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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 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.
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.
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.
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 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.