Clay, NY Fire Regulations: Brush Clearance (2026)
Key Facts
- Governing law
- Ch. 78, adopted 1998, amended 2017
- Height limit
- Brush/grass/weeds capped at 10 inches
- Coverage
- Includes strip between curb and lot line
- Exemptions
- Cultivated farmland, drainage areas, open space
- Enforcement
- Code Enforcement Officer serves written notice
- Town remedy
- Town removes and liens property after 10-15 days
- Penalty
- Up to $750 fine or 15 days (§ 78-7)
Summary
The Town of Clay caps brush, grass and weed growth on any lot, including the strip between the curb and the lot line, at 10 inches. Chapter 78 also bars owners from letting rubbish accumulate on their property, and the Commissioner of Planning and Development can have overgrown vegetation or rubbish cut and removed at the owner's expense if a violation notice goes unanswered.
A. It is hereby declared to be the policy of the town to provide for the proper use of land to prevent unhealthy, hazardous, or unsightly conditions due to the accumulation of brush, grass, rubbish, or weeds in order to protect the public health, safety and general welfare of the residents of this town. ... B. It shall be a violation of this chapter for the owner of any real property ... to permit or maintain on any such lot or land, inclusive of the land between the curbline and lot line, any growth of brush, grass, or weeds, higher than 10 inches. ... A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $750 or imprisonment for a period not to exceed 15 days, or both.
Full Breakdown
Chapter 78, Brush, Grass, Rubbish and Weeds, adopted by the Town Board on November 16, 1998 by Ordinance No. 98-02, declares in Section 78-1 that its policy is to prevent unhealthy, hazardous or unsightly conditions from the accumulation of brush, grass, rubbish or weeds and to require owners to cut, trim or remove them. Section 78-3, amended August 21, 2017 by Ordinance No. 2017-02, makes it a violation for an owner to permit, maintain, deposit or scatter rubbish over any premises, and separately a violation to permit brush, grass or weeds to grow higher than 10 inches on any lot, including the strip of land between the curbline and the lot line.
Section 78-4 exempts land under cultivation in a husbandry-like manner with regularly grown crops, drainage areas, natural open space, and a subdivision section under construction that is less than 75% complete. When an owner does not comply, Section 78-5 requires the Code Enforcement Officer to serve a written notice personally, by certified and regular mail, or by posting on the property. Under Section 78-6, amended in 2009 and 2012, an owner who fails to comply within 10 days of service, or 15 days of posting, faces removal by the Town: the Commissioner of Planning and Development has the brush, grass, rubbish or weeds cut or removed, and all costs, legal fees and an administrative fee under Chapter 105 become a lien on the property, collected like unpaid taxes with interest.
Violations & Fines
Section 78-7, added March 20, 2006 by Ordinance No. 2006-1 and amended March 7, 2016 by Ordinance No. 2016-01, makes a violation of Chapter 78 an offense punishable by a fine of not more than $750 or imprisonment of not more than 15 days, or both, though the section specifies the penalty is not deemed a criminal or penal punishment. Each week the violation continues counts as a separate additional violation, and no further notice is required to charge it.
Frequently Asked Questions
How tall can grass or weeds legally grow on a Clay property?
Are farms or vacant fields exempt from the height limit?
What happens if an owner ignores a Chapter 78 violation notice?
Sources & Official References
Other rules in Clay
New York rules heatmap·Compare Clay to another location·View the New York fire regulations overview
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