Toms River, NJ Fence Regulations: Retaining Walls (2026)

Retaining walls in Ocean County fall under NJ Uniform Construction Code. Per N.J.A.C. 5:23-2.17A, walls 4 feet or less in height (measured from bottom of footing to top of wall) supporting soil not loaded by a surcharge are exempt from UCC permit. Walls over 4 feet, or walls with surcharge loads (driveway, pool, structure above), require a building permit with engineered plans sealed by a NJ-licensed Professional Engineer. Toms River, Brick, Lakewood, Jackson, and coastal towns each apply local zoning setbacks — typically 3 to 5 feet from property lines. In CAFRA (Coastal Area Facilities Review Act) zones along Barnegat Bay and the Atlantic, retaining walls may require NJDEP Division of Land Use Regulation approval. In Pinelands (Manchester, Lacey, Berkeley, Little Egg Harbor, Stafford, Eagleswood, Barnegat), Pinelands Commission review may apply for walls affecting wetlands or stream buffers. Drainage behind the wall (weep holes, drain tile) is required by UCC. Post-Sandy elevated homes sometimes have retaining wall/flood venting issues.