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Retaining Wall Frequently Asked Questions

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What is the formal definition of the public-right-away?

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."

Does the definition of public right-of-way include entry courtyards or plazas that are open to the public but are on private property? What if such courtyards have gates that only allow for access by building occupants and guests?

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.

My building has a retaining wall at the rear of the building directly adjacent a parking lot along the rear of the property. The parking lot is accessible from the street. Are there any modifications that I can do, for the retaining wall to be exempt from Local Law 37?

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.

The retaining wall is publicly accessible. The height of the retaining wall ranges from 4 to 12 feet. Do I need to file a TR16 report?

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.

My multi-family dwelling has multiple fire escapes directly adjacent to the rear (side) of the retaining wall(s). The egress pathway is not accessible to the general public. Do I need to file a TR16 report?

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.

The retaining wall in front of my residence/building is directly adjacent to the public sidewalk but is less than 10 feet in height. Do I need to file a TR16 report?

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

The retaining wall of my property is over 10 feet in height, but it only retains 6 feet of soil. The top four feet of the retaining wall do not retain any soil. Do I 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.

How can I reduce the height of my publicly accessible retaining wall of my property, so I do not have to file a TR16 report?

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.

What is the formal definition of the height of a retaining wall? Where is that definition located?

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).

How do I prove to DOB that my retaining wall is less than 10 feet in height?

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

The retaining wall on the front of my property does not belong to my property. What do I need to submit to DOB regarding the ownership 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.

I do not have a property survey for my property. Does the NYC Department of Buildings have a copy of my property survey?

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.

The retaining wall along the rear of my property is directly adjacent to train tracks. I believe that the wall belongs to NYC DOT/Metro-North/LIRR, and it is outside of my property. What do I need to submit to DOB regarding the ownership of the retaining wall?

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.

I have a retaining wall along the rear of my property that is not accessible by the general public. The height of the wall is over 10 feet in height. Do I need to file a TR16 report?

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

The retaining wall in my property is located along the property line. Whose responsibility is the maintenance and filling of the TR16 report?

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 ...”

Regarding the ownership of a retaining wall, does it make a difference if a given property is located on the low side of the retaining wall or the high side of the retaining wall?

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 …”

Is there a fee for the filing of the RWIP11 forms requesting the removal of a DOB retaining wall violation?

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.

I am leveling my property, and there is an existing retaining wall within inches of the property line that is fully within the adjoining property. Can I backfill against this existing 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…”

I know that the NYC Department of Buildings, has a retaining wall inspection program. Can the Department perform the retaining wall inspection under this program l?

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.

Can I include a check for the TR16 filing fees with my TR16 report?

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.

I have submitted a signed RWIP11 form with all the necessary attachments (i.e. property survey and photographs of my retaining wall), requesting the dismissal of my DOB retaining wall violation, but I have not received any response from the Department. How do I check the status of my retaining wall violation?

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

Can I check the status of my retaining wall violation via the internet?

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.

Can my architect sign and seal the TR16 form? Do I need a professional engineer to sign the TR16 forms and the Retaining Wall Structural Assessment report?

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.

Can my Professional Engineer sign and seal only the TR16 form? Is the Retaining Wall Structural Assessment report also required?

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.

What generally needs to be included in the Retaining Wall Structural Assessment Report? Where can I get some guidance regarding what is to be included in the filing?

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.

I do not have any drawings for my retaining wall. Can I omit all the dimensions or show assumed dimensions in the TR16 filing drawings?

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.

How do I determine the actual dimensions of the retaining wall elements, If I do not have any drawings?

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.

Are detailed structural engineering calculations required as part of the Retaining Wall Structural Assessment Report?

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

What will form the basis of the engineering calculations required under the TR16 Structural Assessment Report?

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.

Can the TR16 calculations be based solely on existing drawings that were found under the NYC Building Department's previous filings?

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

What calculations need to be filled for a TR16 Structural Assessment Report for a retaining wall built along a steep slope. Specifically, other than the standard sliding and overturning structural calculations, what else needs to be included to establish the stability of the retaining wall?

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.

What are the requirements for reporting an unsafe condition for a retaining wall? Are the reporting requirements the same for a retaining wall that is subject to Local Law 37, and a retaining wall that is not subject to Local Law 37. What actions should be taken regarding an unsafe retaining wall?

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.