Buffalo's Environmental Rules: The Rules That Matter

Every city handles environmental rules a little differently. In Buffalo, New York, there are 4 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.

Boat Dock Permits

Anyone repairing, renewing, altering or building a dock in Buffalo's harbor, or along the Buffalo River, Cazenovia Creek or Black Rock Harbor, must first get a permit from the Department of Public Works under City Code § 495-15. The permit must specify the work's character and location, and dock owners must also install mooring posts strong enough to hold the largest vessels.

Key details: Permit issued by: Department of Public Works. Waters covered: Buffalo River, Cazenovia Creek, Black Rock Harbor. Permit must state: Character and location of work. No-permit consequence: Forced removal at owner's expense. Mooring posts: Must securely hold largest vessels.

Constructing, altering or repairing a dock without the § 495-15 Department of Public Works permit can trigger a City order to remove the unpermitted work at the owner's own expense; if the owner refuses, the Commissioner of Public Works may remove it directly and bill the property owner for the cost. Related unpermitted encroachments within 40 feet of the harbor under § 495-16 face the same forced-removal remedy.

Flood Elevation Requirements

In Buffalo's mapped Special Flood Hazard Areas, new construction and substantial improvements must have their lowest floor built at least two feet above the base flood elevation. The Commissioner of Public Works, Parks and Streets administers the rule under Charter Article 31, issuing floodplain development permits and certificates of compliance before anyone can build or occupy a structure there.

Key details: Freeboard required: 2 feet above base flood elevation. Administering officer: Commissioner of Public Works, Parks and Streets. Permit fee: $250 application, up to $500 deposit. Maximum penalty: $250 fine or 15 days jail per day. Community ID Number: 360230.

Building or filling in a flood hazard area without a valid floodplain development permit is unlawful under § 31-1, Subsec. 3.5, and any violation of the article's requirements, including permit conditions, is punishable by a fine of up to $250, imprisonment of up to 15 days, or both, with each day of noncompliance a separate offense. The Local Administrator can also issue a stop-work order for unpermitted or noncompliant floodplain work under Subsec. 4.4-6, and any structure found noncompliant without an approved variance is reported to FEMA.

Stormwater Management

Every building connected to the City sewer must have properly constructed and maintained eaves troughs and rain leaders connected to the sewer. The Buffalo Sewer Authority may disconnect these in certain areas to prevent basement flooding or combined sewer overflows.

Key details: Obligation: Construct and maintain eaves troughs/rain leaders to sewer connection. Standard: Must conform to Health Commissioner requirements. Authority: Buffalo Sewer Authority may disconnect where needed. Purpose of disconnection: Alleviate street/basement flooding or eliminate combined sewer overflows.

Non-compliance with eaves trough and rain leader requirements is subject to the general penalty provisions of the Buffalo City Code. The Sewer Authority may order disconnection and splash-blocking at its discretion.

Flood Zones

Buffalo requires a floodplain development permit for any construction, fill, excavation, or other development in a Special Flood Hazard Area (SFHA), and mandates that new residential structures be elevated at least two feet above the base flood elevation.

Key details: Permit application fee: $250. Additional review deposit (max): $500. Residential elevation requirement: 2 feet above base flood elevation (Zones A1-A30, AE, AH). Penalty per violation: Up to $250 fine or up to 15 days imprisonment, or both. Each day of violation: Treated as a separate offense.

Any person who violates this local law shall, upon conviction, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance is a separate offense. A stop-work order may also be issued. Structures found non-compliant are reported to FEMA, which can affect National Flood Insurance Program rates.

This is one of the stricter rules in Buffalo's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Buffalo's environmental rules 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.

These rules come from Buffalo's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.