Wayne, NJ Fence Regulations: Retaining Walls (2026)

Wayne Township Code § 84-10C, part of the Wayne Township Grading Ordinance, sets four retaining wall standards. Walls shall not endanger adjoining properties. They must be built to sound engineering practice, including proper backfill material and adequate wall drainage facilities to prevent hydrostatic buildup. A building permit is required for walls 4 feet and higher, and those walls must be designed and certified by a professional engineer. Tiered walls must be designed for the increased or surcharge loading of the upper tier onto the next lower tier. Footings, deadmen, tiebacks and geo-grids cannot extend into adjoining properties or easements without the express written consent of the affected landowner, and no portion of a wall may sit within a Township right-of-way or public easement unless the Township Council approves an encroachment agreement.

The land development chapter repeats the engineer requirement. Section 134-66A(4) requires construction of all retaining walls greater than four feet in height in residential districts to be designed, inspected and certified by a professional engineer, and § 134-66B(7) and (9) say the same for nonresidential districts, with (9) reaching walls 4 feet in height or greater. The fence height limits of 4 feet in the front yard and 6 feet in side and rear yards do not apply to retaining walls where the wall is retaining soil to the top of the wall.

The grading chapter applies to any disturbance greater than 500 square feet in area or greater than six inches in depth under § 84-2C, and § 84-4 requires a grading permit. Swales are not permitted along the tops of retaining walls without adequate design and protection, and retaining walls, pools and sheds cannot be built within established swales. The Township Engineer enforces the chapter under § 84-13A, inspects approved plans, and can issue stop-work notices under § 84-11B. A written order requires compliance within 10 days.