Residents ask Hyde Park to clarify retaining‑wall rules for steep lots

Bonnie McMullen, a Hyde Park resident, told the City Council she and her family are building a home but have been denied permits for an engineered retaining wall because the proposed wall would encroach into a 30‑foot setback. “I’m having a conflict with this because I can’t retain my dirt that I need to because of the slope of my lot and stay in the 30‑foot setback,” she said, asking the council to clarify municipal code language on retention and the definition of “structure.”

Jaren McMullen, speaking with Bonnie, described wide inconsistency across town in how retaining features are treated. He said some properties have retaining walls tied into foundations within 20 feet of a property line, while similar engineered walls are being disallowed elsewhere on the basis of the current definition. He told the council they had paid for engineering and were seeking a regulatory approach similar to neighboring cities that provides clear height and construction limits and phrasing that accommodates sloped lots.

Council and staff members acknowledged the problem and indicated they would refer the residents’ materials to the Planning and Zoning Commission for review. Mayor Cox said he would forward the submitted documents to planning staff and asked staff to bring the issue to the Planning Commission and pursue clarity through the proper channels. City staff pointed to recent adoptions in nearby jurisdictions — Providence City, Smithfield and Logan City were referenced by the speakers — as examples residents used for model language.

The residents asked for specific clarifications (for example, permit thresholds for wall height within setbacks and whether walls tied into a foundation count as a primary structure). Staff and council did not propose an immediate ordinance at the meeting; instead they committed to review the submitted materials with the Planning and Zoning Commission and report back.

The public comment period closed after the two speakers. The council stated it would attempt to coordinate between planning staff and commissioners to resolve the ambiguity and provide clearer guidance to homeowners on steep lots.