Tonawanda, NY Fence Regulations: Retaining Walls (2026)
Key Facts
- Permit needed if
- Wall supports surcharge or liquids
- First violation
- Written warning only
- Second violation fine
- $50 within 12 months
- Repeat violation fine
- $250 each time after 4th
- Reviewing officer
- Code Enforcement Officer
Summary
Building a retaining wall in the Town of Tonawanda needs no building permit under § 54-5.B(4), unless the wall supports a surcharge load or impounds Class I, II or IIIA liquids, in which case full permit review applies. Violating the chapter's terms brings an escalating penalty under § 54-23, from a written warning up to a $250 fine for repeat offenses within 12 months.
(4) Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids; ... ... A. Except as otherwise provided for by this chapter or state law, any violation by a person, firm or corporation of any provision of this chapter, as amended from time to time, shall be deemed a violation punishable by the following: (1) First violation, a written warning; (2) Second violation within 12 months of the first violation, a fine of $50; (3) Third violation within 12 months of the first violation, a fine of $100; (4) Fourth violation within 12 months of the first violation, a fine of $150; and (5) Each subsequent violation within 12 months of the first violation, a fine of $250.
Full Breakdown
Section 54-5.B(4) exempts retaining wall construction from the Town's building permit requirement, but only in the ordinary case. The exemption drops away, and a building permit is required, whenever the wall will support a surcharge, an added load such as a driveway, parking area or structure bearing on the soil behind the wall, or will impound Class I, II or IIIA flammable or combustible liquids, categories drawn from the Uniform Fire Prevention and Building Code. As with every exemption listed in § 54-5.B, § 54-5.C makes clear that skipping the permit is never a license to build in a way that violates the Uniform Code or Energy Code; a wall built without a permit still has to meet the same structural standards a permitted wall would.
Where a permit is required because a wall exceeds the exemption, the application follows § 54-5.F: a description of the work, the Tax Map number and address, two sets of construction documents showing the wall's design and its distance from lot lines, and the fee set under § 54-20. The Code Enforcement Officer, appointed under § 54-4, reviews the application within 60 days under § 54-5.I. Violations of Chapter 54, including building a wall requiring a permit without one, escalate under § 54-23.A: a first violation draws only a written warning, a second within 12 months a $50 fine, a third $100, a fourth $150, and every violation after that within the same 12-month window a $250 fine.
Violations & Fines
A retaining wall that needs a permit, because it carries a surcharge or impounds Class I, II or IIIA liquids, but was built without one is a Chapter 54 violation. Section 54-23 escalates the penalty within any 12-month period: a written warning for the first offense, then fines of $50, $100 and $150 for the second through fourth, and $250 for every violation after that. Anyone assisting in the work is equally liable under § 54-23.B.
Frequently Asked Questions
Do I need a permit to build a retaining wall in the Town of Tonawanda?
What is a 'surcharge' that triggers a retaining wall permit?
What is the penalty for building a retaining wall without a required permit?
Does the retaining wall permit exemption excuse unsafe construction?
Sources & Official References
Other rules in Tonawanda
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