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Upper Darby, PA Fence Regulations: Retaining Walls (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Retaining wall under 4 ft
fence permit required
Retaining wall over 4 ft
building permit required
Fence-on-wall setback
6 inches minimum
Governing section
§ 550-39C(3), (4)
Enforced by
Zoning Officer / Building Code office

Summary

Retaining walls under four feet tall in Upper Darby need only a fence permit, while anything over four feet requires a full building permit, under § 550-39C(4) of the Zoning Code. Front yard fences also can't sit directly atop a retaining wall without a six-inch setback.

Front yard fences are prohibited from being located directly above retaining walls and must be set back no less than six inches. Retaining walls under four feet in height will require a fence permit and not a building permit. Retaining walls over four feet in height will require a building permit.

Full Breakdown

Upper Darby folds its retaining wall rules into the township's fence ordinance, § 550-39, rather than a stand-alone wall chapter. Subsection C(4) sets the permit threshold: a retaining wall under four feet in height needs only a fence permit, the same lighter-weight approval used for an ordinary residential fence, while a retaining wall over four feet requires a full building permit, which brings engineering and construction-code review into play. The distinction matters because a building permit application typically requires stamped plans and inspections that a fence permit does not.

Placement is also regulated where a retaining wall interacts with a fence: § 550-39C(3) bars front yard fences from being located directly above a retaining wall, requiring the fence to be set back at least six inches from the wall's edge, a rule meant to keep a fence-on-wall combination from effectively creating a taller barrier than the height limits in § 550-39C(1) and (2) allow. Property owners building a wall to hold back a graded slope, expand a driveway, or level a rear yard need to measure the finished wall height against the four-foot line before applying, since crossing it changes both the permit type and the review standard applied by the Zoning Officer and the Building Code office.

Violations & Fines

A retaining wall built over four feet without a building permit, or a front yard fence set atop a retaining wall without the required six-inch setback, violates § 550-39C. The Zoning Officer can require the work be brought into compliance, and Upper Darby can pursue a civil judgment of up to $500 plus court costs under § 550-53G for continued noncompliance.

Frequently Asked Questions

Do I need a permit to build a retaining wall in Upper Darby?
Yes, but the type depends on height. Section 550-39C(4) requires only a fence permit for a retaining wall under four feet, while a wall over four feet needs a full building permit with the engineering review that requires.
Can I put a fence on top of my retaining wall?
Only if it's set back at least six inches from the wall under § 550-39C(3), which bars front yard fences from sitting directly above a retaining wall. The rule prevents a wall-and-fence combination from exceeding the township's fence height limits.
What's the difference between a fence permit and a building permit for a wall?
A fence permit is the lighter review Upper Darby uses for retaining walls under four feet under § 550-39C(4); a building permit, required over four feet, brings in the construction code review and inspections that taller structural walls need.

Sources & Official References

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