Clay, NY Landscaping Rules: Composting (2026)

Chapter 78, Brush, Grass, Rubbish and Weeds, adopted November 16, 1998 by Ordinance No. 98-02, defines RUBBISH in Section 78-2 to include lumber, junk, trash, debris and building materials, abandoned or discarded objects, unsanitary matter, solid waste and garbage, tree and shrubbery trimmings, and, under Section 78-2A(3), any compost pile which is of such a nature as to spread or harbor disease, emit unpleasant odors or gas, or attract rodents, vermin or other disease-carrying pests, animals or insects. The definition carves out one exception: rubbish does not include material stored in containers or plastic bags that meet Section 194-12 of the Town Code, so a properly contained compost bin sits outside the rubbish definition.

Section 78-3A, amended August 21, 2017 by Ordinance No. 2017-02, makes it a violation for a property owner to permit, maintain, deposit or scatter rubbish, which reaches a nuisance compost pile the moment it meets the Section 78-2A(3) test, over any premises in the Town. If the Code Enforcement Officer serves a written notice under Section 78-5 and the owner does not clear the pile within 10 days of service or 15 days of posting, Section 78-6 lets the Commissioner of Planning and Development have it removed at the Town's expense, with the cost, legal fees and an administrative fee under Chapter 105 becoming a lien on the property.