extending driveway and legal questions

I bought a house this year. The driveway is long enough for 2 1/2 cars but only wide enough for 1 car. It has retaining walls on both sides. The wall on the right side is about 4 1/2 feet tall and is leaning maybe 20 degrees. The wall on the left is about 2 feet tall.

So I was thinking about extending the driveway to the left by removing the 2 foot wall and digging down the dirt to driveway level. Letting it compact over a couple of months and then adding some gravel.

My first question is, would this require a permit? Speaking with the city, I think a permit is only required if you prohibit water from seaping into the ground (in other words pouring concrete/blacktop). HOWEVER, I quickly realized the city guy either know very little or is unwilling to help me figure out the system.

Second question, since the other wall is leaning would they deem it unsafe and make me replace it? A neighbor is having his whole driveway redone with blacktop and they made him replace a similar leaning wall. Only difference is that he asked for a permit and I don't think I have to. But even without the permit if the inspector drives by and sees me working, will he look for other illegalities on my home?

Which is the third question, if an inspector comes to my home, can they fine me or make me repair stuff? The house is old and I am sure there are a few unsafe things... but I don't have money to fix everything at once! For instance the stairs on the side of the house from the kitchen to the backyard is falling apart. I know it needs to be fixed, so I just don't use it. If I work on a wall in the front yard with or without a permit... can a city inspector come and make me repair the side stairs?

 

I'm no expert, but I don't think inspectors have the authrourity to make you fix things that are broken. Their concern is with you following the latest code when you do the work to repair or replace it.

I would ask if you need a permit to build a retaining wall. If you don't, go to work.

You should fix that leaning wall, it's going to fall over and hurt someone or damage your vehicle. If it does, your insurance probably won't cover the damages because you will have been negligent.

 

I would also think drooplug is right about the inspectors not being concerned with items unrelated to the work being done..... but they can [or get someone to] condemn property that isn't safe. You would then have a set period of time to fix the problem, contest it or move out

 

The inspector isn't going to walk around your house to find stuff. They want to be there for as short amount of time as possible. Just say you plan to fix it after the wall is done. Worst case, you tear the stairway down and put a railing across the dorr so no one can go out of it. Then fix it when you can. You don't use it anyway.

 

Your questions are highly dependent on the county and township that you live in. Generally speaking, unless there have been complaints or something is precipitously unsafe, I don't think the inspector is going to make you fix anything that's not involved in the scope of work you're getting a permit for.

Replacing a driveway may involve digging down 10" for a solid base, which could in turn undermine a weak retaining wall. So that may be why the neighbor had to replace his.

Just a quick note about the driveway... some municipalities do not like gravel because it tracks onto the street/sidewalk and kids can throw the stones. And in many locations it still counts as an impervious surface (not letting water through). But if you decide to put grass there, some places won't let you park on a non-impervious surface!

Personally, I'd call my state 1-call service to make sure it's safe to dig. If so I'd remove the dirt and throw down some stone but keep it from the end of the drive. If you don't put anything there you will have a mudpit.