Amherst, NY

Amherst charges annual per-unit fees, not a lodging tax, to run a short-term rental. Amherst Code § 44-20.B sets the fee at $250 a year for an owner-occupied unit and $500 a year for a…

Anyone renting a dwelling unit in the Town of Amherst for one to thirty days needs a short-term rental registration certificate from the Building Department before renting it out, and…

Amherst's property maintenance code caps weeds and plant growth on exterior property at 10 inches (254 mm) under § 151-60D and bans noxious weeds outright, while cultivated flowers and…

Amherst allows residential composting only as an accessory use, capping each property at three enclosed bins of one cubic yard or less, five feet tall, kept three feet from side and…

Amherst requires a tree removal permit from the Commissioner of Building before anyone cuts down, kills or destroys a privately owned tree over 4 inches in caliper, measured 6 inches…

Amherst Town Code puts the pruning duty on the property owner: any tree overhanging a street or right-of-way must be trimmed so branches don't block the view at an intersection and so…

Amherst's Property Maintenance Code requires smoke detectors to be installed and maintained in accordance with all applicable New York State codes, rules, regulations, and laws under §…

Chapter 36 of the Amherst Town Code bans burning any materials in an open fire anywhere in town outside the Village of Williamsville, unless the burning fits one of the narrow…

Backyard fire pits and camp fires in the Town of Amherst don't need a permit, but Code § 36-5 caps them at three feet across and two feet high, requires seasoned wood unless the fire…

Amherst Code § 83-5-3 requires a fire prevention permit for any liquefied petroleum gas installation over 1,000 gallons' water capacity, and for every permanent LP-gas installation…

New York Penal Law bans most consumer fireworks statewide. Ground-based sparkling devices are legal by default outside New York City, though counties may opt out and about a dozen have…

New York's Environmental Conservation Law Section 9-1105 makes it unlawful to set any open fire burning brush, leaves, grass, or debris in a designated fire town without a written…

Amherst's noise code makes it a violation to run any sound-reproduction device, indoors or out, if the sound carries onto a residential property more than 100 feet from the source's…

Amherst confines noisy construction work to fixed weekly windows: 7 a.m. to 9 p.m. on weekdays, 8 a.m. to 5 p.m. on Saturday, and 9 a.m. to 5 p.m. on Sunday. Any erection, demolition…

Amherst's noise code reaches one specific aircraft use: advertising noise made by means of aircraft. Amherst Code § 138-5N bars broadcasting ads, calls or announcements from a street…

Amherst regulates stationary noise sources like generators, compressors and rooftop equipment by decibel limit rather than distance. Table I under Amherst Code § 138-5P caps sound at…

Playing a car stereo loud enough to threaten pedestrian or driver safety is a stand-alone violation in Amherst. Amherst Code § 138-5C and § 138-5D make any vehicle sound-reproduction…

Amherst bars keeping a dog that makes unreasonably loud or disturbing noise, like repeated barking or howling, and backs it with a fine of up to $500 per violation.

A dog off its owner's property anywhere in Amherst outside the Village of Williamsville must be on a leash no longer than six feet and under a responsible person's control, except in…

Amherst Code Chapter 99, Article II bars turning a cat loose: whoever harbors one must make a reasonable effort to keep it on the property and under control, stop it from yowling…

Amherst's Zoning Code does not cap dogs by a simple household number; instead it defines a "kennel" as any premises with four or more dogs over four months old. Hit that fourth dog and…

Amherst bans keeping livestock outside farm districts but carves out backyard chickens: up to six hens, no roosters, a Building Department permit, and a coop that keeps them fully…

Amherst zones pet grooming facilities as a commercial use under Town Code § 203-6-4-1, permitted only in the zoning districts whose use tables list "Animal grooming, cat boarding…

Amherst's Zoning Ordinance allows animal hospitals and veterinary clinics only where the district use table permits them, and only inside a completely enclosed building. Section 6-4-1…

The Town of Amherst outlaws feeding wild waterfowl, including Canada geese and mallard ducks, anywhere in town at any time of year. Adopted in 2006 after feeding caused rat…

Agriculture and Markets Law Article 15 establishes a uniform statewide apiary inspection program with mandatory disease control standards applicable to all hives in New York.

Agriculture and Markets Law section 107(5) preempts municipalities from enacting breed-specific dog regulations, ensuring uniform treatment regardless of breed across New York.

Environmental Conservation Law section 11-0512 universally prohibits possessing wild animals such as big cats, bears, wolves, and venomous reptiles as pets across New York.

In the Town of Amherst outside the Village of Williamsville, a fence itself does not need a separate building permit. Amherst Code § 83-5-1 lists fence installation among the exempt…

Amherst caps residential fences and walls at six feet, rising to eight feet where the lot abuts a nonresidential district, with a 12-foot allowance for tennis court enclosures. Corner…

Amherst's zoning code bars barbed wire and similar security topping on fences in nonresidential districts, and caps those fences at eight feet unless they screen a loading dock…

A retaining wall in the Town of Amherst skips the building permit that most other structures need. Amherst Code § 83-5-1 exempts retaining wall construction from a building permit…

New York's Town Law § 300 makes adjoining landowners split the cost of a division fence along their shared boundary, but only when the land is actually used to keep animals…

Amherst Code § 83-5-1 exempts above-ground pools from the building permit requirement only when the water depth is under 24 inches. Deeper above-ground pools and any in-ground pool…

Residential pool safety in Erie County is governed by the New York State Uniform Code, which requires barriers, alarms, and safety covers. Public pools additionally meet Subpart 6-1…

Amherst bars parking any vehicle longer than 225 inches, wider than 80 inches, or taller than 81 inches on a residential street, on top of the chapter's other parking rules. Exceptions…

The Town of Amherst requires anyone who plows snow with a vehicle outside the Village of Williamsville to hold an annual permit from the Town Clerk, and separately bars any person from…

Amherst bars parking any vehicle on a Town highway or county road for more than 24 consecutive hours, a blanket limit that applies everywhere in the Town regardless of posted signage…

Amherst bans overnight street parking every winter: no vehicle may park on any Town or county road between 1:00 a.m. and 7:00 a.m. from November 1 through April 1. The rule covers the…

Inside Amherst's planned-development neighborhoods, the Zoning Ordinance flatly bans outside storage or parking of recreation vehicles, campers, boats and trailers on residentially…

Amherst zoning requires nonresidential buildings to provide dedicated off-street loading spaces sized at least 12 by 20 feet, hidden from the frontage street, and scaled to the…

Amherst's Vehicles, Abandoned chapter deems a car abandoned after set time thresholds: six hours unregistered, 24 hours in an unposted spot, 48 hours after parking there turns illegal…

Amherst bars parking vehicles in a required front yard unless it's on a paved surface, though driveways themselves may sit in the front yard without meeting normal setbacks. On…

New York has adopted statewide building code and Public Service Commission rules governing EV charging installation, accessibility, and utility interconnection that apply uniformly to…

New Yorkers outside New York City who get towed or booted from a private lot rely on General Business Law 399-v, not a statewide rate cap. The law applies only to lots with capacity…

An Amherst accessory dwelling unit needs a Special Use Permit under § 8-6 and must meet § 6-8-2 standards: 500 to 900 square feet, no more than 49% of the principal home's floor area…

Amherst requires the owner of an accessory dwelling unit property to live in either the principal dwelling or the ADU. Zoning Ordinance § 6-8-2A(8) makes the owner certify that one of…

Sheds and other accessory structures in Amherst's residential districts can't sit in the required front yard and are capped at 20 feet in height, or the principal house's height if…

A Type 1 Home Occupation in Amherst may carry no sign at all. A Type 2 Home Occupation, approved by the Zoning Board of Appeals, is limited to one unlighted sign of no more than two…

Amherst allows home occupations only as accessory to residential use under Zoning Ordinance § 6-8-6: no outside evidence of the business, visitor hours limited to 8 AM-9 PM, floor area…

New York lets you sell home-baked and other shelf-stable foods without a food processing license through the Department of Agriculture and Markets Home Processing exemption, which…

New York Social Services Law preempts municipalities from imposing additional licensing on family or group family day care homes and requires the Office of Children and Family Services…

Amherst requires site plans in eight mixed-use zoning districts, Traditional Infill 2.5, Traditional Infill 4, Center 2.5, Center 5, Center 8, Deep Corridor 3, Deep Corridor 5 and…

Every occupied or unoccupied rental structure in the Town of Amherst must meet the Property Maintenance Code's minimum habitability standards for light, ventilation, heating…

Owners of rental housing in the Town of Amherst must obtain a rental dwelling unit registration certificate from the Commissioner of Building before renting any unit, file an…

The Town of Amherst excuses landlords from its rental dwelling unit registration law for properties covered by the Erie County PHA Consortium Section 8 Renters Association, alongside a…

Before filing a nonpayment eviction, a New York landlord must serve a 14-day written rent demand under RPAPL Section 711. The demand requires, in the alternative, payment of rent or…

New York's Good Cause Eviction Law (RPL Article 6-A) limits evictions and rent hikes for covered tenants in NYC by default, with optional adoption by other municipalities.

Real Property Law Section 238-a, added by the 2019 HSTPA, caps residential late fees at $50 or 5% of the monthly rent, whichever is less, and bars any late fee until rent is more than…

To end a tenancy or decline to renew, a New York landlord must give written notice scaled to how long the tenant has lived in the unit under Real Property Law Section 226-c: 30 days…

New York requires advance written notice before a landlord raises rent 5% or more, or declines to renew a lease. The notice window scales with how long the tenant has lived in the…

Since the 2019 Housing Stability and Tenant Protection Act, New York landlords cannot collect a security deposit larger than one month's rent. Within 14 days after a tenant vacates…

New York's adverse possession period is 10 years of continuous, exclusive possession under RPAPL Sections 501 and 511. A 2024 budget amendment to RPAPL Section 711 clarified that…

Amherst requires vacant land and vacant structures to be kept in a clean, safe, secure, and sanitary condition so they do not become a blighting problem, per § 151-59C, and separately…

Outside the Village of Williamsville, Amherst's Building Commissioner inspects any structure that is severely deteriorated, collapsed, or in danger of collapsing and files a report…

Amherst's Bingo Licensing Law, adopted by the Town Board in 1958 and approved by voter referendum, requires any religious, charitable, veterans' or volunteer-firefighter group running…

New York's Upstate Gaming Economic Development Act divides the state into two casino development zones. Zone One is New York City plus Nassau, Putnam, Rockland, Suffolk, and…

New York's Penal Law never criminalizes playing a private card game or betting pool: it only criminalizes advancing or profiting from gambling. Penal Law § 225.00(3) protects anyone…

Sports betting is legal in New York only through operators licensed by the state Gaming Commission under Racing, Pari-Mutuel Wagering and Breeding Law Section 1367-a. Nine mobile…

When a tenant or neighbor complains that a property fails to meet the Uniform Code, Energy Code, or another Town ordinance, Amherst Code § 83-14-1 requires the Commissioner of Building…

By registering a rental unit in the Town of Amherst, the owner consents to inspection by the Commissioner of Building for compliance with the housing code and the state Uniform Fire…

Amherst's Property Maintenance Code requires elevators, dumbwaiters, and escalators to be kept free of physical and fire hazards and to safely sustain all imposed loads under § 151-81…

Owners of Amherst rental properties built before 1978 must certify awareness of lead paint risks and federal disclosure duties when they register, and the Building Department can order…

Amherst Code § 83-5-4 requires a separate electrical permit or quick permit from the Commissioner of Building before any electrical installation, alteration or repair of wiring or…

Amherst Code § 83-5-2 requires a separate plumbing permit or quick permit from the Commissioner of Building before any plumbing, drainage or sewer contracting work begins on a…

Amherst Code § 83-5-1 requires a separate building permit or quick permit from the Commissioner of Building before almost any construction, alteration, enlargement or demolition begins…

Amherst requires every stage of permitted construction work to pass a Commissioner of Building inspection before it can be covered up. The permit holder must call for each inspection…

Amherst's Secondhand Dealers law, Chapter 157, requires dealers in jewelry, diamonds, watches, rings, furs, gold, silver, plated ware, clothing, and tools to hold that merchandise 21…

Amherst's zoning code flatly bans automobile and body/fender repair as a home occupation anywhere in town. Even an otherwise-legal Type 1 or Type 2 home business cannot include fixing…

Amherst's Zoning Ordinance flatly prohibits any massage parlor, studio or establishment operated by a person who is not licensed by New York State as a massage therapist or medical…

Amherst permits sexually oriented businesses only where they meet locational standards in Zoning Ordinance § 6-6-2: none within 500 feet of most residential zoning districts, 1,000…

Every pawnbroker operating in Erie County must hold a dealer's license issued by the Erie County Sheriff under Local Law No. 1 of 2018. The law bars pawnbrokers from buying goods from…

New York requires state retail registration for every tobacco and vapor product seller and bans online or mail-order shipment of vape products directly to consumers statewide.

Amherst prohibits dumping garbage, debris or recyclables anywhere in the public right-of-way or on any privately owned land in the Town outside Williamsville. Dumping fill without the…

Amherst limits residents to eight bulk items at the curb per collection cycle beyond regular garbage totes. Put out more than eight, or set them out too early, and the Town issues a…

Amherst lifts its normal cut-and-bundle rule for Christmas trees for a five-and-a-half week window: holiday trees can go straight to the curb through December and the first fifteen…

Once an Amherst resident sets recyclable material at the curb, it legally becomes property of the Town of Amherst, and § 169-9 makes it a separate violation for anyone other than the…

Amherst residents must source-separate recyclables and prepare them exactly as Chapter 169 specifies before setting them at the curb: newspapers bagged or binned, cardboard flattened…

The Town of Amherst's Office of Refuse Control sets the collection days and times for every street in the garbage and refuse district under § 169-6, and only premises paying the…

Amherst caps how early and late totes and bins may sit at the curb: nothing may go out before noon the day before collection, everything must be at the curb by 7:00 a.m. on collection…

Amherst yard waste goes out the same day as regular garbage, but only in solid-bottom containers or paper yard waste bags; plastic bags are never allowed. Brush and tree parts from…

Amherst requires dumpsters and other refuse containers in multifamily and nonresidential districts to be screened on all sides from view and set back five to ten feet from property…

A car alarm that keeps blaring is a code violation in Amherst. Amherst Code § 138-5H requires any audible motor vehicle or building burglar alarm to shut off within 10 minutes of first…

Amherst's noise code bars idling trucks over 10,000 pounds GVWR near homes overnight. Under Town Code § 138-5I, running the engine or attached equipment for more than 15 minutes in any…

In the Town of Amherst outside the Village of Williamsville, Code Chapter 36 defines an 'Approved Container' as a properly maintained barbeque grill, pit or outdoor fireplace with a…

Amherst's rodent-control law, adopted in 2005, requires every dwelling occupant to store rubbish, lumber, scrap metal and similar materials so they don't harbor rodents, keeps waste…

Amherst limits skateboarding on Town recreation-area property to spots the Town has specifically designated for it. Section 145-5L of the Town Code makes it a violation to use a…

Amherst's Social Host Liability law, Chapter 167, makes anyone who hosts, allows or fails to stop a loud or unruly gathering strictly liable for the disturbance and for the Town's…

Erie County bans smoking tobacco or nicotine e-cigarettes in or next to any public bus shelter countywide. Bus operators must post "No Smoking" signage, and riders and passersby face…

Every mobile food vehicle or unit operating in Amherst, whether on a public right-of-way or private property, needs its own Town permit before doing business. Section 148-10F(1) makes…

A mobile food vendor parked on an Amherst right-of-way can't stay put all day. Section 148-10F(3) limits vending at one spot in a non-residential zoning district to three hours, and…

Amherst won't let a mobile food vendor set up within 250 feet of another eatery's front door. Section 148-10F(2) of the Town Code bans operating that close to the primary entrance of…

Amherst requires a stormwater pollution prevention plan before approving any land development activity, reviewed by a dedicated Stormwater Management Officer. The rule implements the…

Amherst's erosion and sediment control rules bar disturbing more than five acres of a construction site at one time without an approved plan, require inspections of erosion controls…

Any construction, filling, grading or excavation within Amherst's mapped area of special flood hazard needs a floodplain development permit from the Local Administrator before work…

New construction and substantial improvements to a home in one of Amherst's mapped special flood hazard areas must sit at least two feet above the base flood elevation, per Amherst…

New York Executive Law Article 42 and the Coastal Management Program require state and local agency actions in designated coastal areas to be consistent with statewide coastal policies…

Amherst's Parks, Playgrounds and Recreation Areas chapter closes every Town-owned recreation area between 10 p.m. and 6 a.m. Under § 145-5D, being on the grounds or inside the…

Anyone going door-to-door in Amherst to sell goods, take orders or collect contributions needs a Town permit first. Section 148-3A of the Town Code bars peddling or soliciting without…

Amherst homeowners can block door-to-door solicitors by posting a notice at their entrance. Section 148-12A of the Town Code makes it unlawful to knock, ring a doorbell or try to enter…

Amherst's zoning code limits how far businesses can push outdoor merchandise displays off their building wall, and flatly bars any display that blocks a sidewalk, window, entrance or…

In Amherst, the owner or occupant of any property fronting a street must repair, keep safe and maintain the abutting sidewalk themselves, including trimming overhanging vegetation and…

Anyone building a driveway or recessed parking area across a curb, sidewalk or shoulder on a Town highway in Amherst must first get a curb cut permit from the Town Superintendent of…

Amherst's tree code sets minimum setbacks for street trees by size class and bars planting near hydrants, stop signs, and corner sightlines. Small trees need two feet of clearance from…

Amherst bans parking, standing, or stopping a vehicle in any bike lane at any time, no signage needed. The Town added the bike lane ban to its existing 'no parking/standing/stopping…

New York draws a hard line between a golf cart and a low-speed vehicle. A low-speed vehicle is defined by Vehicle and Traffic Law § 121-f as a limited use automobile with a maximum…

Amherst requires every nonresidential and multifamily site light to use a cutoff fixture that hides the light source and directs the beam downward, keeping glare off the night sky and…

Amherst's site lighting rules cap how much light can spill onto neighboring land: no more than 0.2 footcandle at a residential property line and 0.5 footcandle at a commercial or…

In Amherst's R-1 single-family district, the Town caps building coverage at 35% of the lot, per the R-1 Principal Use Dimensional Standards table in Town Code § 3-4-2B. Lots must also…

In Amherst's Residential District One (R-1), the Zoning Ordinance's dimensional standards table caps principal single-family homes at two stories, up to 35 feet, on lots of at least…

A restaurant offering outdoor dining in Amherst must keep a five-foot clear walkway along the curb free of tables, provide trash receptacles, and stop outdoor service by 10 PM Sunday…

Every solar energy system in Amherst, rooftop or ground-mounted, needs a building permit before installation. A qualified solar installer must do the work, and a Town Building…

New York's Solar Rights Act, Real Property Law Article 9-C, section 342, voids any homeowners' association rule that effectively bans rooftop solar. A restriction counts as an illegal…

Amherst lets a political sign go up without a building permit, but § 7-8-3B(7) of the Zoning Ordinance confines it to private property. The same standard bars blocking a corner's clear…

A shop window in the Town of Amherst can't be more than 20 percent covered by signs or posters. Amherst Code § 7-8-3B(9) treats a temporary window sign as exempt from a building…

Amherst protects farming with two dedicated zoning districts, Agricultural (AG) and Suburban Agricultural (S-A), that permit farms, animal husbandry, stables and nurseries by right…

NY Agriculture and Markets Law §301-309 protects sound agricultural practices in certified Agricultural Districts from local ordinances and private nuisance suits. The Commissioner…

Erie County prohibits the sale of tobacco, vapor products, electronic cigarettes, liquid nicotine, and smoking paraphernalia to anyone under 21. Enforcement is by the Erie County…

New York prohibits the sale of flavored vapor products statewide under Public Health Law § 1399-mm-1, allowing only tobacco-flavored e-liquid for legal retail sale.

New York Cannabis Law allowed municipalities a one-time opt-out window before December 31 2021, after which the Office of Cannabis Management uniformly licenses retail dispensaries…

New York law lets adults 21 and over grow cannabis at home and preempts municipalities from prohibiting it, setting uniform plant limits and secure storage requirements statewide.

New York Labor Law §652 sets a tiered statewide minimum wage that leaves no room for local wage ordinances. As of January 1, 2026 the rate is $17.00/hr in NYC, Long Island, and…

New York mandates paid sick leave under Labor Law § 196-b and paid family leave under Workers' Compensation Law Article 9, with statewide coverage that applies to nearly every private…

New York requires a state-issued concealed carry license under Penal Law § 400.00, with mandatory training and a long list of statewide sensitive locations where carry is forbidden.

New York Penal Law treats a vehicle as a public place for firearm purposes, requiring a valid pistol license to transport a handgun and strict storage rules for long guns and…

New York has no comprehensive HOA act. Condominiums get a statutory common-charge lien under Real Property Law § 339-z that is foreclosable like a mortgage but junior to a first…

New York homeowners association boards answer to Not-for-Profit Corporation Law Section 621. A member of record for at least six months, or a holder of five percent of any voting…

New York voids HOA bans on solar power and EV charging. Real Property Law § 342 (Solar Rights Act) makes any restriction effectively prohibiting a solar system unenforceable and void…

New York's Electric Vehicle Rights Act, Real Property Law Article 9-D Section 343, bars homeowners' associations statewide from adopting rules that effectively prohibit or unreasonably…

New York Real Property Law Section 339-j strips condominium boards of managers of the power to enforce any by-law, rule, or resolution against a unit owner who displays a United States…

New York creates an assessment lien by statute only for condominiums. Real Property Law § 339-z gives the board of managers a lien on each unit for unpaid common charges that outranks…

New York condominiums have no inherent power to restrict unit leasing: under Real Property Law § 339-v(2)(a), by-laws "may also provide for" leasing restrictions only if the board…

No section of the New York Vehicle and Traffic Law authorizes sobriety checkpoints by name. The practice rests on Court of Appeals case law, chiefly People v. Scott, applied against…

New York is one of the few states that put the right to record police into its own statute rather than leaving it to case law. Civil Rights Law § 79-p, headed "Recording certain…

New York has no stop-and-identify statute. Criminal Procedure Law § 140.50(1) lets a police officer who reasonably suspects a felony or a misdemeanor defined in the Penal Law stop you…

New York wrote an unusually specific rule into the Penal Law when it legalized adult-use cannabis: § 222.05(2) provides that no conduct made lawful by that section shall constitute the…

The New York Bag Waste Reduction Law (Environmental Conservation Law §27-2801, enacted 2019, enforced March 2020) bans most single-use plastic carryout bags statewide. Counties and…

New York prohibits the sale and distribution of expanded polystyrene foam food containers and loose packing peanuts statewide under Environmental Conservation Law Article 27.

Vehicle and Traffic Law section 375(41) governs every light added to a New York vehicle beyond the lamps the law already requires, and it opens with a near total prohibition: no light…

New York grants a dash cam no designated place on the windshield. Vehicle and Traffic Law section 375(30) makes it unlawful to operate a motor vehicle with any object placed or hung in…

New York prohibits lane splitting outright. Vehicle and Traffic Law § 1252(c) makes it illegal to operate a motorcycle between lanes of traffic or between adjacent lines or rows of…

New York does not allow license plate covers of any kind. Vehicle and Traffic Law § 402(1)(b)(ii-a) states flatly that number plates shall not be covered by glass or any plastic…

New York does not ban radar detectors in private passenger cars. Vehicle and Traffic Law section 397-a prohibits using a radar or laser detector only in a motor vehicle with a gross…

New York allows studded snow tires, but only within a fixed season and only within precise dimensional limits. Vehicle and Traffic Law § 375(35-a) makes it unlawful to drive a motor…

New York requires at least 70 percent light transmittance through the front windshield, both front side windows and the rear window under Vehicle and Traffic Law section 375(12-a)(b)…