Albany County municipalities require grading permits for significant earthwork. Drainage cannot be redirected onto neighbors under NY common law (Kossoff v. Rathgeb-Walsh). Hudson River floodplain and Normans Kill drainage trigger extra review.
Each Albany County town and city regulates grading through its building and zoning codes, typically following NYS Uniform Code (19 NYCRR Part 1220) which references IBC Appendix J. Permits are generally required for cuts or fills over 50 cubic yards or on slopes exceeding 15%. Drainage must direct water away from structures and cannot concentrate flow onto adjoining parcels. New York follows the reasonable use rule for surface water (Kossoff v. Rathgeb-Walsh, 3 N.Y.2d 583) — owners may alter drainage but cannot unreasonably burden neighbors. Retaining walls over 4 feet require engineered drawings and permits. Sites in the FEMA Hudson River 100-year floodplain or along Patroon Creek, Normans Kill, and Vloman Kill face additional review. Grading in designated steep slope areas (over 25%) in towns like Guilderland and New Scotland triggers site plan review and erosion control mandates.
Unpermitted grading: stop-work order and fines $250 to $2,500 per violation. Redirecting drainage onto neighbor: civil liability plus corrective orders. Work in floodplain without CLOMR/LOMR: FEMA enforcement and potential insurance denial.
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