# Retaining Wall Next to Subway Tracks: Who Is Responsible? | NYC Retaining Walls

> Retaining wall next to subway tracks or a railroad? Who's responsible depends on the survey and deed. The 2019 Brooklyn subway-cut case explained. Call today.

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Code Guide

# Retaining Wall Next to Subway Tracks: Who Is Responsible?

Walls along subway cuts and rail lines sit in a gray zone between homeowners and transit agencies. A survey, not an assumption, decides who's responsible.

By NYC Retaining Walls · Updated October 18, 2026

![Old retaining wall at the back of a Brooklyn backyard dropping to an open subway cut with tracks below](https://nycretainingwalls.com/images/subway-open-cut-retaining-wall-behind-brooklyn-backyards-seen-from-yard-1440.webp)

Short answer

It depends on where the wall sits. If a signed and sealed survey puts the wall on your lot and the railroad or transit agency hasn't taken it on, you're responsible, including Local Law 37 filing for walls 10 feet or taller. If it's on the MTA's, LIRR's or Amtrak's property, the agency is. Confirm ownership in writing.

Key facts

-   A railroad counts as a public right-of-way, so a 10 ft+ wall facing tracks can fall under Local Law 37 (1 RCNY §103-09).
-   To dispute ownership, DOB asks for a signed and sealed survey with form RWIP-11 (DOB FAQ).
-   In 2019, DOB violations reached Brooklyn homeowners whose rear walls border subway open cuts (THE CITY, Brooklyn Eagle, News12).
-   A wall on the common lot line with another owner is a joint, 50/50 responsibility (Admin Code §28-305.1.1).

[NYC Retaining Walls](https://nycretainingwalls.com/) is a licensed and insured retaining wall contractor that repairs walls across the five boroughs, including the tall walls behind homes that back onto subway cuts and rail lines. Retaining wall next to subway tracks: who is responsible? It comes down to two documents — a survey and the deed — and one question to the agency that runs the line. Assumptions on either side have cost owners violations. Our [retaining wall violation repair](https://nycretainingwalls.com/retaining-wall-violation-repair/) page covers the work once ownership is clear.

## What happened in Brooklyn in 2019?

In 2019, DOB issued Local Law 37 violations to Brooklyn homeowners whose rear walls border the open subway cuts of the B, Q and N lines in neighborhoods including Bensonhurst and Ditmas Park. THE CITY reported in November 2019 on owners told to inspect walls along the Q train trench, and News12 reported Bensonhurst residents’ fear of city penalties. Reporting described New York City Transit agreeing to take responsibility for the walls, but in December 2019 the Brooklyn Eagle reported homeowners telling elected officials that their violations had not yet been rescinded. The lesson for any owner: the paperwork has to catch up with the agreement, and you should keep proof until it does.

## Who could own a wall above the tracks?

| If the survey and deed show… | Likely responsible | What to do |
| --- | --- | --- |
| Wall wholly on your lot, no agency agreement | You | Maintain it; file under LL37 if 10 ft+ |
| Wall on the transit agency’s or railroad’s land | The agency (MTA/NYC Transit, LIRR, Metro-North or Amtrak) | Survey + RWIP-11 to DOB; confirm with the agency in writing |
| Wall on your lot, but the agency has accepted maintenance | The agency, per its written acceptance | Keep the letter; send it to DOB |
| Wall on the line between you and a neighbor | Both owners, 50/50 | Admin Code §28-305.1.1 |
| Easement or recorded agreement | As the document says | Title report; ask an attorney |

Nothing in this table is automatic. Which agency, if any, owns a particular wall has to be confirmed for that site.

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## Does Local Law 37 apply to a wall above the tracks?

It can. The rule’s definition of public right-of-way includes a **railroad**, so a wall **10 feet or taller** at any point that fronts a rail line may be covered if it’s on your property. That means a Qualified Retaining Wall Inspector every five years, a **$355** filing fee and penalties of **$5,000 a year** for not filing under the rule effective March 23, 2025. DOB’s FAQ addresses this case directly: if you believe the wall belongs to NYC DOT, Metro-North or the LIRR, submit a signed and sealed survey with form **RWIP-11**. If the wall is on your lot and the railroad hasn’t assumed it, you file. See the [Local Law 37 guide](https://nycretainingwalls.com/guide/local-law-37-retaining-wall-requirements/).

## What should you do if you get a violation?

1.  **Don’t ignore it** while ownership is argued — penalties accrue.
2.  **Order a survey** from a licensed land surveyor that locates the wall’s face and footing against your lot line.
3.  **Check your deed and title report** for easements or agreements with the railroad.
4.  **Write to the agency** and ask whether it owns or maintains the wall. Keep the reply.
5.  **Submit the survey with RWIP-11** if the wall isn’t yours, or **file a TR16** if it is.

The [failure-to-file guide](https://nycretainingwalls.com/guide/retaining-wall-failure-to-file-violation/) walks through clearing the violation either way.

## Which areas have these walls?

Brooklyn’s subway open cuts are the best-known case; see our [Brooklyn](https://nycretainingwalls.com/service-areas/brooklyn/) page, where the Cycle 3 window is 2028. Queens has walls along LIRR lines, and Queens files in 2027; see [Queens](https://nycretainingwalls.com/service-areas/queens/). Riverdale lots step down toward the Metro-North Hudson Line; see [Riverdale](https://nycretainingwalls.com/service-areas/riverdale/).

## What does repair next to tracks involve?

If the wall is yours, the code is the same as anywhere: walls 4 feet or taller from the top of the footing, or carrying a surcharge, need a DOB permit and stamped plans (1 RCNY §101-14). The difference is the neighbor. Work beside an active line is likely to need the railroad’s own review, so contact the agency before the job is designed. Repairs are usually face-side work — repointing, crack repair, anchors — priced in the [repair cost guide](https://nycretainingwalls.com/guide/retaining-wall-repair-cost-nyc/) — and anchoring a leaning section, about $75–$105 per linear foot in NYC (Fixr × RSMeans 129.1), is described on [leaning retaining wall repair](https://nycretainingwalls.com/leaning-retaining-wall-repair/).

Bottom line

A wall above the tracks is yours until a survey and the agency say otherwise, so get the survey first, put the ownership question to the agency in writing, and keep filing on time while it's settled. For help with the wall itself, [(718) 555-0100](tel:+17185550100).

## Frequently asked _questions._

**### Does Local Law 37 apply to a wall that faces train tracks?**

It can. 1 RCNY §103-09 defines a public right-of-way to include a railroad, along with streets, sidewalks and alleys. So a wall that is 10 feet or taller at any point, measured including any parapet or fence, and that fronts the tracks may be covered — if it's on your property. If the agency owns it, the filing duty isn't yours; the survey decides.

**### How do I prove the wall belongs to the MTA or a railroad?**

Hire a New York State-licensed land surveyor for a recent signed and sealed survey that locates the wall relative to your lot line. DOB's FAQ says to submit it with form RWIP-11 if you believe the wall belongs to a transit agency or railroad. Also check your deed and title report for easements, and ask the agency in writing whether it maintains the wall.

**### Can I repair a wall that borders the tracks myself?**

If it's yours, yes — with care. Work next to an active rail line is likely to need the railroad's own review in addition to any DOB permit, so contact the agency before you plan the job. The DOB permit rules still apply: walls 4 feet or taller from the top of the footing, or carrying a surcharge, need stamped plans.

Sources

1.  [THE CITY — Brooklyn homeowners wall-eyed at city demand they inspect Q train trench (Nov 7, 2019)](https://www.thecity.nyc/2019/11/07/brooklyn-homeowners-wall-eyed-at-city-demand-they-inspect-q-train-trench/)
2.  [Brooklyn Eagle — Retaining wall violations not rescinded, homeowners tell pols (Dec 11, 2019)](https://brooklyneagle.com/articles/2019/12/11/retaining-wall-violations-not-rescinded-homeowners-tell-pols/)
3.  [News12 Brooklyn — Bensonhurst residents fear city penalties over retaining walls](https://brooklyn.news12.com/bensonhurst-residents-fear-city-penalties-over-retaining-walls-41459894)
4.  [NYC DOB — Retaining wall FAQs](https://www.nyc.gov/site/buildings/safety/retaining-wall-faqs.page)
5.  [NYC DOB — 1 RCNY §103-09 (rule text, Mar 2025)](https://www.nyc.gov/assets/buildings/rules/1_RCNY_103-09.pdf)

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## Related _guides._

-   [Code Guide What Are the Local Law 37 Retaining Wall Requirements?](https://nycretainingwalls.com/guide/local-law-37-retaining-wall-requirements/)
-   [Code Guide How Do I Clear a Retaining Wall Failure to File Violation?](https://nycretainingwalls.com/guide/retaining-wall-failure-to-file-violation/)
-   [Code Guide Who Is Responsible for a Retaining Wall Between Neighbors in NYC?](https://nycretainingwalls.com/guide/who-is-responsible-for-retaining-wall-between-neighbors-nyc/)
-   [Code Guide What Does an SREM Retaining Wall Rating Mean?](https://nycretainingwalls.com/guide/srem-retaining-wall-rating/)
-   [Cost Guide How Much Does a Retaining Wall Inspection Cost in NYC?](https://nycretainingwalls.com/guide/retaining-wall-inspection-cost-nyc/)

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