In Utica, construction of a retaining wall is exempt from the building-permit requirement unless the wall supports a surcharge or impounds Class I, II, or IIIA liquids. Retaining walls still must meet zoning setback and dimensional rules.
Under the City's building-permit provisions, ordinary retaining walls do not require a separate building permit; however, any wall that supports an additional load (a surcharge, such as a slope, driveway, or structure above it) or that impounds flammable/combustible Class I, II, or IIIA liquids does require a permit. Retaining walls are structures and must still respect the yard, setback, and site-triangle visibility rules in the Zoning Code. For anything supporting a load, engineered plans are typically required. Confirm current thresholds with the Department of Codes Enforcement before building.
Building a surcharge-supporting retaining wall without the required permit, or one that violates setback or visibility rules, is enforceable by Codes Enforcement with stop-work orders and fines.
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