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Retaining Wall Safety Gets an Upgrade: Key Changes to Local Law 37 Requirements

Retaining walls are essential components of New York City’s urban environment, stabilizing soil and protecting properties from erosion and structural damage. To prevent safety risks, Local Law 37 has introduced new guidelines aimed at enhancing inspection standards, repair timelines, and property owner accountability.

Key Updates to Local Law 37


Enhanced Inspection Protocols


Retaining walls over 10 feet tall and facing public rights-of-way must now be inspected every five years by a Qualified Retaining Wall Inspector (QRWI). These inspections focus on identifying early signs of instability, such as:

  • Cracks or material degradation.
  • Leaning or bulging structures.
  • Drainage issues contributing to erosion.

Inspection reports must be submitted to the Department of Buildings (DOB) within 60 days, ensuring timely identification of potential hazards.

Classification of Conditions


Following inspections, retaining walls are classified into four categories:

  • Safe: No immediate issues detected.
  • Safe with Minor Repairs or Maintenance: Requires routine repairs to prevent deterioration.
  • Safe with Repairs and Monitoring: Needs timely repairs and regular checks to avoid further risks.
  • Unsafe: Immediate hazards requiring urgent action.

This classification system helps prioritize repairs and ensures property owners address critical issues without delay.

Repair Timelines and Compliance


Immediate Actions for Unsafe Walls


For retaining walls deemed unsafe, property owners must take immediate measures to safeguard public safety, such as erecting barriers or fencing. Repairs must be completed within 365 days of the inspection filing, unless an extension is approved by the DOB.

Increased Penalties for Non-Compliance


Failure to meet the repair deadlines or submit inspection reports can result in steep fines:

  • Late filing penalties: $250 per month.
  • Failure to address unsafe conditions: $1,000 per month, prorated daily.

These penalties are designed to enforce compliance and ensure the safety of public spaces.

What Property Owners Should Know


Maintaining Proper Documentation


Owners must keep a record of all inspection reports, repairs, and communications with the DOB. These documents ensure transparency and streamline future inspections.

Annual Observations Between Cycles


To prevent issues from escalating, property owners are now encouraged to conduct regular visual assessments of retaining walls between inspection cycles. This proactive step helps identify early signs of deterioration.

The updates to Local Law 37 reflect New York City's commitment to public safety and infrastructure resilience. Property owners play a critical role in maintaining retaining wall safety by adhering to inspection timelines, addressing hazards promptly, and staying informed about compliance requirements.

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