Buffalo's Accessory Structures: The Rules That Matter

Every city handles accessory structures a little differently. In Buffalo, New York, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Shed & Carport Rules

Buffalo lets homeowners build a single detached storage shed up to 144 square feet without any building permit, but bigger sheds trigger a fee-based permit. The Department of Permit and Inspection Services enforces the size cutoff and reviews any shed above it for drainage, hazard and zoning compliance.

Key details: Permit-free size: up to 144 sq ft, single-story, detached. Fee, 144-600 sq ft (residential): $75 flat fee. Fee, up to 600 sq ft (commercial): $100 flat fee. Permitting agency: Dept. of Permit and Inspection Services. Exemption lost if: wall on lot line or shared wall.

Building a shed over 144 square feet without the required permit is unpermitted work under § 103-2.4 and exposes the owner to a stop-work order and the standard building-permit-fee schedule assessed retroactively, plus applicable penalties under Chapter 137's fine schedule. The Commissioner of Permit and Inspection Services can also require removal or remediation of any shed, regardless of size, that creates a drainage problem, a fire hazard, a dangerous condition, or a nuisance under § 103-2.3.

Tiny Homes

Automobiles and trailers (including tiny homes on wheels) may not be occupied as a residence or business in Buffalo for more than 48 hours without a city permit. A permit will not be issued unless the unit connects to public water and sanitary sewer and has adequate sanitation and lighting.

Key details: Maximum time without permit: 48 hours. Permit issuer: Commissioner of Permit and Inspection Services. Water/sewer connection required: Yes: must connect to public water and City sanitary sewer. Permit revocability: Revocable at any time by Commissioner or Common Council.

The permit may be revoked at any time by the Commissioner of Permit and Inspection Services or the Common Council. Violation of the chapter's requirements is subject to penalties under the general City Code enforcement provisions.

This is not one of those rules that cities tend to ignore. Buffalo actively enforces its tiny homes requirements.

The Bottom Line

Buffalo's accessory structures rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Buffalo is broadly strict or permissive.

Keep in mind that Buffalo can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.