Dumpster diving is not explicitly illegal under New York State law, but its legality is determined primarily by location and property rights. If you are searching through trash that is on public property—such as curbside refuse—it is generally considered legal, as courts have ruled that once trash is placed for collection, it is abandoned and not protected by privacy laws123. This principle was established by the U.S. Supreme Court in California v. Greenwood (1988)24.
However, if you enter private property to dumpster dive—even if it’s just to access a dumpster behind a store or in a fenced area—you risk being charged with trespassing if you do not have permission from the property owner526. Many local municipalities and businesses post “No Trespassing” signs or have specific rules against rummaging through trash on their property. Ignoring these signs or entering restricted areas can result in citations or even arrest523.
In New York City, dumpster diving is specifically prohibited by local sanitation laws, and violators can face fines up to $1001. Other cities and towns in New York may have their own ordinances, so it is important to check local regulations before dumpster diving56.
Public property (curbside trash): Generally legal, unless local laws prohibit it.
Private property: Illegal without permission; can result in trespassing charges526.
New York City: Illegal; fines up to $100 possible1.
Always check local ordinances and respect “No Trespassing” signs.
Safety and respect for property rights are crucial when considering dumpster diving in New York.
Sources
[1] https://www.theenvironmentalblog.org/2025/04/is-dumpster-diving-legal/
[2] https://wblk.com/dumpster-diving-new-york/
[3] https://www.rolloffdumpsterdirect.com/dumpster-diving-illegal/
[4] https://ultimatedumpsters.com/is-dumpster-searching-illegal/
[5] https://wgna.com/can-you-get-arrested-for-dumpster-diving-in-new-york-state/
