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Rochester, NY Landscaping Rules: Rainwater Harvesting (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Allowed uses
Rain barrels, rain gardens, bioswales
Where allowed
Side or rear yard only
Applies to
Residential and nonresidential lots
Citation
City Code § 120-163A(9), B(17)
Permit
By-right accessory use

Summary

Rain barrels, rain gardens and bioswales are permitted accessory uses on both residential and nonresidential lots in Rochester, but the green infrastructure has to sit in the side or rear yard, not the front, under City Code § 120-163A(9) and B(17). No separate permit is needed beyond the standard accessory-use rules that apply citywide.

A. For residential uses, the following accessory uses and structures are permitted: ... (9) Green infrastructure techniques, such as rain barrels, rain gardens, or bioswales, when located in the side or rear yard. ... B. For nonresidential uses, the following accessory uses and structures are permitted: ... (17) Green infrastructure techniques, such as rain barrels, rain gardens, or bioswales, when located in the side or rear yard.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4935326; v86 updated 2026-06-16; through 06-16-2026).

Full Breakdown

Green infrastructure got added to Rochester's list of permitted accessory uses and structures in the citywide accessory-use table at § 120-163, which Article XX makes applicable in every zoning district in the city. Subsection A(9) covers residential lots, and identical language in Subsection B(17) covers nonresidential lots, so a homeowner, a landlord and a commercial property owner all get the same green-infrastructure allowance. Rain barrels, rain gardens and bioswales don't have to sit only in the rear yard the way most detached accessory structures do under § 120-163A(1)'s general rear-yard rule: green infrastructure specifically gets the side yard as an option too, giving property owners more flexibility to place a rain garden or bioswale where the drainage actually needs it.

No numeric size, volume or setback limit applies to rain barrels or rain gardens the way it does to fences or accessory buildings, and because the use is listed as permitted by right, it doesn't trigger the same review a new detached structure like a shed or garage would need. A rain garden built as part of a larger site-plan-reviewed project still has to appear on that project's landscaping plan under § 120-169E(2), which requires plans to show water features and drainage elements. Placing a rain barrel or bioswale in the front yard, or building green infrastructure as a disguised structure that functions as an accessory building, falls outside the side/rear-yard allowance.

Violations & Fines

Placing a rain barrel, rain garden or bioswale in the front yard falls outside the side/rear-yard allowance in § 120-163A(9) and B(17) and is enforceable as a Chapter 120 siting violation under § 120-204. Enforcement runs through § 120-203 and Municipal Code § 52-3, with fines up to $500 or 15 days in jail per offense, and each day a continuing violation is a separate offense under § 120-206.

Frequently Asked Questions

Can I put a rain barrel in my front yard in Rochester?
No. § 120-163A(9) permits rain barrels, rain gardens and bioswales as an accessory use only in the side or rear yard; the front yard isn't an option for green infrastructure any more than it is for a shed or detached garage.
Do I need a permit to install a rain garden at my house?
No separate permit is required for a residential rain garden or rain barrel, since § 120-163A(9) lists green infrastructure as a permitted accessory use citywide. A rain garden built as part of a larger site-plan-reviewed development does need to appear on that project's landscaping plan under § 120-169.
Does the rule apply to businesses too, not just homeowners?
Yes. § 120-163B(17) gives nonresidential properties the identical allowance: rain barrels, rain gardens and bioswales in the side or rear yard are a permitted accessory use for commercial, industrial and other nonresidential uses across the city.

Sources & Official References

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