As Ocean City Elevates, It Will Regulate Retaining Walls

City Council on Thursday gave final approval to an ordinance that would in some cases allow higher retaining walls (but no higher than 30 inches). 

The measure is an attempt to address the new post-Sandy world where owners are elevating their homes and trying to raise the ground to close the gap. The walls are used to prevent new fill from flowing into neighbor's yards.

But a lawyer and members of the public raised an old-world quandary during public comment: On an island where neighbors live in such close proximity, what one does usually affects others.

Permitting retaining walls along the beachfront will result in "increased storm damage and runoff to neighboring properties," said Bob Baranowski, a Marlton attorney representing property owners on the 4800 block of Central Avenue. "In storm surge, they will divert waves. Neighbors will have to build them or suffer the consequences."

The comments of Baranowski and property owners set in motion a long and wide-ranging discussion of existing ordinances regulating retaining walls, existing practice and the new ordinance.

City Solicitor Dorothy McCrosson noted that any new retaining wall along a north-south beachfront line likely would abut an existing bulkhead — a de facto retaining wall higher than any that would be allowed under the new ordinance.

McCrosson and Planner Randy Scheule said the city already has safeguards in place that require the approval of plans (that don't steer water in the direction of neighbors) whenever an owner changes the grade of a property by six inches or more.

The ordinance allows retaining walls of varying heights (depending on the width of setbacks) and it prohibits the use of timber and creosote. In an unrelated change, it addresses the width of corner lots in the Boardwalk residential zone. See the City Council Agenda Packet to read the full text of the new ordinance.

City Council passed the measure in a 4-2 vote with Councilman Pete Guinosso and Councilman Mike DeVlieger dissenting. Councilman Keith Hartzell was not present.