with referral to the Village Engineer for evaluation and approval.

Sources & Official References

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