Union, NY Fence Regulations: Retaining Walls (2026)

Section 86-4(B)(4) of the Town of Union Code takes the construction of retaining walls out of the building permit requirement, with one condition: the exemption ends when the wall supports a surcharge or impounds Class I, II or IIIA liquids. The section prints no height or length threshold, so the trigger is what the wall holds, not how tall it stands. Subsection C adds that the exemption is not an authorization for work performed in violation of the Uniform Code or the Energy Code, so an exempt wall still has to meet those codes.

When a wall does fall outside the exemption, Section 86-4(A) applies, and the work needs a permit from the Code Enforcement Officer before anyone starts. The application is written on the Code Enforcement Officer's form and signed by the owner or an authorized agent. It carries a description of the work, the Tax Map number and street address, and at least two sets of construction documents that define the scope, show the nature and extent of the work and substantiate compliance. Under Section 86-4(D)(5)(b) those documents are prepared by a New York State registered architect or licensed professional engineer where the Education Law so requires, and where applicable a site plan shows the distances between buildings and structures and the lot lines. The permit is displayed at the work site, becomes invalid if work has not begun within six months of issuance, and expires 12 months after issuance. Section 86-5 then requires inspection of the elements of work, such as footing and foundation, where applicable, and a final inspection once all authorized work is complete. Section 86-16 prints the fee schedule, set by resolution of the Council of this Town, and the schedule lists a 100% increase for failure to obtain a permit before work starts.