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Albany, OR Landscaping Rules: Weed Ordinances (2026)

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

Key Facts

Grass height limit
Grass in excess of 10 inches is a nuisance
Fire hazard finding
Made by the fire chief or their designee
Agricultural land
Exceptions can be granted
Classification
Infraction
Notice and appeal
10 days to abate or appeal
Abatement cost
Direct cost plus 30 percent overhead

Summary

In the City of Albany, Oregon, grass in excess of 10 inches is a public nuisance. So are weeds or other noxious vegetation that the fire chief or their designee finds to be a fire hazard, or that block traffic views, the public right-of-way, or vision clearance areas. Violation is an infraction.

(1) It is hereby determined and declared that weeds, tall grass, or other noxious vegetation are a public nuisance under any of the following conditions: (a) When excess vegetation is determined by the fire chief or their designee to be a fire haz-ard; (b) When vegetation creates a public safety concern such as, but not limited to, blocking the view of oncoming traffic, blocking the public right-of-way, or blocking vision clearance areas around intersections and driveways; or (c) When grass is in excess of 10 inches. (i) Exceptions can be granted for parcels of land used for agricultural purposes. (2) It is unlawful for the owner or any person in possession or control of any lot or premises within the city to maintain a lot or premises which is determined to be a fire hazard or safety hazard as defined above. (3) Violation of this section shall be an infraction.

Full Breakdown

Albany Municipal Code § 8.01.025, Noxious vegetation, weeds, and tall grass, declares weeds, tall grass, or other noxious vegetation a public nuisance under three separate conditions in the City of Albany, Linn County, Oregon. The first is when the fire chief or their designee determines excess vegetation is a fire hazard. The second is when vegetation creates a public safety concern, such as blocking the view of oncoming traffic, blocking the public right-of-way, or blocking vision clearance areas around intersections and driveways. The third is a plain numeric limit: when grass is in excess of 10 inches.

Exceptions to the grass-height test can be granted for parcels of land used for agricultural purposes. The section then makes it unlawful for the owner or any person in possession or control of any lot or premises within the city to maintain a lot or premises determined to be a fire hazard or safety hazard as defined in the section. The duty falls on whoever holds possession or control, not only the deed holder. Under § 8.01.005, a person in charge of property means an owner, agent, contract purchaser, lessee, occupant, or other person having possession or control of real property.

Where no imminent danger exists, § 8.37.030 requires notice posted on the premises and hand delivered or sent by first class mail to the owner and to any person in charge or occupant. The notice states the condition, a deadline, and that the City can abate at a fee covering the direct cost of removal plus 30 percent for administrative overhead. The owner has 10 days to abate or to appeal in writing to the city manager or their designee, and the appeal is referred to the municipal court for a hearing. Section 8.01.060 confirms the City can abate in addition to the penalties in § 1.04.010. The older weed chapter provisions in § 7.84.120 and § 7.84.130 were repealed by Ord. 5991, so § 8.01.025 is the operative rule.

Violations & Fines

Section 8.01.025(3) makes a violation an infraction. Under § 1.04.010 a violation carries a civil penalty of not more than $1,000, and every day a violation continues is a separate offense. The City can also abate under Chapter 8.37 AMC: the fee is the direct cost of removal plus 30 percent for administrative overhead, charged to the owner, and costs unpaid within 30 days can be assessed as a lien recorded with Linn County or Benton County.

Frequently Asked Questions

How tall can grass be in Albany, Oregon?
Grass in excess of 10 inches is a public nuisance under § 8.01.025(1)(c) of the Albany Municipal Code. Weeds or other noxious vegetation are also a nuisance at any height if the fire chief or their designee finds a fire hazard or if they block traffic views, the right-of-way, or vision clearance areas.
Are there exceptions to the Albany tall grass rule?
Yes, one is written into the section: exceptions can be granted for parcels of land used for agricultural purposes. The exception sits under the grass-height condition in § 8.01.025(1)(c). The fire hazard and public safety conditions in subsections (1)(a) and (1)(b) carry no printed exception.
Who decides that vegetation is a fire hazard in Albany?
The fire chief or their designee determines whether excess vegetation is a fire hazard under § 8.01.025(1)(a). For abatement, Chapter 8.37 AMC sets the notice, appeal, and lien steps, and an appeal of a nuisance notice is referred to the municipal court for a hearing.
What does it cost if Albany abates weeds on my lot?
Under § 8.37.030, the abatement fee is sufficient to cover the direct cost of removal plus 30 percent for administrative overhead, charged to the owner. If the cost is not paid within 30 days of the notice of costs, an assessment is entered in the City lien docket and becomes a lien on the property.

Sources & Official References

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