Buffalo Demands Seneca Nation Halt Old First Ward Fuel Depot Construction

The City of Buffalo has formally demanded that the Seneca Nation of Indians and Seneca Gaming Corporation stop construction on a proposed 28-bay gas and diesel fuel depot in the Old First Ward, and crews kept working after the city's September 30 deadline passed. The dispute centers on whether the site along Ohio Street is subject to city land-use authority at all, and it has quickly become one of the most closely watched development conflicts on Buffalo's waterfront City of Buffalo WBEN.

For construction professionals, the story is less about one gas station and more about jurisdiction, permitting risk and how public infrastructure investment shapes what gets built next to it. It also shows how quickly a project can move from site preparation to a legal standoff when owners and municipalities disagree about who has approval authority.

What happened

Mayor Sean Ryan announced on September 28, 2026 that the city had formally demanded the Seneca Nation and Seneca Gaming Corporation immediately stop construction activity at the site, which the city identified as 5 Miami Street along Ohio Street City of Buffalo. The city said it learned in recent days that crews had fenced off the property and begun preparing it for construction, and it stated that it had not approved the project City of Buffalo.

The city asked for written confirmation that work had ceased by 10 a.m. on Wednesday, September 30, and said it would pursue legal action if that confirmation did not arrive City of Buffalo. WBEN reported that crews continued working after the deadline, and Deputy Mayor Thomas Baines said, "We have to review our options" WBEN.

Seneca Nation President J.C. Seneca has said the Nation will keep building. "The Seneca Nation will continue to develop our proposed Seneca One Stop project on our sovereign land," he said, according to WBEN WBEN.

Project details

WBEN reported that the project is a $10 million Seneca One Stop complex planned for a triangular parcel bounded by Chicago, Miami and Ohio streets, across from Seneca Buffalo Creek Casino WBEN. The plan includes 24 gas pumps, four diesel pumps, a convenience store, a small grocery store and a cannabis dispensary, which is consistent with the 28 fueling positions described by the city WBEN City of Buffalo.

The Buffalo News editorial board described the site as a 2.3-acre plot of vacant land at 9 Miami Street bordering Ohio Street, just southeast of the casino The Buffalo News. The city's release uses 5 Miami Street, so the exact parcel address differs between sources. Readers should treat the location as the Miami Street and Ohio Street parcel near the casino until a deed or survey record settles the number.

According to WBEN, President Seneca said the project would employ more than 50 construction workers and more than 50 people once the station opens, and he has said he hopes the Nation can open next summer WBEN. WBEN reported that construction began in late August WBEN. No contractor, architect or engineer has been publicly identified in the coverage reviewed for this article.

The jurisdiction question

The core dispute is whether the land is, or can become, restricted-fee land outside city jurisdiction. The city's letter from Corporation Counsel Rosa Alina Pizzi argues the property does not meet the requirements for restricted-fee status because it was not purchased with funds appropriated under the Seneca Nation Settlement Act City of Buffalo. The letter also cites the 2002 Gaming Compact and a 2006 agreement in which, according to the city, the Nation represented it would not acquire additional Buffalo land under the Settlement Act for gaming operations City of Buffalo.

WBEN's account of the letter adds that city attorneys said settlement funds were earmarked for Nation housing and that the parcel does not meet geographic requirements tied to proximity to reservation territory WBEN. WBEN also reported that a December 2022 letter to then-Mayor Byron Brown said the Nation used Settlement Act funds to acquire the parcel and was preparing paperwork for the Bureau of Indian Affairs WBEN. Those two accounts point in different directions on how the land was purchased, which is exactly the question a court or federal review may have to resolve.

The Buffalo News editorial board noted that, as a project on sovereign territory, the station would not be subject to city review and that sales are expected to be tax-free, as at the existing Seneca One Stop on Perry Street The Buffalo News. The city disputes the sovereignty claim, so that status remains contested.

Why it matters to construction professionals

The Ohio Street corridor is a case study in public investment driving private development. The city says an $11.3 million reconstruction converted Ohio Street from a four-lane commercial and industrial roadway into a two-lane waterfront corridor with a separated bike and pedestrian path, landscaping and other amenities City of Buffalo. The city says new housing, restaurants, breweries and recreation uses have followed, and that redevelopment of the nearby DL&W Terminal is ongoing City of Buffalo.

"This is not a good fit for this neighborhood, and it runs counter to the vision we have been building for this corridor for more than a decade," Mayor Ryan said City of Buffalo. Fillmore District Council Member Mitch Nowakowski said a 28-bay fuel depot "is simply inconsistent with the surrounding neighborhood and the direction this corridor has taken" City of Buffalo.

Implications for owners, developers, contractors and subs

• Permitting risk is real even when an owner claims exemption. Contractors working on sites with contested jurisdiction can face stop-work demands, litigation and schedule disruption that are outside the normal permit process.
• Nearby developers should watch land-use compatibility. Owners who invested along Ohio Street based on the corridor's waterfront direction now face uncertainty about an incompatible use next door.
• Subcontractors should confirm contract protections. Fuel systems, underground storage tanks, site utilities and paving packages are exposed if work is halted by a court order after mobilization.
• Environmental review matters. WBEN reported that city leaders raised environmental concerns about the fuel depot near the Buffalo River WBEN.

What to watch next

The next steps are whether the city files suit, whether a court issues any order affecting work on the site, and whether federal authorities take action on the land status. WBEN reported the two sides met for more than an hour on September 11 and that further meetings were expected before the city's letter escalated the dispute WBEN. Watch for court filings, any Bureau of Indian Affairs action and whether work continues through the fall.

Bottom line

The Miami Street fuel depot dispute is a jurisdiction fight with real construction consequences. It pits a sovereignty claim against a decade of public investment in the Ohio Street corridor, and its outcome will shape how owners, lenders and contractors assess risk on contested parcels near Buffalo's waterfront.

Sources

• City of Buffalo: https://www.buffalony.gov/CivicAlerts.aspx?AID=1647
• WBEN, Sept. 28, 2026: https://www.audacy.com/wben/news/local/buffalo-to-senecas-we-demand-that-construction-activity-stop-immediately
• WBEN, Sept. 30, 2026: https://www.audacy.com/wben/news/local/senecas-keep-building-one-stop-buffalo-considers-legal-action
• The Buffalo News: https://buffalonews.com/news/local/article_e08f1624-b628-419f-a937-b2e39ba52ad2.html