108 local rules on file · Pop. 7,560 · Albany County
Showing ordinances that apply to Westmere, NY
Westmere is an unincorporated community with a population of approximately 7,560 in Albany County, New York. Because Westmere is not an incorporated city, it does not have its own municipal government or city code. Instead, Albany County ordinances apply directly to residential and commercial properties here. The rules below are the county-level regulations that govern your area. Nearby incorporated cities in Albany County may have different rules.
Albany County municipalities regulate poultry and livestock individually. Rural and semi-rural towns allow chickens and some livestock. The City of Albany restricts poultry. Agricultural zones throughout the county are permissive under right-to-farm protections.
Albany County requires dogs to be restrained on public property and off the owners premises under NY Ag and Markets Law and municipal leash ordinances. Most towns mandate a 6-foot leash in parks and public ways.
These unincorporated areas are also governed by Albany County ordinances.
New York State preempts breed-specific legislation. Albany County municipalities cannot ban or restrict dogs by breed and instead enforce behavior-based dangerous dog laws under NY Ag and Markets Law Section 123.
Trees on private property in unincorporated Albany County may be trimmed without permit. National Grid handles utility line clearance. Street trees in villages require municipal approval.
No Albany County-wide grass height ordinance. Individual towns (Colonie, Bethlehem, Guilderland) set limits typically 8-10 inches. Unincorporated areas rely on NY Public Health Law nuisance provisions.
No countywide tree preservation ordinance in Albany County. Private property tree removal allowed without permit in unincorporated areas. City of Albany protects street trees via DGS.
Albany County municipalities enforce weed/grass height under local property maintenance codes. City of Albany Code §313-13 prohibits weeds over 10 inches. NY DEC regulates invasive species under 6 NYCRR Part 575.
Albany Water Department serves the City of Albany from Alcove and Basic Reservoirs. No standing countywide restrictions. Voluntary conservation requested during NYSDEC drought watches. Suburban towns on separate systems.
Rainwater harvesting is legal and encouraged throughout Albany County. New York has no statewide restriction on residential collection. NYSDEC and City of Albany promote rain barrels for stormwater reduction. Potable use requires NYSDOH-compliant treatment under 10 NYCRR Part 5.
Albany County encourages native plant landscaping under NY Environmental Conservation Law §9-1709 (invasive species) and local Conservation Advisory Council programs. Cornell Cooperative Extension of Albany County provides native plant lists for Hudson Valley ecoregion; no local ordinances restrict native or pollinator-friendly gardens.
Albany County generally permits residential artificial turf with proper drainage and MS4 stormwater compliance. No county-wide ban; local zoning may regulate placement. PFAS concerns and NYS Legislature bills (A5082/S1746) have prompted scrutiny but no current statewide prohibition for residential installations.
Most Albany County municipalities prohibit or sharply limit home business signage. Typical limit: one non-illuminated sign, 2 sq ft max, attached to dwelling.
Customer visits to home businesses are heavily restricted countywide. Most Albany County towns cap visits at 1-2 clients at a time and prohibit retail walk-in traffic.
Albany County defers to town/village zoning for home occupations. Most municipalities permit them as accessory uses with conditions under NY Town Law Article 16.
Albany County home food production operates under NY Home Processor Exemption (Agriculture and Markets Law Article 20-C, 1 NYCRR §276). Non-potentially-hazardous foods (baked goods, jams, candy, granola) may be sold directly without a commercial kitchen; registration with NYS Department of Agriculture and Markets is required.
Albany County home daycares are licensed by NY Office of Children and Family Services (OCFS) under Social Services Law §390 and 18 NYCRR Part 417 (Family Day Care) or Part 416 (Group Family Day Care). Family day care: up to 8 children; Group: up to 16 with assistant. Local zoning approval also required.
RV and boat parking regulated at the town or city level across Albany County. Most suburban towns (Bethlehem, Colonie, Guilderland) restrict RVs on residential lots to side or rear yards.
Street parking rules in Albany County are set by each municipality. City of Albany enforces alternate side parking and residential permit zones in some neighborhoods. Overnight rules, snow emergency bans, and meter hours vary widely across the county's 19 cities, towns, and villages.
Albany County supports EV charging infrastructure under NY Real Property Law §335-a and 2020 NYSERDA Charge Ready NY 2.0 policies. Residential Level 2 installations require electrical permits under NY Uniform Fire Prevention and Building Code; HOAs and condo boards cannot unreasonably prohibit EV charger installation on owned parking spaces.
Albany County enforces abandoned vehicle rules under NY Vehicle and Traffic Law §1224 and local junkyard ordinances. Vehicles left on public roads over 6 hours in posted no-parking zones or 48-96 hours on local streets may be tagged and towed; inoperable vehicles on private property must be screened or stored indoors.
City of Albany enforces alternate-side parking and overnight winter parking rules. Nov 15-Apr 1 snow emergency routes restrict overnight parking. Town rules in Colonie, Bethlehem, Guilderland vary. Tickets $35-$90; towing common in snow events.
Driveway permits required for curb cuts on county and municipal roads. Albany County Department of Public Works issues permits for county-maintained roads.
Commercial vehicle parking on residential streets is restricted by most Albany County municipalities. City of Albany Code prohibits commercial vehicles over 10,000 lbs on residential blocks overnight; active deliveries during business hours are generally exempt.
Modified exhaust, loud mufflers, and unnecessary horn use are prohibited under NY Vehicle and Traffic Law Section 375(31) statewide and enforced throughout Albany County by state and local police.
Amplified music in Albany County regulated by local noise codes and NY Penal Law §240.20 disorderly conduct. City of Albany requires Special Event Permits for amplified outdoor sound. SLA license conditions govern bars on Pearl Street entertainment district.
Construction noise in Albany County is limited by individual municipal codes, typically restricting work to 7 AM to 7 PM weekdays with Sunday restrictions. Contractors near Albany International need to account for airport-adjacent noise contours.
Albany County relies on town and city quiet-hour rules, with most municipalities setting nighttime restrictions from 10 PM to 7 AM. NY Penal Law 240.20 unreasonable noise applies countywide as a violation-level offense.
Bars, restaurants, and commercial properties in Albany County must comply with municipal noise codes and State Liquor Authority conditions. Warehouse District venues near downtown Albany face stricter late-night scrutiny.
Habitual barking is treated as a public nuisance under NY Agriculture and Markets Law Article 7 and local Albany County municipal codes. Continuous barking of 15 to 30 minutes typically triggers citations.
Albany County municipalities regulate leaf blowers under local noise codes. City of Albany Code Chapter 255 (Noise) limits sound at property line. Gas blower hours typically 7 AM to 8 PM weekdays in most towns. No county-wide gas ban as of 2026.
STR registration differs between unincorporated and incorporated areas of Albany County. Most suburban towns require host registration; City of Albany Common Council continues to debate a registry framework.
STR noise rules vary: rural Albany County towns (Berne, Knox, Rensselaerville, Westerlo) have lighter enforcement; suburban towns impose 10 PM-7 AM quiet hours; City of Albany Noise Ordinance applies 7 nights/week.
Albany County 6 percent bed tax applies to online platform bookings and direct bookings equally. Host or platform must remit quarterly; 30+ day stays are exempt.
Short-term rental parking in Albany County is governed by each municipality. Driveway capacity is the governing limit in most suburbs; Albany City imposes winter overnight on-street parking ban Nov 15 to Apr 1.
Albany County STR occupancy follows NYS Uniform Code (FC §403.2) and local rules. City of Albany Code §231 caps STR occupancy at 2 per bedroom plus 2, max 10. Town rules in Colonie, Bethlehem, Guilderland are similar. NYS DOH Part 7 sanitation applies.
Albany County STR hosts typically need $500K-$1M liability coverage. City of Albany Code §231 requires proof of insurance at registration. Standard NY homeowner policies (HO-3) often exclude commercial rental; ISO HO-4 or commercial riders needed.
Recreational fire pits allowed under NYSDEC Part 215 if under 3 feet diameter and 2 feet tall, using only clean untreated wood. Local fire marshal may impose setbacks.
Albany County opted in to NY sparkler law. Ground-based sparkling devices legal June 1-July 5 and Dec 26-Jan 2. Aerial fireworks remain illegal under NY Penal Law 270.00.
NYSDEC 6 NYCRR Part 215 bans residential open burning March 16-May 14 statewide. Albany County towns with population under 20,000 may allow small brush fires outside burn ban period.
NY Executive Law 378 requires smoke detectors in all dwellings. Since April 2019, all new or replacement battery smoke alarms must be 10-year sealed lithium units per NY Gen Business Law 399-ccccc.
Albany County enforces brush clearance through NY Property Maintenance Code and local nuisance ordinances. NY ECL §9-1105 restricts open burning of brush. DEC burn ban March 16 to May 14 annually statewide.
Albany County has no formal wildfire hazard severity zones, but NYSDEC enforces a statewide residential brush-burning ban from March 16 to May 14 under 6 NYCRR §215. The Albany Pine Bush Preserve uses prescribed fire for ecological management, and ECL §9-1105 authorizes emergency burn bans during elevated fire-danger ratings.
Garage conversion to habitable space requires building permit, egress compliance, insulation to NY Energy Code, and Certificate of Occupancy amendment. Town building department approval required.
No Albany County ADU ordinance. State ADU legislation proposed but not enacted. ADU permissions vary by town: Bethlehem and Guilderland allow accessory apartments; rural towns more restrictive.
NY Uniform Building Code exempts sheds under 144 sq ft from permits. Larger sheds require town building permit. Setbacks typically 3-5 feet side/rear in most Albany County towns.
Albany County carports require building permits under NYS Uniform Fire Prevention and Building Code. Typical setbacks are 5-10 feet from side property lines, 15-30 feet front yard, under local zoning. Carports count toward maximum lot coverage; snow load design required for Albany's 45-50 psf ground snow load per ASCE 7.
Albany County tiny homes on foundations follow NYS Residential Code Appendix Q (adopted 2020) for dwellings under 400 sq ft. Tiny homes on wheels (THOW) are classified as RVs or manufactured homes under NY Executive Law §373; most Albany County zoning prohibits permanent RV dwelling outside licensed parks.
Pool fencing in Albany County historic districts requires both NYS safety compliance (48 in height) and Historic Preservation Commission design review for materials and style.
Albany County hot tub installations require electrical permits under NYS Uniform Fire Prevention and Building Code (NEC 680.42). Barrier requirements per NYS Residential Code §AG105 apply; locking safety cover meeting ASTM F1346 may substitute for fencing. NY pool alarm law (Executive Law §378(5-a)) also applies.
Above-ground pools over 24 inches deep require building permits and 48-inch barriers under NY State code. Removable ladders count as barriers if self-locking.
Albany County Department of Health regulates public, semi-public, and camp pools under 10 NYCRR Subpart 6-1, including water quality, lifeguard staffing, and operating permits. Residential pools follow the NYS Residential Code Appendix G.
Albany County pools require local building permits under the NY Uniform Code. NYS Residential Code Appendix G and ICC 2020 Swimming Pool Code govern. Barrier inspection required before water. Any pool over 24 inches deep needs a permit.
Albany County fence heights are regulated at the municipal level, typically capped at 4 feet in front yards and 6 feet in side and rear yards. Agricultural zones allow taller fencing and deer fencing up to 8 feet.
New York common law and NY Real Property Actions and Proceedings Law govern shared fences in Albany County. Spite fences over 10 feet can be ordered removed under RPAPL Section 843.
Most Albany County municipalities require a building permit for fences over 6 feet tall, and some require zoning review for any fence regardless of height. Permit fees typically range from 25 to 100 dollars.
Albany County pool barriers must comply with NYS Residential Code §AG105 and Public Health Law Article 13, Title V (Subpart 6-1). Minimum 48-inch barriers, self-closing self-latching gates with latches 54 inches above grade, and required mandatory pool alarm under NY Executive Law §378(5-a) for all residential pools.
Albany County retaining walls over 4 feet (measured from bottom of footing to top) require building permits and engineered drawings under the NYS Uniform Code and 2020 Residential Code §R404. Walls under 4 feet with no surcharge are typically exempt but must still meet setback and drainage rules.
Fence materials in Albany County are largely unrestricted, though barbed wire and electric fences are generally prohibited in residential zones. Historic districts impose stricter material and style standards.
Fence setbacks in Albany County generally require placement on or inside the owners property line, with corner-lot sight-triangle setbacks of 25 to 30 feet at street intersections. Survey verification is strongly recommended before installation.
Albany County trash/recycling bins must be stored out of street view between collection days under local property maintenance codes. City of Albany Chapter 313 (Solid Waste) mandates lidded containers; placement not before 5 PM day before pickup, removal by 8 PM collection day. Bear-resistant containers recommended in western towns.
Albany County property blight enforcement operates under NYS Property Maintenance Code (19 NYCRR Part 1226) and local codes. City of Albany Vacant Building Registry (Chapter 133) requires registration of vacant buildings ($250-$5,000/year tiered by vacancy duration). Peeling paint, broken windows, debris, and unmaintained vegetation trigger citations.
City of Albany Code Ch. 323 requires property owners to clear sidewalk snow/ice within 24 hours after snowfall ends. Town of Colonie §131-6 requires 24 hours; Bethlehem §85-18 requires reasonable time. Capital Region nor'easters make this critical. NY GOL §9-103 addresses liability.
Albany County applies property maintenance codes to yard sales. City of Albany Code Ch. 331 (Property Maintenance) prohibits blight; items must be organized and removed same-day after sale hours. Unsold items cannot accumulate. Violations carry $50 to $500 fines.
Albany County vacant lot owners must maintain property under NYS Property Maintenance Code §302 and local codes. Grass/weed height limit typically 10 inches; dumping prohibited; abandoned structures must be secured. Albany County and City both maintain nuisance abatement programs with lien authority under NY General Municipal Law §119-z.
Albany County municipalities enforce the NY State Uniform Fire Prevention and Building Code (19 NYCRR Part 1200+). Permits issued by local code enforcement in each town or city.
Albany County requires inspections at footing, framing, rough-in plumbing, electrical, insulation, and final stages per NY Uniform Code. Certificate of Occupancy required before use.
Albany County is not covered by NYS Emergency Tenant Protection Act (ETPA) rent stabilization — only NYC and Nassau, Rockland, Westchester, plus opt-in municipalities qualify. HSTPA 2019 applies statewide for tenant protections, but no rent caps in Albany County.
Albany County has no countywide just-cause eviction law. NYS Good Cause Eviction Law (2024, Ch. 56 Part HH) applies only in NYC and opt-in municipalities. HSTPA 2019 and RPAPL Article 7 govern evictions statewide with enhanced tenant protections.
Albany County cities and towns require rental registration. City of Albany requires a Residential Occupancy Permit (ROP) with inspection every 30-36 months; Cohoes and Watervliet require annual registration. Violations bring fines up to $1,000 per unit.
Albany County towns permit political signs on private property under First Amendment and Reed v. Town of Gilbert (2015). Most towns limit size to 6-16 sq ft and require removal 7-14 days after election. Right-of-way placement prohibited.
Albany County towns permit temporary garage sale signs on private property. Size limits typically 4-6 sq ft. Signs on utility poles, traffic signs, and state/county ROW prohibited under NYS Highway Law §86. Removal required within 24-48 hours.
Albany County residents can display holiday decorations on private property without permits. Displays must not obstruct sidewalks, block sight lines, or violate town noise codes. Electrical must meet NYS Uniform Code. Nor'easter wind loads matter.
Albany County door-to-door solicitors need municipal permits. City of Albany Code Ch. 331 requires Peddler/Solicitor License with APD background check. Hours 9 AM to 8 PM. Religious and political canvassing protected under First Amendment (Watchtower v. Stratton).
Albany County municipalities recognize posted no-soliciting signs. City of Albany Code §331 makes ignoring a clearly posted sign a violation. No countywide registry but several towns offer opt-out lists. Political and religious canvassing protected.
Albany County did not opt out of adult-use dispensaries under NY Cannabis Law §131. City of Albany allows dispensaries in mixed-use commercial districts under USDO with 500 ft school/youth buffers. NY OCM licenses retail and enforces NY Cannabis Law §72.
Under NY MRTA (Cannabis Law §222), adults 21+ may cultivate up to 3 mature and 3 immature cannabis plants per person, maximum 6 mature/6 immature per household. Plants must be secured from minors and not visible from public spaces. Albany County has not preempted state rules.
City of Albany Code Ch. 283 restricts food truck vending locations. 100-foot distance from brick-and-mortar restaurants. Empire State Plaza has dedicated NYS OGS food truck program. Lark Street, Washington Park events separately permitted.
Albany County food trucks need Mobile Food Service Establishment Permit from Albany County Department of Health (10 NYCRR Subpart 14-4). City of Albany adds Mobile Food Vendor license under Code Ch. 283. Commissary agreement required.
Albany County mandatory recycling under NY General Municipal Law §120-aa and Albany County Local Law. Paper, metal, glass, plastics #1-2 required. Film plastic banned from curbside. Food scrap recycling expanding under 2022 NY Food Donation Act.
Albany County bin placement rules set under local codes. City of Albany Code §313-35 requires totes at curb by 6 AM, retrieved within 24 hours. Snow removal obligations make winter set-out particularly regulated.
Albany County trash pickup varies by municipality. City of Albany Department of General Services provides weekly collection. Private haulers (County Waste, Twin Bridges) serve most towns. NY GML Article 5-A governs solid waste districts.
Albany County bulk disposal handled by City of Albany DGS appointment system or private haulers. Electronics banned from curbside under NY ECL §27-2601 (e-waste law). Appliances with refrigerant require EPA Section 608 handling.
Albany County municipalities set zoning setbacks under NY Town Law §261 and Village Law §7-700. City of Albany Unified Sustainable Development Ordinance (USDO) sets 10 to 25 ft front, 5 to 10 ft side, and 20 ft rear setbacks depending on the form-based district (R-1F, MU-NE, etc.).
Height limits are set by each Albany County municipality under NY Town Law §261. City of Albany USDO caps residential at 35 to 40 ft; downtown MU-DT allows up to 175 ft. Colonie R-AA limits to 35 ft. Chimneys, antennas, and mechanicals have limited exemptions.
Albany County municipalities cap lot coverage under local zoning per NY Town Law §261. City of Albany USDO limits residential coverage to 35 to 60% depending on district. NYSDEC SPDES stormwater rules apply for disturbances over 1 acre or 5,000 sq ft in MS4 areas.
Albany has no formal heritage tree registry, but City of Albany Code Ch. 337 and the Historic Resources Commission protect landmark trees on designated historic properties. NYS DEC Old Growth Forest Program protects stands at Thacher State Park. Removal of large trees on historic lots requires HRC review.
Albany County has no countywide tree-removal permit; regulation is municipal. City of Albany Code Ch. 337 requires permits for street trees and trees on public property. Town of Bethlehem and Colonie regulate trees in conservation districts. Private trees generally unregulated except in wetland or floodplain buffers.
City of Albany Code Ch. 337 requires replacement trees when street trees or trees on public land are removed. Typical 1:1 replacement with 2-inch caliper minimum. Town of Bethlehem requires replanting in subdivisions. NYSDEC requires restoration plans for wetland buffer removals under ECL §24-0701.
Albany County parks close dusk to dawn under Local Law rules; Thacher State Park follows NYS OPRHP hours (typically 8 AM to sunset). City of Albany parks close 11 PM to 6 AM per City Code Ch. 313. After-hours presence is trespassing under NY Penal Law §140.05.
Albany County enforces a juvenile curfew for minors under 17. Nighttime curfew hours typically run 11 PM to 6 AM on school nights with later weekend hours.
Recreational drones in Albany County follow FAA rules (49 USC §44809). Restricted airspace around Albany International Airport (ALB) and NYS Capitol. Albany County parks and NYS Office of General Services prohibit drone launches from state property without permit.
Commercial drone operators in Albany County need FAA Part 107 Remote Pilot Certificate. Albany International (ALB) controlled airspace requires LAANC. NYS Penal Law §240.25 may apply to harassment. State Capitol area operations need OGS/NYSP coordination.
Albany County has significant FEMA-mapped floodplains along the Hudson River, Mohawk River, and Normans Kill. All riverfront municipalities participate in the National Flood Insurance Program (NFIP).
Albany County municipalities comply with NY DEC SPDES MS4 permit. New development over 1 acre requires stormwater pollution prevention plan (SWPPP). Green infrastructure encouraged.
Albany County enforces NYS DEC SPDES General Permit GP-0-20-001 for construction sites disturbing 1+ acre. Erosion and sediment control plans required, with extra protections for Hudson River and Normans Kill watershed drainage.
Albany County has no ocean coastline but the Hudson River is a designated NYS coastal area under Executive Law Article 42. Waterfront development in Bethlehem, Coeymans, and the City of Albany triggers LWRP consistency review and tidal wetlands rules.
Albany County municipalities require grading permits for significant earthwork. Drainage cannot be redirected onto neighbors under NY common law (Kossoff v. Rathgeb-Walsh). Hudson River floodplain and Normans Kill drainage trigger extra review.
Light trespass (glare onto neighboring property) addressed through nuisance provisions in most Albany County zoning codes. Excessive glare may trigger code enforcement review.
Albany County towns including Bethlehem, Guilderland, and New Scotland restrict outdoor lighting through zoning codes requiring fully shielded fixtures. Commercial lighting cannot spill onto residential properties. State Capitol District has no countywide dark-sky law.
Albany County municipalities typically allow 2 to 4 residential garage sales per year. City of Albany follows convention of up to 3 sales; Colonie and Bethlehem zoning treat more frequent sales as home business requiring permit. NY Tax Law §1115 exempts casual sales.
Albany County garage sales typically run 8 AM to 6 PM. City of Albany noise ordinance Ch. 255 sets daytime limits to 10 PM. No specific time-of-day rule for yard sales, but noise, traffic, and sign rules apply. Weekend sales (Fri-Sun) are customary.
Most Albany County municipalities do not require a garage sale permit for occasional residential sales. City of Albany allows without permit; Town of Colonie and Bethlehem follow similar practice. Repeated sales may be deemed unlicensed retail under NY Tax Law and local zoning.
New York has NO comprehensive statutory HOA solar preemption like California or Florida. NY RPL §335-a protects solar easements but does not prohibit HOA aesthetic rules. Albany County HOAs (Loudonville, Delmar, Guilderland) can impose reasonable restrictions.
Albany County solar permits follow NYS Unified Solar Permit process adopted by NYSERDA. Most towns offer $250-$400 expedited permitting for residential systems up to 25 kW. NYS RPL §335-a protects solar access. Net metering required under PSC rules.