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Clay, NY Trash & Recycling: Dumpster Rules (2026)

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

Key Facts

Screening required
7-ft fence, hedge, or opaque barrier
Applies to
I-1, I-2 and S-1 industrial districts
Covers
Open storage of materials or waste
Governing section
Town of Clay Code Section 230-17C(5)(c)[2]
Enforcing agency
Office of Planning and Development

Summary

Clay's Zoning Code does not use the word 'dumpster,' but its Industrial district supplemental design standards require that any open storage of materials or waste on an I-1, I-2 or S-1 zoned property, including dumpsters and roll-off containers used to store trash, be screened from every property line by a seven-foot-high fence, hedge or similar opaque barrier under Section 230-17C(5)(c)[2].

Industrial 1 supplemental district design standards. ... (c) Structure design, scale and materials: ... [2] Any open storage of materials or waste shall be screened from view from all property lines with a seven-foot-high fence, hedge or similar opaque barrier. Such screening shall comply with applicable setbacks.

Full Breakdown

Section 230-17 governs Clay's Industrial 1 (I-1), Industrial 2 (I-2) and S-1 Special Use Districts, and each district's supplemental design standards repeats the same open-storage screening rule. For I-1, Section 230-17C(5)(c)[2] states that any open storage of materials or waste shall be screened from view from all property lines with a seven-foot-high fence, hedge or similar opaque barrier, and that the screening shall comply with applicable setbacks. The identical standard applies in the I-2 District and in the S-1 Special Use District, the latter adding that screening must comply with applicable setbacks that may be applicable to the proposed use or subject property.

Because the code defines open storage of materials or waste broadly rather than naming specific containers, a commercial dumpster or roll-off box kept outdoors on an industrially zoned lot falls within the same screening duty as any other outdoor waste storage. The standard sits alongside a separate landscaping rule requiring a front perimeter landscape strip covering 50% of the front-yard depth in I-1, and an additional side or rear yard of 50 feet in I-1 or 100 feet in I-2 and S-1 where the property abuts a nonindustrial district.

Reviewing boards, the Planning Board for site plans and the Town Board for special-permit uses, must also weigh compatibility with nearby residential zones for any property within 500 feet of a Residential Zone District boundary. Compliance is checked at site-plan or special-permit review by the Office of Planning and Development, and again at building-permit and certificate-of-occupancy stages.

Violations & Fines

An industrial property that stores waste, including a dumpster or roll-off container, in the open without the required seven-foot fence, hedge or opaque screen is out of compliance with Section 230-17's supplemental design standards. The Office of Planning and Development and Code Enforcement can withhold a certificate of occupancy or issue a violation notice requiring the screening to be installed and brought within the district's applicable setbacks before use of the storage area may continue.

Frequently Asked Questions

Does Clay require dumpsters to be screened on commercial or industrial lots?
Clay's code does not name dumpsters specifically, but Section 230-17C(5)(c)[2] requires that any open storage of materials or waste on I-1, I-2 or S-1 zoned property be screened from every property line with a seven-foot-high fence, hedge or similar opaque barrier, which covers outdoor dumpsters and roll-off containers used for waste.
Does this screening rule apply to residential or standard commercial zones?
No. The seven-foot screening standard is written into the supplemental design standards for Clay's Industrial 1, Industrial 2 and S-1 Special Use Districts under Section 230-17; the Town's residential and commercial district sections do not repeat this specific open-storage screening requirement.
Who enforces the waste-screening requirement in Clay's industrial districts?
The Office of Planning and Development reviews screening compliance at site-plan and special-permit review and again before issuing a certificate of occupancy; a property found storing waste in the open without the required barrier can be denied a certificate of occupancy until the screening is installed.

Sources & Official References

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