Upper Darby, PA Fence Regulations: Retaining Walls (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?
Can I put a fence on top of my retaining wall?
What's the difference between a fence permit and a building permit for a wall?
Sources & Official References
Other rules in Upper Darby
Compare Upper Darby to another location·View the Pennsylvania fence regulations overview
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