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Tonawanda, NY Landscaping Rules: Weed Ordinances (2026)

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

Key Facts

Height trigger
Grass/weeds over 10 inches (254 mm)
Applies to
Town of Tonawanda, outside Village of Kenmore
Compliance window
7 days after notice; 5 days if repeat
Town cleanup surcharge
$100 plus labor and material costs
Max penalty
$250 fine or 15 days jail

Summary

Every property owner in the Town of Tonawanda, outside the Village of Kenmore, must cut grass, weeds and uncultivated vegetation once it exceeds 10 inches under Code § 108-4A. The Code Enforcement Officer can also order removal of any growth, debris or accumulation that creates a health, fire, traffic or nuisance hazard, including on right-of-way strips abutting the property.

Every owner of any parcel of real property located in the Town of Tonawanda shall cut, trim or otherwise remove or cause to be cut, trimmed or otherwise removed, all grass, weeds or uncultivated vegetation in excess of 10 inches (254 mm). It shall be the duty of any owner of any parcel of real property in the Town of Tonawanda to prevent the growth of grass, weeds, plant growth accumulation or debris thereon as shall constitute a health hazard, fire hazard, safety or traffic hazard, or public nuisance, as determined by the Code Enforcement Officer. This shall include any right-of way areas. ... Any person committing an offense against this chapter or any section or provision hereof is guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Full Breakdown

Chapter 108 of the Town Code, adopted in 2003 and last amended in 2023, applies to every parcel of real property in the Town of Tonawanda outside the Village of Kenmore under § 108-3. Section 108-4A sets the numeric trigger: grass, weeds or uncultivated vegetation over 10 inches (254 millimeters) must be cut, trimmed or removed, and owners must also prevent any growth or debris accumulation that the Code Enforcement Officer determines is a health, fire, traffic-safety or nuisance hazard, a duty that extends to right-of-way areas along the property.

Section 108-5 separately bans 'noxious weeds,' defined as plant growth the Code Enforcement Officer deems dangerous, unattractive or growing in an undesirable location, outright on any parcel. Two narrow exceptions apply under § 108-4C: designated open space, wetlands and conservation easements meant to stay natural, and rights-of-way or easements next to land owned by another municipality, county or the state. When the Code Enforcement Officer finds a violation, § 108-7 requires written notice giving the owner seven calendar days to comply, shortened to five days for a second notice on the same parcel within a calendar year.

If the owner still has not complied, § 108-9 lets the Town cut the vegetation itself and bill the owner, adding a $100 administrative surcharge on top of labor and material costs; an unpaid bill becomes a lien collected with the property's taxes.

Violations & Fines

Failing to comply within the notice period is itself a violation under § 108-8. Section 108-10 makes any offense against the chapter punishable by a fine of up to $250, up to 15 days' imprisonment, or both, with every day the violation continues after notice counted as a separate offense.

Frequently Asked Questions

How tall can grass or weeds get before I'm in violation in the Town of Tonawanda?
Ten inches. Town Code § 108-4A requires every property owner to cut, trim or remove grass, weeds or uncultivated vegetation once it exceeds 10 inches (254 millimeters), including growth on the right-of-way strip next to the street.
What if I ignore the Code Enforcement Officer's notice?
You have seven calendar days to comply under § 108-7, or five days if it is a repeat notice on the same property within a year. After that, § 108-9 lets the Town cut the vegetation and bill you, adding a $100 surcharge.
Are there any exceptions to the height rule?
Yes. Section 108-4C exempts designated open space, wetlands and conservation easements meant to remain natural, and rights-of-way or easements bordering land owned by another municipality, county or the state.
Does the Village of Kenmore follow this same rule?
No. Chapter 108 applies only in the Town of Tonawanda outside the Village of Kenmore under § 108-3; Kenmore is an incorporated village with its own separate code.

Sources & Official References

Other rules in Tonawanda

All Tonawanda rules

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