Clay, NY Landscaping Rules: Weed Ordinances (2026)

Section 78-3.B of Chapter 78, Brush, Grass and Weeds, makes it a violation for the owner of any real property, residential or otherwise, to permit or maintain a growth of brush, grass or weeds higher than 10 inches, and the rule reaches the land between the curbline and the lot line, not just the yard behind the sidewalk. 'Weeds' is defined in § 78-2 as wild and useless plants growing at random in inappropriate locations, while 'grass' covers herbaceous ornamental lawn or ground cover, including drainage swale and detention basin plantings.

Section 78-4 carves out a real exception: the 10-inch cap does not apply to land under cultivation in a good or husbandry-like manner, to land from which crops are regularly grown for actual use, to drainage areas or natural open space, or to a subdivision section that is actively under construction and less than 75% complete. Enforcement follows the same track as the chapter's rubbish rule: the Code Enforcement Officer serves a written notice and order to remedy under § 78-5, personally, by certified and regular mail, or by posting on the property, and if the owner does not cut the growth within 10 days of mailed or personal service (15 days if posted), § 78-6 lets the Commissioner of Planning and Development send Town crews to cut it, with the cost, an administrative fee, and legal fees becoming a lien collected with property taxes.

A violation is also punishable under § 78-7 by a fine of up to $750, up to 15 days in jail, or both, with each week of continued overgrowth treated as a new violation.