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Amherst, NY Trash & Recycling: Illegal Dumping (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Applies to
Public ROW and private land outside Williamsville
Clean fill exception
Rock, concrete, soil, stone, clay with consent
Drainage dumping
Separately banned, § 169-11(D)
First offense penalty
Written warning
Repeat offense fine
Up to $500 within 12 months

Summary

Amherst prohibits dumping garbage, debris or recyclables anywhere in the public right-of-way or on any privately owned land in the Town outside Williamsville. Dumping fill without the landowner's written consent, or dumping into a waterway or Town drainage system, is a separate violation with its own graduated fine schedule.

No person shall dump, drop, deposit, abandon or otherwise dispose of any garbage, refuse, rubbish, debris, recyclable material or other waste in or on any public right-of-way, road, street, highway or alley in the Town of Amherst, outside the Village of Williamsville, unless contained and prepared as specified in this chapter. No person shall dump, drop, deposit, abandon or otherwise dispose of any garbage, refuse, rubbish, debris, recyclable material or other waste in or upon any privately owned land in the Town of Amherst, outside of the Village of Williamsville.

Full Breakdown

Town Code § 169-11 makes it unlawful for any person to "dump, drop, deposit, abandon or otherwise dispose of any garbage, refuse, rubbish, debris, recyclable material or other waste" in or on any public right-of-way, road, street, highway or alley in the Town, outside the Village of Williamsville, unless it is contained and prepared as the waste chapter requires. Subsection B extends the same prohibition to any privately owned land in the Town, again outside Williamsville, meaning a property owner cannot even authorize illegal dumping on their own lot.

Subsection C carves out one narrow exception: clean fill made only of rock, concrete, soil, stone or clay may be dumped on private land for grading with the owner's written consent, or without written consent if it is part of a permitted site plan, building permit or plumbing permit; fill can never go into a wetland or wetland buffer in violation of state, federal or Town law. Subsection D separately bars dumping garbage, debris, yard waste or fill into any waterway, Town drainage system, receiver catch basin or manhole outside Williamsville. of the collection day, and failing to do so is itself a violation.

Violations & Fines

Illegal dumping is prosecuted under the Article I penalty schedule at § 169-22: a written warning for a first offense, then escalating fines of $50 to $100, $100 to $150, $150 to $300, and $300 to $500 for a second, third, fourth and any subsequent offense within a twelve-month period. Anyone who assists in the dumping is equally liable, and each day the material remains is treated as a separate offense.

Frequently Asked Questions

Can I dump yard debris on my own property in Amherst?
No. Section 169-11(B) bars dumping garbage, refuse, debris, recyclables or other waste on any privately owned land in the Town outside Williamsville, even with the owner's permission, except for the narrow clean-fill exception in § 169-11(C).
Is dumping clean fill ever allowed?
Yes, but only rock, concrete, soil, stone or clay for grading, with the landowner's written consent, under § 169-11(C). Consent isn't required if the fill is part of an approved site plan, building permit or plumbing permit, but fill can never go into wetlands or their buffers.
What happens on a first illegal dumping violation?
Section 169-22 sets a written warning for a first offense within a twelve-month period, with fines starting at $50 to $100 for a second offense and rising to $300 to $500 for a fifth or later offense in that period.

Sources & Official References

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