Retaining Wall Frequently Asked Questions

In accordance with 1RCNY §103-09 (a)(10) Public right-of way is defined as "A public highway, railroad, street, avenue, alley, public driveway, sidewalk, roadway or any other public place or public way."

The elevation of a retaining wall is part of the public right-of-way if a member of the public who is not associated with the property in question can freely walk up to the façade of the building, even if that retaining wall is on private property.

Modify the entrance to the parking lot to ensure that it is no longer publicly accessible. Ensure the gate to the rear parking lot always remains closed.

Since the retaining wall is one continuous structural element, and a segment of the wall is higher than 10 feet and fronts the public right of way, a TR16 report is required.

If the egress pathway is physically separated from the exterior of the building (through a locked gate, access through the building, etc.), then a TR16 report is not required.

If your retaining wall is less than 10 feet in height you do not need to file a TR16 report.

Based on the definition of the height of the retaining wall listed in 1RCNY 103-09, the height of the supported soil, is not a determining factor. The retaining wall height is the entire height of the retaining wall, and since it exceeds 10 feet and fronts the public right of way, a TR16 report will be required.

If the soil retained by the retaining wall is less than the overall height of the retaining wall, the height could potentially be reduced. The owner could engage a licensed engineer to modify the wall so that the overall height is less than ten feet.

The retaining wall height is defined as “The vertical distance, measured from the ground surface above the toe of the wall to the top of the wall, wall stem, or wall step for tiered walls, including any parapets or fencing material intended for retaining material … “ The height definition is listed in 1RCNY 103-09 (a)(8).

Provide a copy of your property survey, as well as photographs depicting the height of the retaining wall.

Provide a copy of your property survey that should indicate that the retaining wall is located outside of your property limits.

The NYC Department of Buildings does not have copies of the property survey for your property. You will need to obtain a recent property survey prepared by a Licensed Professional Surveyor. It should be noted that the property survey should be a recent survey that accurately depicts the current site conditions. In addition, the property survey should include information showing the location of the retaining wall(s) with respect to the property lines. The signed and sealed property survey will need to be submitted with the RWIP-11 form to the Department.

Provide a clear copy of your property survey. If the retaining wall is located within your property, and the owner of the railroad has not assumed responsibility, then you need to submit a TR16 Report.

If a member of the general public cannot access the retaining wall, then a TR16 report is not required.

The Department of Buildings considers a retaining wall to be shared if it is located on a lot line of adjacent properties and partially on both properties. Under the NYC Administrative Code Section 28-305.1.1 “…the owners of adjacent properties shall be responsible jointly for the proper maintenance and repair of retaining walls, partition fences and other site structures, or portions thereof, that are located along the common lot line and on both of their properties ...”

The ownership of the retaining wall is strictly based on the location of the retaining wall with respect to the property line. If a retaining wall is fully located within one property, then the retaining wall belongs to that property. The definition of the retaining wall ownership is provided in the NYC Administrative Code Section 28-305.1.2 “… where such retaining walls, partition fences or other site structures, or portions thereof, are located entirely on one property, the owner of such property shall be wholly responsible for the proper maintenance and repair of the retaining wall …”

There is no fee required for submitting the RWIP 11 form and requesting the RW violation to be dismissed. Please ensure you have signed all the forms and you have submitted a copy of your property survey that includes photographs depicting the condition of the retaining wall.

Since this retaining wall is located on the adjoining property line, it belongs to the adjacent property. It would be unlawful and contrary to the building code to subject the adjoining structure to lateral loads from your property. The NYC Administrative Code Section 28-305.2 states, “…Hereafter, when an owner elects to set his or her grade either higher or lower than the grade of an adjoining property at the property line, such owner shall erect, maintain and repair a retaining wall of sufficient height, structure and foundation to support such grade differential, and with proper drainage, in accordance with this code, such that the adjacent property is not impacted, and shall do so at the sole expense of such owner and entirely on the property of such owner without access to the adjoining property…”

The retaining walls inspection program conducted by the Department is a separate program from the retaining wall compliance reports requirement. You should retain a licensed professional engineer to prepare the retaining wall compliance report in accordance with the 1RCNY §103-09 regulations.

The filing fees must be paid directly to the Department of Buildings Cashier, by either the owner or his or her authorized representative. The Retaining Wall Unit will not accept checks included as a part of the filing.

Please email the Department at LL37RetainingWalls@buildings.nyc.gov requesting an update of the dismissal of your DOB Retaining Wall Violation.

The status of all the Department of Building violations for your property can be checked at the Public NYC DOB Building Information Search Website. Enter your property address or your lot and block number and click enter to view your property profile and the status of any violations that have been issued to your property.

In accordance with 1RCNY §103-09(a)(11) only a licensed professional engineer as defined in Section §28-101.5 of the NYC Administrative Code with three years of relevant experience can sign TR16 reports.

A Retaining Wall Structural Assessment Report is required as a part of the TR16 filing. The TR16 forms cannot be submitted without an associated detailed structural assessment report.

The detailed requirements of what is to be included in the Retaining Wall Structural Assessment Report are listed in the 1RCNY §103-09. A partial list of what should be included in the Retaining Wall Structural Assessment Report is identified in 1RCNY §103-09 (c) items 1 to 4.

Assumed dimensions are not acceptable. In accordance with in 1RCNY §103-09 (c)(3)(v) at least one cross section of the retaining wall needs to be included with the TR16 filings.

In accordance with the requirements identified in 1RCNY §103-09 (b)(4) the dimensions could be determined by utilizing selective probes, cores and measurements of all the relevant retaining wall dimensions.

Detailed structural engineering calculations need to be included with the Retaining Wall Structural Assessment Report as part of the filing.

A complete investigation of the dimensional properties of the retaining wall is required as a part of the retaining wall program. This investigation will need to include cores, test pits, and soil investigation that will form the basis of the calculations needed under the TR16 Structural Assessment Report.

Independent verification of the as-built condition of the retaining wall is required to be performed, regardless of the existence of previously filed drawings.

A slope stability analysis will be required to be provided as a part of the calculations. The slope stability will need to address the global stability of the earth slope and the structure.

Call 311 whenever an unsafe condition is discovered. Install public protection or close off the area adjacent to the unsafe condition. After public protection or closing off the area , prepare the proposed means and methods of stabilization of the unsafe retaining wall and submit an application as necessary with the Department of Buildings.