113 local rules on file · Pop. 390 · Oneida County
Showing ordinances that apply to Westmoreland, NY
Westmoreland is an unincorporated community with a population of approximately 390 in Oneida County, New York. Because Westmoreland is not an incorporated city, it does not have its own municipal government or city code. Instead, Oneida 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 Oneida County may have different rules.
NY Agriculture & Markets Law Art. 7 authorizes Oneida County municipalities to enact dog-nuisance ordinances. Utica Code Ch. 2-6 treats 15+ minutes of continuous barking as a violation. Rome and most towns (New Hartford, Whitestown, Kirkland) follow similar standards.
Amplified music in Oneida County is regulated by local noise codes. Utica Code Ch. 2-17 requires sound not be plainly audible 50 ft from the source after 11 PM. Griffiss Business Park and downtown Rome events require City of Rome special-event permits.
These unincorporated areas are also governed by Oneida County ordinances.
No countywide construction hour rule in Oneida County. Utica allows construction 7 AM-7 PM weekdays; Rome 7 AM-9 PM. Town of New Hartford restricts to 7 AM-7 PM weekdays, 9 AM-5 PM Saturdays. Sundays and holidays generally prohibited without permit.
No countywide pet numerical limit in Oneida County. Utica City Code allows up to 4 dogs per household without a kennel license. Rome is similar. Kennels and catteries require zoning approval and NY Ag & Markets licensing if 10+ dogs.
Oneida County allows hens in NYC but roosters are banned. Coops must meet health standards. Livestock prohibited in most residential zones. NYC Health Code governs.
NY Ag & Markets Law 370 and ECL 11-0512 prohibit possession of wild or dangerous animals (big cats, bears, primates, venomous reptiles, wolves) throughout Oneida County. DEC permits required for most native wildlife. Oneida County follows the state list.
NY Agriculture & Markets Law 107 prohibits breed-specific legislation by municipalities. Dangerous dogs in Oneida County are handled under AG&M 123 based on individual behavior. No breed bans in Utica, Rome, or any Oneida County town.
NY Agriculture & Markets Law Art. 7 authorizes local leash laws. Utica Code Ch. 2-6 requires dogs on 6-ft-max leash in public. Rome Code §6-4 and most Oneida County towns (New Hartford, Whitestown, Kirkland) require leashes. At-large dogs face impoundment at Stevens-Swan Humane Society.
Beekeeping is permitted across Oneida County. NY Ag & Markets Art. 15 requires annual apiary registration with NY Dept of Ag & Markets. Utica allows backyard hives with setbacks; rural towns (Trenton, Remsen, Steuben) are generally unrestricted.
NY ECL 11-0505 prohibits feeding black bears and deer statewide, including Oneida County. DEC enforces and issues fines. Adirondack Park edge towns like Forestport and Remsen follow state wildlife rules strictly.
Recreational fire pits in Oneida County are allowed under 6 NYCRR Part 215 when fuel pile is under 3 ft diameter and 2 ft high. Must be 50+ ft from structures in most Oneida County towns.
Small recreational cooking and warming fires are permitted in Oneida County under 6 NYCRR 215.3 exceptions. Campfires are limited to under 3 ft across. No burning during the DEC burn ban window March 16-May 14.
Open burning of brush is allowed in Oneida County towns under 20,000 residents per 6 NYCRR Part 215, outside the March 16-May 14 statewide ban. Most towns (Deerfield, Marcy, Trenton, Western, Remsen) qualify; Utica and Rome (as cities) do not.
NYSDEC enforces a statewide open burn ban March 16 through May 14 annually across Oneida County. Garbage burning is prohibited year-round statewide. Violations carry fines up to $2,500.
NY Executive Law §378 requires working smoke alarms in all Oneida County dwellings. Since April 1, 2019, replacement alarms must be 10-year sealed-battery or hardwired. CO alarms required under Amanda's Law. Enforced by local code officers.
Oneida County is not in a designated wildfire-hazard severity zone. Northern towns (Forestport, Remsen, Steuben) border the Adirondack Park and coordinate with NYSDEC forest rangers. No WUI (wildland-urban interface) building standards apply countywide.
Consumer fireworks illegal under NY Penal Law 270.00. Oneida County HAS opted IN to sparkling device sales, making ground-based sparklers legal for sale and use by adults 18+.
NY Home Processor Exemption under Ag & Markets Law allows certain low-risk foods from home kitchens in Oneida County with annual registration. No wholesale sales. Direct to consumer only.
Home occupations are allowed in residential zones across Oneida County towns subject to local zoning. Typical conditions: clearly incidental to residential use, no outside employees, no external indication, max 25% of dwelling floor area. Utica Zoning §2-28-31 governs within the city.
Customer visits to home businesses restricted in most Oneida County zoning codes. Typical limit is 2 to 4 clients per day by appointment. No retail walk-in traffic permitted.
Home occupations regulated by each town or village in Oneida County. Utica and Rome require home occupation permits. Typical conditions: resident-operator only, no external signage beyond small nameplate, no customer traffic in residential zones.
Home business signage heavily restricted in Oneida County residential zones. Most towns prohibit signs or limit to one non-illuminated sign under 2 sq ft attached to dwelling.
Family and group family day care homes licensed by NY OCFS under Social Services Law Article 6 Title 2. Family day care: up to 6 children. Group family: up to 12 with assistant.
Native plantings are encouraged by Cornell Cooperative Extension of Oneida County (315-736-3394) but not mandated. NYSDEC 6 NYCRR Part 575 prohibits sale and transport of listed invasive ornamentals including Japanese barberry and burning bush.
Private tree removal is generally unrestricted in Oneida County towns. Adirondack Park Agency jurisdiction applies in northern towns like Forestport and Remsen. Wetland buffer cutting is regulated by NYSDEC.
Artificial turf is permitted on residential property throughout Oneida County. No countywide ban. Some towns require site plan review if turf exceeds 50 percent of lot coverage.
Noxious weeds in Oneida County are regulated under NY Ag & Markets Law Article 14. Property owners must control listed invasive species. Local nuisance ordinances target overgrowth over 10 inches in Utica and Rome.
Rainwater harvesting is unrestricted in New York and throughout Oneida County. No state or county permit is required for residential rain barrels. Non-potable use only without NYSDOH approval.
Mohawk Valley Water Authority serves most of Oneida County from Hinckley Reservoir. No routine outdoor-watering restrictions given abundant supply. Drought emergencies trigger temporary limits under NY DEC State Drought Management Plan.
Oneida County has no countywide grass ordinance. Most towns enforce 10-inch maximum via local property-maintenance codes. Utica Code Ch. 2-11 and Rome Code §14 enforce 10 inches citywide. Active farms exempt under NY Ag & Markets §305-a.
Trees on private property in Oneida County may be trimmed without a permit. Trees in the public right-of-way require town highway superintendent approval. Utility easement trimming is handled by National Grid.
EV charging follows NY State Energy Conservation Construction Code. New commercial construction requires EV-ready infrastructure per 2020 ECCCNYS. NYSERDA Charge Ready NY rebates available.
Oneida County roads managed by NY Vehicle and Traffic Law. No parking within 15 ft of fire hydrants, 20 ft of crosswalks, 30 ft of stop signs. Winter parking bans common in towns during snow events (Nov 15 to Apr 1 typical).
Abandoned vehicles on Oneida County public roads are removable after 96 hours per NY V&T Law 1224. Unregistered or inoperable vehicles on private property are junk vehicles under town property maintenance codes, requiring screening or removal.
RV and boat parking on Oneida County residential lots is generally allowed with town setback rules (typically side or rear yard, 5-10 ft from property line). No living in RVs as permanent residence. Mohawk River and Oneida Lake boat storage is common.
No countywide overnight parking ban. Winter parking bans active during snow emergencies (typically 2 AM to 6 AM or declared emergencies). Utica and Rome have stricter citywide overnight restrictions.
Driveway permits required from NY DOT for state routes or county highway department for county roads. Town highway superintendents permit driveways on local roads. Culvert pipe specs vary by town.
Commercial vehicles over 10,000 lbs GVWR generally restricted from overnight parking on residential streets per town ordinances. Some towns prohibit commercial vehicles in residential zones entirely.
Above-ground pools over 24 inches deep require building permit and barrier compliance. Pool wall may serve as barrier if 48 inches high. Removable/lockable ladder required when unattended.
NY State requires pool alarms on doors leading to pool area for pools built after Dec 14, 2006 (19 NYCRR 1228.2). Anti-entrapment drain covers required under Virginia Graeme Baker Act. Barrier must be 48 in tall per NY RC Appendix G.
Hot tubs and spas treated as pools under NY Residential Code Appendix G if over 24 inches deep. Lockable safety cover meeting ASTM F1346 exempts hot tub from barrier requirement. Electrical permit required from local code office.
NY Residential Code Appendix G requires 48-inch minimum barrier for all pools over 24 inches deep. Self-closing, self-latching gates opening outward. Gate latch minimum 54 inches above ground.
Building permit required for all in-ground and above-ground pools over 24 inches deep under NY State Uniform Code (19 NYCRR Part 1219). Oneida County municipalities enforce locally. Typical permit fee: 100 to 300 dollars.
Oneida County has no countywide night cap on STR rentals. Town of Webb (Old Forge) does not cap annual nights. Utica and Rome impose no per-year night limits. Stays under 30 days are transient occupancy subject to NY and Oneida County bed tax.
Oneida County hotel/motel occupancy tax: 5 percent on rentals under 30 days (Local Law No. 3 of 1992, amended). Applies to STRs, B and Bs, hotels. NY State sales tax 4 percent plus county 4.75 percent also apply.
STR parking in Oneida County governed by local zoning. Town of Webb (Old Forge) requires one off-street space per bedroom for STRs. Utica and Rome require off-street parking per zoning district standards; no blocking sidewalks or fire lanes.
Town of Webb STR law limits occupancy to 2 persons per bedroom plus 2 additional guests. Other Oneida County municipalities default to NY Property Maintenance Code occupancy standards (19 NYCRR Part 1226).
Oneida County has no countywide STR permit. Utica, Rome, and Old Forge area (Town of Webb) require local registration. Town of Webb STR ordinance mandates permits for all transient rentals under 30 days.
STR guests in Oneida County are subject to local noise ordinances. Utica quiet hours run 10 PM to 7 AM. Town of Webb STR permit requires the operator to enforce noise rules; repeated complaints can revoke the permit.
Town of Webb STR ordinance (Old Forge area) requires minimum $500,000 liability insurance with STR endorsement. Other Oneida County municipalities have no specific STR insurance mandate. NY statewide STR framework (effective March 25, 2025) imposes platform tax collection but no insurance floor.
Oneida County bed tax registration required countywide for any operator renting under 30 days. Town of Webb requires separate annual STR permit registration. Utica and Rome have no separate STR registry beyond zoning.
ADU rules vary by Oneida County town zoning. NY has no statewide ADU mandate (S5172A did not pass). Common allowance is an attached accessory apartment for owner-occupied single-family homes with minimum lot size. Utica allows accessory apartments in R-1 by special permit.
Carports in Oneida County are treated as accessory structures. A permit is required if over 144 sq ft. Must meet setback requirements and cannot be located in the front yard in most zones.
Garage-to-living conversions in Oneida County require a building permit and must meet NY Uniform Code habitable space standards including egress, ceiling height, and insulation. Zoning review is also required.
Sheds over 144 sq ft in Oneida County require a building permit under NY Uniform Code. Typical town setbacks are 5 ft from side and rear property lines. No permit is needed under 144 sq ft in most towns.
Tiny homes in Oneida County must meet NY Uniform Code 19 NYCRR Part 1220. Homes under 400 sq ft may use IRC Appendix Q standards (adopted 2020). Tiny homes on wheels are treated as RVs and prohibited as permanent dwellings in most towns.
Fence heights in Oneida County are set by local zoning. Utica Zoning Ch. 28 allows 4 ft in front yards, 6 ft side/rear. Rome mirrors those limits. Town of New Hartford permits 6 ft rear and 4 ft front. Fences over 6 ft require a building permit. NY RPAPL 843 covers spite fences over 10 ft.
Fence permits are generally required for fences over 6 ft throughout Oneida County. Utica and Rome require zoning permits for any fence in front yard setback. Rural towns may waive permits for short agricultural fences.
Shared fence cost-sharing in Oneida County is governed by NY common law (no statute). NY RPAPL 843 spite fence rule: fences over 10 ft erected maliciously can be a private nuisance. Disputes go to Oneida County Supreme Court.
Most fence materials (wood, vinyl, chain-link, ornamental metal) are allowed across Oneida County. Utica and Rome prohibit barbed wire and electric fences in residential zones. Historic districts (Utica landmarks, Oriskany) may require material review.
NY Uniform Code (19 NYCRR 1228 / Residential Code Appendix G) requires a 48 inch minimum barrier around all residential pools in Oneida County, with self-closing self-latching gates. Applies to in-ground and above-ground pools over 24 inches. Enforced by local building departments.
Corner sight triangles are enforced via local zoning across Oneida County. Utica Zoning Ch. 28 requires a 25 ft clear triangle at intersections with max 30-inch obstruction height. Rome, New Hartford, and most towns follow similar AASHTO-based standards.
Garage sales are generally allowed without permit in Oneida County municipalities. Most cities/towns limit to 2-4 sales per year, 3 consecutive days each. Sales on lawn/driveway only, not in public right-of-way. Commercial resale may trigger sales tax registration.
Oneida County trash containers must be covered, rodent-resistant, and stored out of public view between collection days. Utica Code Chapter 2-13 and Rome Property Maintenance Code enforce. Set-out typically allowed 12-24 hours before pickup.
Vacant lots must be maintained free of debris, overgrown vegetation, and nuisances. NY RPAPL §1308 requires mortgagees to maintain vacant/abandoned properties; owners face city abatement liens.
Utica and Rome enforce aggressive anti-blight programs targeting vacant, abandoned, and deteriorated properties. Utica Urban Renewal Agency handles demolition and receivership.
Property owners must clear snow and ice from public sidewalks abutting their property. Utica requires clearing within 24 hours after snowfall ends; Rome within similar timeframe.
Holiday decorations on private property generally unregulated. HOAs (rare in Oneida County) may restrict. Temporary lighting exempt from sign codes if displayed within seasonal window (typically 60 days before to 30 days after holiday).
Garage sale signs in Oneida County are allowed on private property with owner permission. Most municipalities require removal within 24-48 hours after the sale and prohibit placement on utility poles, street signs, or public rights-of-way.
Political signs protected as core political speech under First Amendment and Reed v. Town of Gilbert (2015). Oneida County municipalities cannot impose content-based restrictions but may regulate size, placement, and duration (time-neutral).
Food trucks in Oneida County require Oneida County Health Department mobile food service permit plus NY State sales tax certificate of authority. Individual towns/cities may require additional peddler permits. Utica and Rome have separate permit processes.
Vending zones set by individual municipalities. Rural towns often allow food trucks on private commercial property with owner permission. Public right-of-way vending typically prohibited without special permit.
Commercial drone operations in Oneida County require FAA Part 107 Remote Pilot Certificate. Waivers needed for night ops, beyond visual line-of-sight, or operations over people. Griffiss International Airport (Rome) is an FAA-designated UAS test range.
FAA preempts airspace regulation under 49 USC §40103. Recreational flyers must follow 14 CFR Part 107 rules, pass TRUST test, and register drones over 0.55 lb. NY State Parks prohibit drone launching/landing without permit.
Residential height limits in Oneida County towns typically cap at 35 ft. Agricultural accessory structures often exempt from height limits. Cities of Utica and Rome have zone-specific limits (35-60 ft depending on district).
Setbacks in Oneida County vary by town zoning. Typical rural residential: 50 ft front, 15-25 ft side, 40 ft rear. Oneida County does not have countywide zoning; each town sets its own standards under NY Town Law 261-264.
Maximum lot coverage in residential zones typically 25-35 percent. Rural agricultural zones allow higher coverage. Impervious surface calculations include driveways and patios in some towns.
Grading permits required from Oneida County town code enforcement for cuts/fills over 50 cubic yards in most towns. Drainage must not alter natural flow onto adjacent properties per NY common law (reasonable use rule). County DPW reviews work affecting county drainage.
Erosion and sediment control per NY Standards and Specifications for Erosion and Sediment Control (Blue Book). Silt fence, stabilized construction entrances, and seeded stabilization required within 7-14 days of final grading.
Oneida County participates in NYSDEC MS4 stormwater program. Construction sites disturbing 1+ acre require SPDES General Permit (GP-0-20-001) with SWPPP. Mohawk River watershed has heightened scrutiny.
Mohawk River and tributaries create significant flood risk across Oneida County, particularly in Utica, Rome, Whitesboro, Yorkville, and Oriskany. FEMA SFHA properties require flood insurance for federally-backed mortgages. NY State Floodplain Management law (6 NYCRR Part 502) applies.
Elevators regulated under NY Labor Law Article 15 and 12 NYCRR Part 51. Annual inspection by state or approved third-party inspector required. NYC has separate Local Law 10 regime but does not apply in Oneida County.
NY Public Health Law Title 10 and 10 NYCRR Part 67 regulate lead paint hazards. Federal EPA RRP Rule requires certified renovators for pre-1978 housing disturbing over 6 sq ft interior or 20 sq ft exterior. Oneida County health dept investigates elevated blood lead cases.
Scaffolding in unincorporated Oneida County follows NY State Uniform Fire Prevention and Building Code (19 NYCRR) and OSHA 29 CFR 1926 Subpart L. Local building departments issue permits for scaffolds exceeding 40 ft or encroaching on public right-of-way.
Pest control in Oneida County follows the NY State Property Maintenance Code (19 NYCRR 1226). Rental properties must be maintained free of rodents and insects. Applicators must be certified under NY ECL Article 33.
NY does not have a comprehensive solar-access law. HOAs in Oneida County may restrict solar placement subject to a reasonable-restriction standard. NY Real Property Law 335-b provides limited protections for recorded solar easements only.
NY State Unified Solar Permit adopted by most Oneida County towns streamlines residential solar to a $5,000 fee cap. NYSERDA NY-Sun incentives available. Rooftop solar generally permitted by right under NY Town Law 263.
HOA and condo assessments authorized by declaration. NY RPL 339-z gives condominium associations lien priority for unpaid common charges (6 months plus legal fees superior to mortgages). HOA liens governed by declaration plus general lien law.
HOAs and condominiums governed by NY Real Property Law Article 9-B (Condominium Act) and RPL 339 (condo declarations). Not-for-Profit Corporation Law applies to HOA boards. Annual meetings, quorum, and notice requirements set by governing documents plus N-PCL.
Architectural review committees authorized by declarations under NY RPL 339-v. Decisions must be reasonable and non-discriminatory. NY RPL 339-ee prohibits unreasonable restrictions on solar panels.
CCRs (declarations) in Oneida County enforced under NY Real Property Law 339 for condos and general contract law for HOAs. Fines must be authorized by the declaration. NY courts require HOAs act reasonably and follow due process (notice, opportunity to cure).
Oneida County HOA disputes are resolved per declaration procedures. NY does not mandate HOA mediation. Owners file in NY Supreme Court (Utica) for injunctive relief or damages. NY Attorney General Real Estate Finance Bureau oversees condominium offering plans.
Light trespass in Oneida County is addressable under NY common law nuisance. Town property maintenance codes may require shielded lighting not directed at neighboring residences. No statewide foot-candle limits.
Oneida County has no countywide dark-sky ordinance. Some towns adopted lighting standards requiring full-cutoff fixtures for commercial properties. Rural areas retain relatively dark skies.
Oneida County is not covered by NYC/Westchester rent stabilization. NY Housing Stability and Tenant Protection Act of 2019 (HSTPA) applies statewide: security deposit capped at 1 month, 14-day rent demand notice, lease renewal notice periods based on tenancy length, late fees capped at 50 dollars or 5 percent.
Oneida County has not opted into NY Good Cause Eviction law (L.2024, c.56, Part HH). Standard Real Property Actions and Proceedings Law (RPAPL) Article 7 applies.
City of Utica requires rental property registration and certificate of compliance under Utica Code Chapter 2-13. City of Rome has similar rental licensing. Unincorporated Oneida County has no countywide rental registry.
Bulk items (furniture, appliances, mattresses) accepted at OHSWA Eastern Transfer Station (Utica) and Western Transfer Station (Rome) for tipping fees. Scheduled curbside bulk pickup varies by municipality.
Oneida-Herkimer Solid Waste Authority (OHSWA) manages solid waste and recycling regionally. Municipal contracts or private haulers handle curbside pickup; schedules vary by city/town.
Mandatory source-separated recycling under Oneida-Herkimer Local Law. OHSWA dual-stream: Container Recyclables (metal/glass/plastic) and Paper/Cardboard collected separately.
Bins placed at curb no earlier than 4 PM the day before collection; must be removed within 24 hours after pickup. Local codes enforce setbacks from property line and prohibit storage in front yards.
NY MRTA allowed municipalities to opt out of retail dispensaries and on-site consumption by December 31, 2021. Utica and Rome opted in; several Oneida County towns opted out. Opt-outs are subject to permissive referendum.
NY Marijuana Regulation and Taxation Act (MRTA, 2021) legalizes home cultivation of up to 3 mature and 3 immature cannabis plants per adult (21-plus), max 6 mature and 6 immature per household. Local municipalities cannot ban cultivation.
City of Utica, City of Rome, and most towns require door-to-door solicitors and peddlers to obtain permits and display ID badges. Fees typically 25-100 dollars plus background check.
Residents may post No Soliciting or No Trespassing signs; violations enforceable as trespass under NY Penal Law §140.05. No Knock registries not common in Oneida County.
Oneida County parks (Deerfield, Pixley Falls State Park, Delta Lake State Park) close from dusk to dawn unless posted otherwise. Municipal parks (Utica, Rome) close at 10 PM or 11 PM.
City of Utica has historical juvenile curfew ordinance (under 17) from 11 PM to 5 AM. Rome and most towns have no active juvenile curfew. NY has no statewide curfew.