Monroe County towns require grading permits for significant earthwork. Rochester Ch. 104A at 100+ cubic yards. Drainage cannot be redirected onto neighbors. Retaining walls over 4 feet require engineering.
Grading and drainage in Monroe County are regulated by town building and engineering codes. Rochester Code Ch. 104A and Ch. 39 (Buildings) require grading permits for excavation or fill over 100 cubic yards. Brighton Ch. 200, Pittsford, Penfield, Webster, and Greece have similar thresholds (50 to 100 cubic yards). Site grading must direct drainage away from structures and cannot adversely affect neighboring properties (common-law civil code rule plus statutory duty). Retaining walls over 4 feet require NYS-licensed engineer stamp and separate permit. Compaction testing required for structural fill. NY DEC SPDES applies for larger projects. The Genesee River corridor and Irondequoit Creek watershed face added review for flood and erosion impacts.
Unpermitted grading: stop-work plus $250 to $2,500. Redirecting drainage onto neighbor: civil liability plus town corrective order. Retaining wall failure: injury liability.
Gates, NY
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