Amherst, NY Landscaping Rules: Weed Ordinances (2026)
Key Facts
- Max weed/grass height
- 10 inches (254 mm)
- Governing section
- Amherst Code § 151-60D
- Noxious weeds
- Prohibited outright
- Exempt land
- Farmland, vacant lots, SA/NCD-MOS land
- Enforcing agency
- Building Commissioner (code official)
- Penalty
- Up to $250 fine or 15 days jail per day
Summary
Amherst's property maintenance code caps weeds and plant growth on exterior property at 10 inches (254 mm) under § 151-60D and bans noxious weeds outright, while cultivated flowers and gardens are excluded from the definition of "weeds" entirely. Farmland and several categories of undeveloped or protected land are exempt from the height cap.
Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches [254 millimeters (mm)]. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens.
Full Breakdown
Section 151-60D requires that all premises and exterior property be maintained free from weeds or plant growth exceeding 10 inches (254 mm), and prohibits noxious weeds altogether. "Weeds" is defined broadly as grasses, annual plants, and vegetation other than trees or shrubs, but the term expressly excludes cultivated flowers and gardens. Two categories of land are carved out of the height rule: farmland, vacant lots containing no structures, undeveloped land zoned SA (Special Agricultural) or NCD-MOS, designated open space areas, wetlands, and conservation-easement areas intended to stay in a natural state; and rights-of-way or highway easements owned by another municipal corporation or political subdivision of the state.
The requirement sits within Article VII, General Maintenance Regulations, which the code official (the Commissioner of Building, assisted by the Assistant Commissioner and code enforcement staff) enforces townwide. A violation triggers the notice procedure of § 151-53: written notice describing the property, stating the violation, and giving a reasonable correction period, served personally, by certified or first-class mail, or posted on the property if mail is undeliverable. If the owner does not comply, the code official may prosecute in court to restrain or abate the condition, or have the Town cut the growth itself and assess the cost as a lien on the property collected with Town taxes.
Violations & Fines
Failing to correct an overgrowth violation after notice under § 151-53 exposes the owner to prosecution under § 151-52D, punishable by a fine of up to $250 or imprisonment for up to 15 days, or both, with each day the violation continues counted as a separate offense. The code official can also have the Town cut the growth and bill the property owner, with unpaid costs becoming a lien on the real estate under § 151-52E.
Frequently Asked Questions
How tall can grass or weeds get on Amherst property?
Are gardens and flower beds covered by the weed limit?
Which Amherst lots are exempt from the 10-inch rule?
What happens if an Amherst owner ignores a weed notice?
Sources & Official References
Other rules in Amherst
How Amherst compares: Cities with the Strictest Weed and Property Maintenance Rules·New York rules heatmap·Compare Amherst to another location·View the New York landscaping rules overview
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Weed Ordinances in Nearby Cities
How other cities in Erie County handle weed ordinances.