West New York, NJ Fence Regulations: Retaining Walls (2026)

The Town Code regulates retaining walls through a permit fee and through its flood damage prevention chapter. It does not print a retaining wall height cap. Under the building fees in § 161-2B(2), a retaining wall up to 550 square feet costs $250 and one over 550 square feet costs $375, set against a $70 minimum building permit fee. Plan review is a nonrefundable 20% of the permit fee, and the Code Enforcement Department collects fees before a permit is issued.

Chapter 204 adds standards where a wall sits in a flood hazard area. Section 204-85 says retaining walls, sidewalks and driveways that involve placement of fill in floodways must meet § 204-41A and N.J.A.C. 7:13. Section 204-41A requires a floodway encroachment analysis, signed and sealed by a licensed professional engineer, showing the encroachment will not cause any increase in base flood elevations. Section 204-34 requires anyone intending development in a flood hazard area to apply to the floodplain administrator first, and the administrator can require a floodplain development permit in addition to the building permit.

In coastal high hazard areas (V Zones) and Coastal A Zones, § 204-88 permits development other than buildings, a category that names bulkheads, seawalls, retaining walls, revetments and similar erosion control structures, only when authorized by the appropriate federal, state or local authority, located outside the footprint of and not structurally attached to buildings, and supported by a licensed professional engineer's analysis showing no harmful diversion of floodwater or wave runup and wave reflection.

Where a wall is part of a variance or conditional use, § 414-57A(7) lets the Board of Adjustment attach conditions on the grading and the location and type of retaining walls or structures, and those conditions become part of any building permit or certificate of occupancy issued.