HomeMy WebLinkAbout6_Natural Resources and Environment Final 5-17-2019 CLEAN Southold Town Comprehensive Plan Update
This document was prepared for the New York State Department of State
with funds provided under Title 11 of the Environmental Protection Fund.
Natural Resources
&
Environment
Final
July 31, 2013
Updated May 17, 2019
Natural Resources & Environment
i
TABLE OF CONTENTS
TO COME
Natural Resources & Environment
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Southold Town’s ecological areas are among the most valuable natural resources in New York State.
Bounded by two U.S. Environmental Protection Agency (USEPA)-designated “Estuaries of National
Significance,” the Long Island Sound Estuary and the Peconic Estuary, the Town’s lands and waters
are protected by numerous planning documents, multi-agency regulations, and designations that
recognize the quality of the areas and provide management strategies. In the future, management
strategies will focus on protection, adaptation, and sustainability.
Managing and preserving our natural resources while promoting responsible user experiences is
essential to maintaining the quality of life within the Town. Correspondingly, managing consumable
resources to achieve balance and sustainability is also extremely important. With continued proactive
and collaborative management of the Town’s resources, the quality of them will improve. An integral
element of the management approach must include the implementation of an educational campaign
to increase awareness.
This chapter expands on relevant goals and objectives gathered from a series of planning initiatives,
plans, studies, reports, public input sessions conducted over the last 20 years. Collectively, this
information creates the vision of the Town with respect to natural resources and establishes the
fundamental goals and objectives to achieve the vision.
Background
This chapter of the Comprehensive Plan has been informed by several recent planning documents.
The Local Waterfront Revitalization Program (LWRP), adopted in 2005, provides a comprehensive
analysis of the Town’s resources and outlines a framework of goals for the developed coast, natural
coast, and public coast. The program also includes detailed lists of projects that the Town has
identified for implementation. The Fishers Island Strategic Plan 2007–2017 (Scopaz) provides an
effective planning framework for the Island and identifies numerous community-based
recommendations that were integrated within this plan.1 Finally, Plum Island was the subject of a 2012
Draft Environmental Impact Statement (DEIS), which provided a comprehensive assessment of the
Island’s natural resources. The DEIS was referenced to formulate goals and objectives in this
document.
All of the above referenced plans are available on the Southold Town website via the Weblink icon
on the home page.
1 The Fishers Island Strategic Plan 2007–2017 was prepared for the Fishers Island Hamlet of the Town of Southold
in September 2007. It was written by Valerie M. Scopaz, AICP, of VMS Planning Services. See
https://issuu.com/fishersislandny/docs/hamlet_study_-_fi_strategic_plan_20.
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Water Resources
Groundwater
Southold Town depends on a sole source aquifer for its potable water supply. The aquifer is
replenished solely by precipitation, which averages approximately 44 to 45 inches per year. The U.S.
Geological Service (USGS) estimates that the portion of precipitation that infiltrates the soil,
eventually reaching the groundwater reservoir is equal to about 50 percent of mean annual
precipitation or approximately 22 to 22.5 inches, or 1.9 billion gallons per year. The water cycle is
shown as Figure 6.1.
Drinking water is drawn from the Groundwater Management Zone IV of the Central Suffolk County
Special Groundwater Protection Area (SGPA), which encompasses Shelter Island and the northern
and eastern portions of the South Fork in addition to the eastern portion of Riverhead.
Figure 6.1. Water Cycle Source: Group for the East End Southold Conservation
Agenda
The aquifer is characterized by a series of isolated water table mounds, each of which corresponds to
a hydraulically distinct freshwater flow system. The North Fork is comprised of three oblong water
table mounds east of Mattituck Creek and James Creek that represent the principal freshwater flow
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systems. The freshwater flow systems contain a series of flow subsystems, each of which corresponds
to the area contributing groundwater to an individual water body. These flow subsystems are generally
separated from one another by local and regional groundwater divides (creeks and bays) that extend
inland from the coast and converge toward the respective water table mounds (USGS). It is important
to recognize that all drinking water and irrigation water supply on the North Fork is withdrawn from
the upper glacial aquifer because groundwater in the deeper aquifers is mostly saline.
The importance of Southold’s groundwater resources are recognized by the designation of certain
areas of the aquifer by the New York State Department of Environmental Conservation (NYSDEC)
as SGPAs. These areas are particularly important to groundwater protection because they are the core
areas of recharge to Southold’s aquifer. The aquifer is shown in Figure 6.2.
Figure 6.2. Southold Aquifer Source: Group for the East End Southold Conservation Agenda
The water supply, treatment, distribution and storage facilities for mainland Southold’s public water
supply are owned and operated by the Suffolk County Water Authority (SCWA). There is also
significant usage of groundwater from private wells for residential, agricultural, and commercial use.
Fishers and Plum Islands have their own unique water supply conditions. Fishers Island water supply
is dependent upon a sole source aquifer and 22 miles of water mains, an equalization reservoir, a
surface water treatment plant, a groundwater treatment facility, a well field and three surface water
reservoirs: Barlow Pond, Middle Farm Pond and Treasure Pond. The numerous ponds on Fishers
Island serve as the primary catchment and recharge areas for the islands aquifer. . Due to its hilly
topography, most of the precipitation that falls on Fishers Island flows to one of the numerous
freshwater ponds or directly to the coastal shoreline. According to the Hydrogeologic Report
Conducted on Fishers Island, New York by Groundwater, Inc. (April 1990), groundwater recharge
on Fishers Island is estimated to be approximately 709 million gallons per year. The water supply,
treatment, distribution and storage facilities for approximately 624 customers on Fishers Island are
owned and operated by the Fishers Island Waterworks, a subsidiary of the Fishers Island Development
Corporation (FIDCO). .
The Plum Island DEIS identifies groundwater on Plum Island within the sand and gravel of the Upper
Pleistocene Glacial Deposits. The shallow sole-source aquifer extends from land surface at the
wetlands to an approximate depth of 100 feet in the center of the Island. The aquifer is recharged
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solely by precipitation, which averages approximately 45 inches per year. Safe yield for the aquifer is
estimated to range from 150,000 to 200,000 gallons per day (gpd).
Goal 1. Conserve Water Quantity.
The potable water supply in the Town is limited, and without conservation measures, the supply of
potable water in the aquifer is strained, especially in times of drought. One of the largest consumers
of water is the irrigation of lawns, which increases during droughts. As the population of the Town
continues to grow, increased demand on the water supply system will occur, forcing an expansion of
public water supply system. Expansion is expensive and difficult due to areas of groundwater
contamination and salt-water intrusion. Consumer rates for water will increase as costs rise for the
SCWA.
Southold has been identified as one of two areas in Suffolk County where groundwater quality has
affected the existing groundwater supply. The shallow aquifer is limited by underlying and surrounding
salt water and contaminants such as nitrates and pesticides. Nitrate levels exceeding 6 mg/L were
found in supply wells located on the North Fork in unsewered agricultural areas.2
Water supply projections indicate that Southold will need additional water sources by 2030. The
projected water consumption is expected to rise to 4.6 million gallons per day (mgd) from 2.8 mgd,
assuming that all homes currently on private wells would be on community supply by 2030 (including
Orient). By 2030, if water continues to be used at the current rate, over 14,500 gallons per minute
(gpm) will be required at peak times, a rate that cannot be produced by the current water supply
system.
To address the projected water supply needs, the SCWA has indicated that approximately 6,100 gpm
of additional capacity would be required (excluding the storage tank at Moore’s Lane). This would
require the siting and installation of 38 new wells if no conservation measures are implemented. An
alternative to pumping an ever-increasing amount of water is to implement a water conservation
program that minimizes the irrigation of lawns, in addition to other measures. The Suffolk County
Comprehensive Water Resources Management Plan (SCCWRMP) indicates that if successful, the water
conservation option would require the addition of only three new supply wells to meet the 2030
demand.
If a conservation program is successful in reducing water use per household, SCWA forecasts that
only three additional wells would be needed instead of the 38 forecasted. The conservation approach
is the most practical one for residents and the SCWA, as there are significant concerns with developing
new wells: salt water up-coning/intrusion; impact to wetlands and surface water bodies; additional
capacity; identification and acquisition of available land for well sites and potential treatment facilities;
and cost associated with construction of the additional wells, transmission mains and treatment
facilities.
2 Suffolk County Comprehensive Water Resources Management Plan (SCCWRMP) by SCWA. Found at
https://www.suffolkcountyny.gov/Departments/Health-Services/Environmental-Quality/Water-
Resources/Comprehensive-Water-Resources-Management-Plan.
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According the SCWA, if conservation measures are not implemented, a connection to the Riverhead
transmission line to serve Southold Town would be the most feasible and cost-effective alternative.
This option requires the fewest new wells; however, numerous factors could affect the feasibility of
this scenario, and this option does nothing to address future concerns for the potable water supply.
Complete details can be found in the SCCWRMP.
Regardless of the short-term supply projections, planning for a long-term water supply in Southold is
important and conservation practices must be developed. Conservation practices can be accomplished
through public education and voluntary or mandatory homeowner participation. The following are
objectives to help implement water conservation initiatives and strategies to conserve potable drinking
water.
Objectives
1.1 Consider mandatory water conservation measures for residential irrigation.
Odd/even days for lawn irrigation.
Rain meters to prevent automatic sprinklers from activating on rainy days.
1.2 Work with SCWA to implement water conservation practices and programs.
Implement the SCWA groundwater conservation measures that include public education
and outreach on water conservation practices and emergency measures in periods of
drought through town media.
1.3 Develop water conservation, educational demonstration sites.
Partner with local water conservation advocates to fund, design, and construct educational
demonstration sites at the Peconic School, Town Hall, and on Fishers Island.
1.4 Support the Peconic Estuary Program initiatives for water conservation practices.
The Peconic Estuary Program has initiated a Homeowner Rewards Program to provide
water conservation opportunities to homeowners within the Peconic Estuary boundaries
that surround the impaired water body, Hashamomuck Pond, in the hamlet of Southold.
Funds are available to homeowners for rain gardens, downspout re-direction, rain barrel,
conservation landscaping and dry wells.
Responsible Parties: Southold Town Board, Town of Southold Planning Department, Town of
Southold Land Preservation Department
Possible Partnerships: Suffolk County Water Authority, Suffolk County Department of Health,
New York State Department of Environmental Conservation, National Oceanic and Atmospheric
Association, U. S. Environmental Protection Agency and other non-governmental agencies
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Goal 2. Protect Groundwater Quality.
The protection of groundwater quality is crucial for the health of the residents and visitors of the Town.
The Town’s two SGPAs for which water quality protection management strategies were developed
include portions of the hamlets of Mattituck and Laurel and extend westerly to Riverhead and portions
of the hamlets of East Mattituck, Cutchogue and Peconic (see Figure 6.3). The designation of the
SGPAs was based on two considerations, that "this area represents a major portion of the locally
significant deep recharge and that designation could facilitate the improvement and ultimate
restoration of groundwater quality" (The Long Island Comprehensive Special Groundwater
Protection Area Plan, 1992).3
Figure 6.3. Southold Town: Special Groundwater Protection Areas
3 Koppelman, L.E. and Long Island Regional Planning Board. “The Long Island Comprehensive Special
Groundwater Protection Area Plan” Long Island Regional Planning Board: 1992. Also https://books.google.com
/books?id=JeIiHAAACAAJ.
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The SGPA Plan identifies the primary ground water quality issue within the Southold SGPA as
consisting of contamination primarily from the historical use of pesticides used for agricultural
purposes. Pesticides have contaminated ground water throughout much of the horizontal and vertical
extent below the Southold SGPA (Koppelman, et al, 1992). The objectives in this Comprehensive
Plan are based, in part, on the SGPA Plan offers recommendations for management strategies
designed to reduce current and future groundwater contamination, avoid creating new sources of
contamination and provide the maximum protection of the groundwater in the SGPAs.
In addition to management strategies, SCWA tests public water systems on a regular basis and publishes
annual reports outlining the results for two SCWA Distribution Systems in Southold Town. One is
known as Distribution Area 30, and is comprised of the 49 supply wells that serve most of Southold
(except for Orient). The other Distribution Area 35 is comprised of one neighborhood in Orient known
as Browns Hills.
Certain areas have experienced degraded groundwater. In the 2011 report for Distribution Area 30, the
SCWA found evidence of pollutants including compounds from pesticides, herbicides, pharmaceuticals,
and personal care products (9 of the 16 compounds tested). Also found was Methyl Tert Butyl Ether (a
volatile organic compound [VOC]) that was used as an additive in gasoline until it was banned in 2004,
and nitrate, which is linked to red tide blooms in Peconic Bay, and was measured at an average value
of 3.78 mg/l and a high value of 7.97 mg/l. The results are lower than the established Maximum
Contaminant Levels (MCL) for drinking water quality for nitrates, which is 10 mg/l.
Also in 2011, the SCWA added filtration systems to Sunset Dr. #2A and #4A Mattituck wells to
remove the contaminants Aldicarb Sulfone and Sulfoxide and Metolachlor ESA. Filtration was also
added at the Rocky Point Rd. #4 East Marion well to remove the contaminants TCPA
(Tetrachloroterephthalic Acid, a breakdown product of Dacthal) and Metolachlor.
In the Browns Hills System 1 out of 16 pesticides, herbicides, pharmaceuticals, and personal care
products compounds tested were found, but no VOCs were detected in 2011. Nitrate in this system
had an average value of 3.22 mg/l and a high value of 10.87 mg/l, which exceeds the MCL (SCWA
2011).
The Suffolk County Department of Health Services (SCDHS) permits and monitors commercial and
residential water supply wells pursuant to Articles 4 Water Supply and Article 6 (Realty Subdivisions,
Development and Other Construction Projects) of the Suffolk County Sanitary Code (2011). SCDHS
also regulates 35 non-community water system sites, including Plum Island, which contains 66 wells
sites. A “community water system” is a public water system that serves at least five service connections
used by year-round residents or regularly serves at least 25 year-round residents.
In the areas that lack a public water supply system, comprehensive water quality testing is conducted
for all new subdivisions proposed with private wells. SCDHS also manages a testing program for
existing homes with private wells. The program provides comprehensive water quality analysis and
makes recommendations to property owners if necessary. The New York State Department of Health
(NYSDOH) recommends annual testing of private wells for total coliform. Similarly, annual water
quality testing of private wells for, at a minimum, total coliform, nitrates, total dissolved solids and pH
is recommended by USEPA and the National Groundwater Association (NGWA). SCDHS offers a
private well testing program at a nominal cost. More information about the program can be found at:
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http://www.suffolkcountyny.gov/Departments/HealthServices/EnvironmentalQuality/WaterReso
urces/PrivateWellWaterTestingProgram.aspx
In addition to regulating private and non-community water systems, SCDHS regulates subsurface
sewage disposal systems pursuant to Section 760-502, of Article 5 (Sewage Disposal), and Section 760-
710 of Article 7 (Water Pollution Control) of the Suffolk County Sanitary Code. Facilities designed
and constructed in compliance with the standards will be in compliance with the Suffolk County
Sanitary Code.
The heightened awareness of water quality problems has prompted the Town and numerous agencies
and organizations to elevate the need for voluntary and regulatory changes to reduce the introduction
of pollutants in groundwater. To assist with sorting out where additions to the public water
infrastructure are consistent with the Town’s goals, and where other measures are more appropriate, it
is recommended that the Town participate in assessment programs and initiatives that achieve the
highest level of protection and conservation for public benefit.
Objectives
2.1. Support the work of the Town of Southold Water Quality Protection and Conservation
Committee, which focuses on and promotes the implementation of the water quality and
water conservation goals and objectives of the Town.
Together with agencies and organizations such as SCDHS, SCWA, Long Island Groundwater
Research Institute (LIGRI) at SUNY Stony Brook, USGS, and Fishers Island Water Works, the
committee works to protect surface and groundwater quality and quantity through assessment,
education and participation.
2.2 Work with SCWA, SCDHS and Fishers Island Water Works Corporation in developing
mandatory groundwater and surface water quality protection measures.
2.3 Develop Aquifer Protection Overlay Districts town-wide.
Protection of groundwater quality is a community responsibility centered on education and
participation. One tool to accomplish the protection of groundwater quality is to develop and
implement an Aquifer Protection Overlay Districts (APOD) approach, which would provide
guidance to landowners and user groups on how to better protect groundwater. Effective
management within an APOD ranges from voluntary changes in homeowner choice to
application and disposal of pesticides, herbicides, or fertilizers, and use of land use controls in
areas located within sensitive groundwater recharge areas.
The Proposal for a Water Management Program for the Town of Southold Study presented a
mix of recommendations to minimize or eliminate additional groundwater contamination,
including the establishment of a Town Water Management Program; providing public water
systems in areas of existing development where the groundwater is contaminated; protection of
present and potential well sites; use of clustering, large lot zoning, and transfer of development
rights; and land acquisition to protect the areas with the deepest groundwater levels. This
proposal was accepted by the Southold Town Board on June 2, 1987; however, some of the
recommendations were not integrated into local ordinances. It is recommended that the Town
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re-evaluate the plan and update any useful information into policy and/or regulations to protect
groundwater quality.
2.4 Achieve consistency in town land use and water source protection through the re-
evaluation of zoning including permitted uses in capture zones, wellheads, and surface
water (Fishers Island) reservoir contributing areas.
2.5 Apply the most stringent pollution control measures practicable within 50-year capture
zones to community supply wells (SCDHS).
2.6 Re-evaluate Chapter 215 Sewers and Sewage Disposal of the Southold Town Code.
The section was adopted in 1983 and an update for applicability and effectiveness in preserving
groundwater quality is necessary. The section contains a provision that requires that on-site
wastewater disposal systems be inspected and pumped out a minimum of once every three years.
2.7 Evaluate and recommend Best Management Practices for the proactive reduction of
VOCs capable of entering groundwater and surface waters.
VOCs are associated with a myriad of products such as plastics, adhesives, paints, gasoline,
fumigants, refrigerants, and dry-cleaning fluids. . Although only one VOC (gasoline) was found
in Southold sampling of private wells, in 2010 SCWA testing revealed that almost 65 percent of
the community supply wells in Suffolk County have susceptibility ratings of medium high, high,
or very high for VOCs, while over 35 percent of the wells are rated medium or low.
The most effective method for preventing VOC contamination is to prevent the use or disposal
in locations where they have the ability to enter groundwater or surface waters. The reduction
of use of such products is voluntary, albeit necessary, to reduce the introduction of these
compounds in groundwater. In surface waters, the reduction of the introduction of the
compounds could result in a change of practices at marinas and waterfront uses.
2.8 Evaluate and recommend Best Management Practices for the proactive reduction of
pharmaceuticals and personal care products in groundwater and surface waters.
Pharmaceuticals refer to prescription and over-the-counter therapeutic drugs and veterinary
drugs. Personal care products refer to products used for personal and cosmetic reasons such as
soaps, fragrances, and cosmetics. Collectively, these types of pollutants are referred to as PPCPs.
PPCPs that are disposed of in septic systems, sewers, or trash have the potential to enter our
drinking water and, ultimately, our surface waters. Presently, USEPA has no health standards or
guidelines for PPCPs in drinking water and does not require testing.
In 2010, SCWA screened all of their wells for 16 PPCPs and detected Dilantin and
Carbamazepine. However, the noted compounds were not found in the wells of Southold Town
2010 or 2011.
2.9 Work with regulatory agencies to reduce the use of pesticides and herbicides on
residential properties.
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SCDHS classifies pesticides as insecticides, herbicides, and fungicides used to kill or control insect
pests and nuisance vegetation that affect crops, turf, residential lawns and gardens, homes, pets,
and people.
The Planning Board and the Board of Trustees strive to reduce turf areas through site design. In
sensitive areas, non-disturbance buffers are often established to reduce turf areas and the use of
pesticides and herbicides to protect surface water bodies; however, impacts to surface and
groundwater still occur from pesticide and herbicide use. The Town should work with regulatory
agencies in the development and dispersal of Best Management Practices for pesticide and
herbicide use in Town.
2.10 Work with regulatory agencies and the golf course industry to reduce the use of fertilizers,
pesticides, and herbicides in property management.
Golf courses use significant amounts of fertilizers and, in some instances, pesticides and
herbicides. Suffolk County is working with Cornell University and Cornell Cooperative
Extension to reduce nitrogen loads from East End golf courses through the development of Best
Management Practices to maintain nitrate levels in groundwater at less than 2 mg/L. The use of
Best Management Practices to reduce the application of pesticides and herbicides should also be
developed.
2.11 Continue to purchase open space to achieve groundwater and surface water resource
protection.
The purchase of open space for groundwater and surface water protection is one of the most
effective tools available. Since 1983, the Town has been active in the purchase of open space
properties for a myriad of uses including groundwater protection. In addition to the program,
the Town’s subdivision regulations require that wetlands be set aside as unbuildable land, and
that a minimum of 60 percent of the buildable land area be preserved as open space if the parcel
is over seven acres. The Town, Suffolk County, and other agencies continue to purchase open
space for many functions and values including groundwater recharge.
2.11.1 Develop an Open Space Valuation Index to evaluate parcels for groundwater (and
surface water) quality protection and supply among other ecological benefits.
Assessing the functions and values of open space parcels is challenging. As the inventory
of parcels for purchase increase, the funding available to purchase such parcels has
decreased. To assist the decision-makers in assessing the functions and values of a parcel, it
is recommended that the Town develop a parameter-driven valuation index to assess the
public and ecological benefits of each parcel proposed for open space purchase.
2.12 Develop and apply land use tools to preserve Plum Island water quality in the aquifer.
Consider establishing a Groundwater Conservation District on Plum Island to serve
Southold Town’s water supply needs in the future.
Under the current ownership, Plum Island water resources are a public asset and management
strategies to preserve the quality and volume of groundwater should be developed for potential
future public use.
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2.13 Support SCWA’s Groundwater Guardian Program.
The Groundwater Guardian Program is an international effort by the Groundwater Foundation
to educate the public about the value of groundwater. Team members of the Groundwater
Guardian Program include SCWA, Citizens Campaign for the Environment, The Long Island
Farm Bureau, Stony Brook University, and The Scotts Miracle-Gro Company. Team activities
focus on awareness campaigns, pollution prevention, conservation, public policy initiatives,
waterway cleanups and Best Management Practices.4
2.14 Work with regulatory agencies and institutions to reduce nitrogen and phosphorous loads
to groundwater due to residential fertilizer.
Both the Long Island Sound and Peconic Estuary have experienced detrimental changes from
increased nutrient loads to ground and surface waters. In the Long Island Sound, and more
recently in the Peconic Estuary, low dissolved oxygen (DO) conditions (hypoxia) develop due to
excessive levels of nitrogen (N) and phosphorous (P). Hypoxia is a result of planktonic algae
blooms that feed on the nutrients. The algae die and settle to the bottom of the water body then
decay, using up DO in the process. The oxygen levels frequently fall below the levels necessary
to sustain life and often results in fish and shellfish die offs. Correspondingly, the planktonic
algae is also toxic to shellfish and finfish in high densities, which also often results in the death
of species.
This problem is not limited to current events; to address the water quality problems in the Long
Island Sound, in 1985 USEPA created the Long Island Sound Study (LISS) in partnership with
the Connecticut Department of Environmental Protection (CTDEP) and NYSDEC. Years of
research, monitoring, and modeling helped the LISS to identify nitrogen sources in the Long
Island Sound and the levels of nitrogen control necessary to improve DO levels and meet water
quality standards. The analysis led to the adoption of a 58.5 percent nitrogen reduction goal by
2014 to reduce the extent and duration of hypoxic conditions in the Long Island Sound.
In the Peconic Estuary, after atmospheric deposition, groundwater is estimated as the second
largest external source of nitrogen, totaling 41 percent of the total nitrogen load. Groundwater
and other nonpoint sources are the primary contributors to water quality degradation of the
Peconic Estuary, thereby contributing to algal blooms and hypoxia (SCCWRMP). In 2001, the
Peconic Estuary Program adopted the Comprehensive Conservation and Management Plan
(CCMP) for the estuary. The plan includes a Nutrient Management Plan that establishes goals
and objectives to better manage nitrogen in the estuary.
Recognizing the problem of nitrogen and nitrates loading in ground and surface waters, the
Suffolk County Legislature established a goal of reducing fertilization in residential areas by 10 to
25 percent, and passed Local Law 41-2007 to reduce nitrogen pollution countywide. The law
states that “the quality of our water should be considered a higher priority than the aesthetics of
lawns, and those high maintenance lawns require more nitrogen and are more likely to leach
excess nitrogen, so that high maintenance lawns should be discouraged.”
4 See https://www.scwa.com/environment/become_a_groundwater_guardian/.
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Correspondingly, in July 2010, New York State adopted the Dishwasher Detergent and Nutrient
Run-off Law to reduce phosphorus loading to its ground and surface waters. On August 14,
2010, the law prohibited the sale of newly stocked, phosphorus-containing dishwasher detergents
for household use. On July 1, 2013, the law also prohibited the sale of phosphorus-containing
dishwasher detergents for commercial use. The law defines a commercial establishment as
"Commercial establishment means any premises used for the purpose of carrying on or exercising
any trade, business, profession, vocation, or commercial or charitable activity, including but not
limited to laundries, hospitals, and food or restaurant establishments”. More information on the
law can be found at the NYSDEC website (http://www.dec.ny.gov/chemical/74885.html).
2.14.1 Develop education programs that discuss the impacts on surface and groundwater
of residential fertilizer use and household products that end up in the septic
system. Use public service announcements and town media channels and
brochures to educate the public about the effects of the use of consumer products
on water quality. Include education about existing regulations.
Lawn fertilizers containing phosphorus are prohibited, except for establishment
of new lawns, or if data confirms that Phosphorus is required.
Application of lawn fertilizers on impervious surfaces is prohibited.
Application of lawn fertilizers are prohibited within 20 feet of a surface water body
except in cases where a vegetative buffer of 10 feet or more exists, or special
application techniques are employed.
Application of fertilizer between December 1 and April 1 is prohibited state-wide.
Require a maximum of 1lb per 1000 sq. ft./per year of turf application rate.
Phosphorus-containing dishwasher detergents for household use are prohibited.
Continue to include nitrogen and phosphorus Best Management Practices in
subdivision covenant and restrictions.
Require the use of native, drought-tolerant vegetation in landscaping.
Maximize widths of non-fertilized, vegetated buffers on parcels adjacent to water
bodies to minimize turf area and improve water quality protection.
2.15 Continue to support education programs that achieve agricultural nitrogen load
reductions, to include promoting agricultural Best Management Practices, expanding
Agricultural Environmental Management (AEM) strategies, and promoting organic
farming, among other initiatives.
The application of fertilizer and pesticides are necessary in crop farming, a staple in the Town’s
economy.
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In addition to on-site wastewater systems, agriculture remains a source of nitrogen loads to the
aquifer. The type of agriculture affects the resulting groundwater nitrate level, since nitrogen
loading can vary considerably depending on crop-specific fertilization requirements. The data
shows average nitrogen concentrations in groundwater for row crops at 13.4 mg/L and average
nitrogen concentrations in groundwater for vineyards at 5.1 mg/L (SSWRMP).
The same plan indicates that crop type also has a significant impact on the type and volume of
pesticides that are observed in down gradient groundwater. In a past report entitled “Water
Quality Monitoring for Pesticides in Nassau & Suffolk County, Vineyard Monitoring Draft
Report 2003-2006 (SCDHS),” the fungicide Metalaxyl used on grapes was the most frequently
detected compound in monitoring wells. In addition to the low levels of registered pesticides
that were detected, low levels of historically applied pesticides and pesticide-breakdown
products not associated with vineyard applications were also reported, including Metolachlor,
Alachlor, and Aldicarb. It is important to note that many of the pesticides and pesticide-
breakdown products detected have been banned in Suffolk County for decades, but are still
present in the aquifer system due both to their solubility and persistence in the environment.
Agricultural Stewardship Programs are currently implemented by Suffolk County and the
Cornell Cooperative Extension of Suffolk County to improve agricultural Best Management
Practices by reducing the amounts of nitrogen and pesticides reaching ground and surface
waters. More than 100 local vegetable, nursery, sod, fruit farms, and vineyards are participating
in a tiered strategy of AEM practices. The Agricultural Environmental Stewardship 5–Year
Program goal is to significantly reduce nitrogen leaching and run-off. More information on the
New York State AEM program can be found at http://www.nys-
soilandwater.org/aem/index.html.
Responsible Parties: Southold Town Board, Town of Southold Water Quality Protection
Committee, Fisher Island Water Works, Town of Southold Planning Department, Town of Southold
Land Preservation Department
Possible Partnerships: Suffolk County Water Authority, Suffolk County Department of Health,
New York State Department of Environmental Conservation, National Oceanic and Atmospheric
Association, U. S. Environmental Protection Agency and other non-governmental agencies
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Surface Water
All of the Town’s coastal waters are assigned a classification by the NYSDEC based on best usage of a
particular water body. The classifications set attainment goals and discharge standards for point sources,
but do not necessarily indicate existing water quality conditions. Most coastal waters in the Town are
classified as SA. The SA designation indicates that the primary use of the water body is shell fishing for
market purposes, primary and secondary contact recreation, and fishing. These waters are suitable for
fish propagation and survival (LWRP). By classifying waters as SA, the NYSDEC has set a management
goal to achieve a level of water quality capable of supporting shellfish harvesting. This does not imply
that waters so designated are always considered harvestable. Although much of Southold's coastal
waters are classified as SA, many of these same water bodies are not certified for direct market
harvesting of shellfish due to the seasonal occurrence of pathogens.
The classification is also important from an ecological and economic standpoint because healthy,
productive waters support tourism and marine uses. Town departments and numerous organizations
work to retain high quality surface waters through local laws, the Local Waterfront Revitalization
Program, the Peconic Estuary Comprehensive Conservation and Management Plan, and the Long
Island Sound Study.
Goal 3. Protect surface water quality.
There are many challenges to protecting the quality of our creeks, bays, and other surface waters.
Although today there are more regulations in place for protection of surface waters than in the past,
the increased number of potential sources of pollution necessitates a vigilance. The Town’s economy
and quality of life are inextricably tied to its coastal waters being clean and productive for many uses
including swimming, fishing, shell fishing, and boating.
Objectives
3.1 Continue to implement the goals and objectives of the LWRP, Peconic Estuary Program
(PEP) CCMP and LISS to address target issues on surface water quality.
The Town Code and LWRP goals and policies support the long-term protection of Peconic Bay,
Gardiners Bay, and Long Island and Block Island Sound. Additionally, they reflect existing laws
and authority regarding development and environmental protection, including that of the PEP
CCMP and the LISS. Taken together, the goals and policies and their associated standards are
used to determine the appropriate balance between development and preservation that will
prevent adverse effects on Southold's coastal resources. Southold Town can further these
policies through the participation and implementation of the plans. More information on the
Peconic Estuary and Long Island Sound Study can be found in Appendix 4.
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3.2 Continue to participate and support the Peconic Estuary Protection Committee to
implement the Municipal Separate Stormwater System (MS4) Program.
NYSDEC regulates stormwater discharges in the Town under the New York State Pollutant
Discharge Elimination System (SPDES) Permit for Discharges from Municipal Separate
Storm Sewer Systems (MS4s) GP-0-015-003 (MS4 General Permit). The MS4 General Permit
regulations establish a number of required planning, legislative, and implementation actions
that the Town must continue to implement. The program is designed to reduce overall
pollutant loads to water bodies. The MS4 General Permit requires that the Town accomplish
these efforts based on six Minimum Control Measures: public education and outreach, public
involvement, illicit discharge detection and elimination, construction site stormwater control,
post-construction stormwater management, and pollution prevention for municipal
operations.
The challenges of managing stormwater are complicated and diverse. Infrastructure
ownership, age, and funding all pose issues that the Town will need to address as it meets
regulations. As sea levels rise, the challenges will become even more difficult.
Recognizing that water quality impairments caused by stormwater runoff can negatively
impact living resources, recreational opportunities, water-related businesses, and quality of life
in the Town, the Town Board adopted a Stormwater Management Code in 2010.
Since inception, the New York Sea Grant Program and the PEP has spearheaded the
formation of a coalition to manage stormwater and meet regulations. This effort led to the
formation of the Peconic Estuary Protection Committee in 2015, which includes the New
York State Department of Transportation (NYSDOT), Suffolk County, and all of the towns
and villages within the Peconic Estuary Watershed. Participation in this coalition has saved
the Town money and strengthened its MS4 program through the sharing of information and
resources.
It is recommended that the Town continue to participate in the Peconic Estuary Protection
Committee, Sea Grant and the PEP to achieve greater understanding of and compliance
with the MS4 General Permit requirements, including net reductions in nitrogen and
pathogen loading to water bodies and seek state and federal funding for remediation
projects.
3.3 Increased understanding and awareness of the potential impacts of stormwater
pollution and activities that contribute to water quality impairments through public
education efforts.
The Town has worked closely with the PEP and other environmental organizations in
producing educational initiatives on the impacts of stormwater. The Town will continue to
work with the PEP in the development of Best Management Practices to further the MS4
Program and natural resource protection. Best Management Practices will be developed for:
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1. Development and construction
2. Stormwater runoff
3. On-site wastewater treatment
4. Boats and marinas
5. Agriculture
6. Protecting groundwater quality
3.4. Minimize illicit discharges into surface waters.
Southold Town Code Chapter 236 Stormwater Management defines illicit discharge as including
but not limited to “discharge of solid waste, human and animal waste, antifreeze, oil, gasoline,
grease and all other automotive products, flammable or explosive materials, metals in excess
of naturally occurring amounts, whether in liquid or solid form, chemicals not normally found
in uncontaminated water, solvents and degreasers, painting products, drain cleaners,
commercial and household cleaning materials, pesticides, herbicides, fertilizers, acids, alkalis,
ink, steam-cleaning waste, laundry waste, soap, detergent ammonia, chlorine, chlorinated
swimming pool or hot tub water, domestic or sanitary sewage, roof structure runoff, animal
carcasses, food and food waste, yard waste, dirt, sand, and gravel. Illicit discharges include any
direct or indirect discharge to the MS4, except as exempted in §236-25A (discharge
prohibitions) and/or as permitted by the Town.”
The Town has always strived to control and prevent illicit discharges capable of impairing
water quality. The Town has made significant advances in water quality protection with the
passing of a Stormwater Control Law in 2007 and a revised Stormwater Control Law in 2012.
Also in 2012, the Town Board revised Chapter 83 Animals to include better management of
domestic pet waste. These regulations include Best Management Practices that aim to reduce
pollutant loads into water bodies. Efforts to identify and rectify sources of illicit discharges
will continue to protect and restore surface waters.
3.5. Avoid and minimize non-point pollution of coastal waters.
Non-point pollution is defined as “Pollution from any source other than from any discernible,
confined, and discrete conveyances and shall include, but not be limited to, pollutants from
agricultural, silvicultural, mining, construction, subsurface disposal, residential, commercial
and urban run-off sources.” To address non-point pollution, the Town is working to integrate
green infrastructure into drainage designs. For example, the Planning Board is requiring the
use of constructed swales and vegetated retention areas to treat stormwater in subdivisions
and site plans. In addition, efforts to reduce pollutant loads to coastal waters by managing
unavoidable non-point sources and by using appropriate Best Management Practices as
determined by use, site characteristics, design standards, operational conditions, and
maintenance programs are being implemented.
One of the most influential sub-surface structures that contributes pollutants to surface waters
is conventional septic systems. The SCWA indicates that the majority of Suffolk County
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residents are dependent on these systems to dispose of sanitary waste; however, these systems
are discharging nitrogen into the groundwater. In addition, the treatment of PPCPs are
becoming problematic in groundwater as a result of their disposal in these systems.
Septic systems are required to be up-graded to newer technology on a case-by-case basis
typically prompted by new construction or renovation of structures. Otherwise, septic systems
are not generally monitored for proper function, and many substandard systems remain in use.
Better management and monitoring of these systems is necessary to minimize impact to
ground and surface waters.
Advances in wastewater treatment technology have resulted in a concerted effort to reduce
total nitrogen discharged in wastewater to below 19mg/L using Innovative and Alternative
Onsite Wastewater Treatment Systems (I/A OWTS). The Town has participated in this effort
with SCDHS and encourages the use of these systems. Further, discretionary boards may
require the use of the systems where groundwater and surface waters are vulnerable to
contamination.
3.5.1. Avoid non-point pollution by limiting non-point sources capable of entering coastal
waters.
3.5.2. Reduce or eliminate introduction of materials that may contribute to non-point
pollution.
3.5.3. Avoid activities that would increase off-site stormwater run-off and transport of
pollutants.
3.5.4. Retain or establish native vegetation to maintain or provide soil stabilization or filtering
capacity in littoral zones.
3.5.5. Preserve natural hydrologic conditions maintaining natural watercourses and drainage
systems where present.
3.5.6. Where drainage systems are absent or incapable of handling the anticipated run-off
demands:
3.5.6.1. Develop open vegetated drainage systems as the preferred approach and
design these systems to include long and indirect flow paths and to decrease
peak run-off flows.
3.5.6.2. Use closed drainage systems only where site constraints and stormwater flow
demands make open water systems infeasible.
3.5.7. Site, upgrade, and manage on-site disposal systems to achieve maximum pollutant
control through the integration and required use of I/A OWTS or future technologies
that reduce or eliminate nitrogen from wastewater.
3.5.7.1 Allow on-site disposal systems only when impractical to connect with a
public sewer system.
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3.5.7.2 Protect surface and groundwater against contaminates and other pollutants
by keeping septic effluent adequately separated from groundwater.
3.5.7.3 Work with an institution to develop and implement a pilot program whereby
waterfront residents can volunteer to have dye tests done on their septic
systems to determine if the systems are constructed properly.
3.5.7.4 Require that systems located in critical lands, within the SGPA, or soil groups
with severe limitations for sewage disposal, be pumped out once every three
years.
3.5.7.5 Require the use of I/A OWTS to achieve the highest level of effluent
treatment attainable in new construction projects. Set a benchmark for
systems using new technology to less than 5 mg/L of nitrogen located within
the Town.
3.5.7.6 Require the use of I/A OWTS to achieve the higher level of effluent
treatment attainable on the re-development of parcels. Set a benchmark for
systems using new technology to less than 5 mg/L of nitrogen located within
the Town.
3.5.7.7 Consider approaching New York State to implement a Personal Income Tax
Credit for replacement of a failed cesspool or septic system modeled after
The State of Massachusetts Program.
3.5.8. Encourage new marina uses to participate in the National Oceanic and Atmospheric
Administration (NOAA) Clean Marina Initiative.
The Clean Marina Initiative is a voluntary, benefit-based program promoted by
NOAA and others that encourages marina operators and recreational boaters to
protect coastal water quality by engaging in environmentally sound operating and
maintenance procedures. Marinas that participate in the Clean Marina Program are
recognized for their environmental stewardship.
Responsible Parties: Southold Town Board, Town of Southold Planning Department, Town of
Southold Board of Trustees, Town of Southold Agricultural Advisory Committee
Possible Partnerships: Town of Southold Stormwater Committee, Suffolk County Water Authority,
Suffolk County Department of Health, New York State Department of Environmental Conservation,
National Oceanic and Atmosphere Association, U. S. Environmental Protection Agency and other
non-governmental agencies
Goal 4. Watershed Management
The Town is comprised of distinct watersheds. Historically, the Town has addressed land use
challenges as they occurred within each watershed; however, in recent years a proactive approach to
assess the impacts of development in each watershed has been implemented. The Town will continue
to model, map, and plan each watershed to improve knowledge of existing conditions in each
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watershed and develop a framework for pragmatic decision-making to address land use challenges.
Within each watershed/sub-watershed the Town will also continue to delineate and map sewersheds
(an area where stormwater enters one of the Town’s stormwater control structures) to comply with
New York State MS4 requirements.
Objectives
4.1. Update and conduct a needs analysis on the recommendations made in the Mattituck
Watershed Study (2009).
Due to the age of the study, it is recommended that a needs analysis be conducted on the
recommendations included in the plan to determine applicability and create updated
implementation strategies.
4.2. Continue to implement the Goldsmith Inlet, Hashamomuck Pond, and Jockey, Town,
Goose and Richmond Creeks Watershed and Sub-watershed Management Plans.
The Town has partnered with the local citizens, Suffolk County, and New York State to fund,
assess, plan, and implement a restoration plan that addresses water quality, invasive species,
sedimentation, and debris within Goldsmiths Inlet.
In addition, the Town has partnered with the PEP and New York State to create a Subwatershed
Management Plan for Hashamomuck Pond. In 2011/2012, three stormwater retrofit projects
were constructed to mitigate stormwater impacts to the water body under this plan. The Town
will continue to implement the plan and address stormwater control and water quality issues in
the watershed.
4.3. Develop Watershed Management Plans for all remaining watersheds.
4.3.1 Form a Watershed Planning Management Team.
The tasks necessary to manage watersheds are complex ranging from land use
planning to engineering and community involvement. It is recommended that the
Town Board identify a core team and on-going management structure that will
oversee watershed plan implementation and tracking, and indicate how stakeholders
and partners will be involved.
4.4. Limit the potential for adverse cumulative impacts of watershed development on water
quality and quantity.
Protect water quality by ensuring that proposed expansion or intensification of existing
watershed development results in:
1. Protection of areas that provide important water quality benefits;
2. Maintenance of natural characteristics of drainage systems, and
3. Protection of areas particularly susceptible to erosion and sediment loss.
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Responsible Parties: Southold Town Board, Town of Southold Planning Department, Watershed
Planning Management Team
Possible Partnerships: Town of Southold Land Preservation Department, National Oceanic and
Atmosphere Association, U. S. Environmental Protection Agency and other non-governmental agencies
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Goal 5. Freshwater and Marine Habitats
NYSDEC regulates tidal and freshwater wetlands at the state level pursuant to Article 24 and Article 25
of the Environmental Conservation Law. In addition to State regulations, some of Southold’s wetlands
are protected under the Federal Clean Water Act, Riverhead Harbors Act of 1899, the U.S. Army Corps
of Engineers (USACE) Title 33, U.S. Environmental Protection Agency, Section 404 Permit Program.
These wetlands have been identified in the National Wetlands Inventory and can include wetlands as
small as one acre. The federal wetlands are defined by three criteria: type of vegetation, period of
inundation, and presence of hydric soils, whereas the state-designated wetlands are defined by vegetation
only. More information on the Town’s classification of wetlands can be found in Appendix 4. In
2002–2003 the Town Planning Office mapped both tidal and freshwater wetlands in the Town (see
Figure 6.4).
Figure 6.4. Southold Town: Tidal and Freshwater Wetlands
Any proposed development activities near these wetland systems require permits from both the
NYSDEC Bureau of Environmental Protection (for freshwater wetlands) and the Southold Board of
Trustees.
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Objectives
5.1. Identify, protect and enhance quality of coastal habitats.
Wetlands within Southold Town are critical natural resources that provide benefits including
open space, habitat for fish and wildlife, water quality enhancement, flooding and erosion
protection, scenic value, and opportunities for environmental education. Over the years, many
wetland areas have been lost or impaired by degradation or functional loss.
Wetlands and their benefits are also dependent on the condition of adjacent lands that provide
buffers between wetlands and surrounding uses. Large areas of adjacent lands that previously
provided a buffer for wetlands have been physically lost to development or functionally lost
through changes in land use, including inappropriate or incompatible landscaping. These
losses and impairments to the wetlands and their functions cumulatively have impacted the
Town’s ecosystem.
Protecting and improving the remaining tidal and freshwater wetlands and restoring lost or
impaired wetlands are the most appropriate ways to achieve an increase in quality and quantity
of wetlands. Historical losses and alterations, which have occurred in many locations in
Southold, present numerous opportunities for restoration.
In addition to protecting and improving the Town's wetlands, adjacent lands that provide
buffers to wetlands must be maintained and enhanced, and where appropriate, re-established.
These buffers are necessary to ensure the long-term viability of the Town's wetlands. Where
these lands are in private ownership, educating residential owners as to the long-term benefits
of compatible land use and landscaping techniques will be essential to maintaining the
ecological health of some wetland areas.
The Town recognizes the value of wetlands to its ecosystem, its economy, and its aesthetic
character. It also recognizes that federal and state regulations concerning wetlands do not
fully cover local conditions, and in some cases, are less restrictive than local regulations. The
Town Board of Trustees has local expertise in the management of the Town’s wetlands and
in this capacity espouses a “no net loss” of wetlands policy, as advocated by NYSDEC’s
LWRP.
5.1.1. Continue to identify and protect environmentally sensitive wetland and coastal resources,
including marine habitats and species on Fishers Island and surrounding waters.
5.1.2. Develop Harbor Management Plans for town water bodies, update Fishers Island West
Harbor Management Plan.
5.2. Protect tidal and freshwater wetland habitats.
5.2.1. Continue to achieve a “no net loss” policy of tidal and freshwater wetlands.
Since 2002, tidal and freshwater wetlands have been mapped at the town level. It is
recommended that the wetland map be updated to the greatest extent practicable and
that the Town Board and Board of Trustees adopt a “no net loss” of wetland systems.
No net loss is a mitigation policy goal aiming to prevent and offset the destruction or
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degradation of wetlands. Under this policy, wetlands currently in existence should be
conserved if possible through a coordinated effort of:
wetlands protection;
creation of new wetlands
restoration, enhancement, and management; and
education, research, and information.
This policy would apply to the jurisdictional boundary of a wetland system itself,
exclusive of the regulatory buffers.
5.2.2. Develop “Dredging and Spoil Deposition Guidelines” to prioritize and dredge town
inlets to allow for critical tidal flushing of water bodies and habitat restoration.
Dredging of water bodies is a necessary event for many of the creeks/harbors to
improve access and sustain marine uses that support the local economy. Responsible
dredging is also necessary to support ecological processes in estuarine environments.
Dredging in Southold Town is overseen by USACE, NYSDEC and accomplished in
partnership with Suffolk County Department of Public Works (SCDPW). The timing
of dredging for most of the Town’s water bodies revolves around winter flounder
spawning and shorebird migration. Dredging can be conducted when the species have
migrated south, usually between September 15 and December 15. The dates are
established by NYSDEC for the water bodies.
Dredging in areas not maintained by the federal government or SCDPW must be
performed through private contracts. Generally, homeowners’ associations or other
private individuals retain private contractors to perform the dredging. All dredging
actions require approval from the Board of Trustees through the issuance of a permit
pursuant to Chapter 275 of the Town Code in addition to applicable state and federal
permits.
In response to unsuccessful dredging requests made to NYSDEC and USACE, the
Town Board established the Dredging Advisory Committee in 2012 to monitor the
process of dredging applications by and to other government entities relative to
waterways within the Town and report to the Town Board and Southold Board of
Trustees the status of such applications. It is recommended that Dredging and Spoil
Deposition Guidelines be developed taking into account available information e.g., the
Dredge Site Habitat Assessment (2012) conducted by the Group for the East End.
5.2.3. Work with SCDPW, NYSDEC and USACE to achieve a more streamlined process
for dredging applications.
5.2.4. Support efforts that study the positive and negative impacts of dredging on marine
species.
5.2.5. Support efforts that study the positive and negative impacts of the placement of
dredge spoil on shorebird species e.g., slope of dredge spoil on beach.
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5.2.6. Protect water quality of coastal waters from adverse impacts associated with
excavation, fill, dredging, and disposal of dredged material.
5.2.7. Work with USEPA, USACE, New York State and other involved parties to
immediately cease the dumping of dredge spoil in Long Island Sound/Fishers Island
Sound, specifically at the New London and Cornfield Shoals sites.
5.2.8. Provide adequate buffers (in width and composition) between wetlands and land
uses and activities to ensure protection of the wetland's water quality, functions, and
values.
Vegetated buffers located adjacent to wetlands provide water quality protection and
groundwater recharge, reduce amount and velocity of run-off, provide flood and storm
surge protection, and wildlife habitat. Vegetated buffer widths from 50 to 100 feet are
typically recommended to protect water quality and buffers widths of 100 to 350 feet
or more are recommended to provide important wildlife functions.
Buffer widths as proposed in Appendix 4 assumes that a buffer is vegetated with a
native plant community necessary to provide adequate buffer functions. If a buffer
(existing or otherwise) is unvegetated, sparsely vegetated, or dominated by invasive
species, the buffer should be enhanced with appropriate native species or widened. It
is important to note that improving buffer vegetation (species composition and
percent cover) is more effective in maintaining and/or enhancing buffer values and
functions than widening the buffer. Consequently, the concept of reducing buffer
widths in exchange for enhancement through the planting of native vegetation is
supported by the best available science and is the most practicable approach for the
Town based on the many smaller lots that occur along our shorelines. Recognize,
however, that buffers should be designed to achieve the highest level of effectiveness
while conforming to the limitations of parcel configuration and use.
5.2.8.1 Design and establish new buffers using existing vegetation (in its
natural state) wherever possible, while allowing for appropriate
maintenance. Where no vegetation exists, require re-vegetation of a
buffer area with native, drought-tolerant vegetation.
5.2.8.2 Restore degraded buffers through the re-establishment of native,
drought-tolerant vegetation.
5.2.8.3 Maintain densely vegetated buffers to achieve high filtration of
surface runoff.
5.2.8.4 Provide adequate buffers (in width and composition) to abate storm
surge resulting from hurricane/storm events.
5.2.8.5 Amend buffer definitions in the Southold Town Code to achieve
consistency between Chapters 275 Wetlands and Shorelines and Chapter
268 Coastal Consistency Review and establish minimum design standards.
5.2.8.6 Partner with local institutions to develop optimum buffer designs to
achieve the highest effectiveness practicable.
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Incorporate a fecal coliform bacteria sand trap in buffer design
coupled with high-density vegetation.
Incorporate in buffers drought-tolerant, vegetation that waterfowl
do not eat.
5.2.8.7. Exempt residential actions from LWRP coastal consistency review
that include minimum wetland buffer widths in design, as indicated
in Appendix 4.
5.3. Restore tidal and freshwater wetlands habitats to foster their continued existence as
natural systems.
The wetlands in Southold Town have experienced and continue to experience impacts from human
disturbance. This includes construction of docks and bulkheading, filling and dredging, removal of
vegetation, impacts from adjacent land uses, and impacts resulting from recreational activities, such as
fishing, hunting, and boating. The degree of impact depends on the nature and scale of human
interactions within or adjacent to the wetlands (LWRP).
5.3.1 Restore former wetlands in areas adjacent or contiguous to the site according to the
following priorities:
5.3.1.1. Where restoration of former wetlands in areas adjacent or contiguous to the
site is not appropriate or practicable, restore former wetlands in close physical
proximity and in the same watershed, to the extent possible.
5.3.1.2. Where restoration of former wetlands is not appropriate or practicable, create
new wetlands in suitable locations as determined by sediment, exposure,
shoreline characteristics, and water regime; include consideration of loss of
resource values that may exist at the mitigation site.
5.3.1.3. Where wetlands are restored or wetlands created:
Provide equivalent or greater area of mitigation wetland. Base the actual area
of wetland provided on the following factors: characteristics of the mitigation
site, proposed wetland creation or restoration methods and designs, and
quality of the wetland restored or created relative to the wetland lost.
Provide equivalent or greater value or benefit to that of the wetland area lost,
as defined by class of freshwater wetland, as ranked in 6 New York Codes,
Rules, and Regulations (NYCRR) Part 664 or, tidal wetland zones, as
described in 6 NYCRR Part 661.
A lesser area of mitigation wetland may be allowed in cases where the
mitigation wetland and its benefits would clearly be a greater value than the
wetland lost.
Guarantee success of the compensatory mitigation. Wetland mitigation is
considered successful if functional attributes of the wetland have been
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reached and maintained, including a plant density that approaches the design
density.
When a series of small, unavoidable wetland losses requires mitigation,
combine mitigation projects to create larger contiguous wetland areas
whenever the resulting ecological value would be greater than that achieved
through pursuing discrete, separate efforts.
5.4. Promote sustainable use of marine habitats and resources in Southold Town.
5.4.1. Zone marine underwater lands to insure ecological quality and sustainability of public
underwater lands and waters.
5.4.2. Preserve ecological quality and public access to lands and waters by managing private
docks in Peconic Bay and Gardiners Bay.
Private docks that extend into and over public waters hinder and impede public access to
waters and along the shoreline. Navigational hazards could also result from docks.
Correspondingly, adverse ecological impacts that may occur from private docks include
loss of seagrass (Fishers Island) and degradation of water quality.
The Town’s goals and policies support the long-term protection with consideration of the
economic and cultural associations afforded by Peconic Bay and Gardiners Bay.
Additionally, they reflect existing laws and authority regarding development and
environmental protection. Taken together, these goals and policies and their associated
standards are used to determine the appropriate balance between development and
preservation that will prevent adverse effects on Southold's coastal resources. The Town
can further these policies through the adoption of technical design standards that prohibit
and/or manage the dock structures within these sensitive public areas. Correspondingly,
with any effort to minimize impacts from dock structures, it is strongly recommended that
the Town develop a Mooring Management Plan for affected waters.
5.4.3. Preserve ecological quality of public lands and waters by reducing the density of future
dock structures in town creeks and/or water bodies through the establishment of common
easements and common docks.
5.4.4. Mitigate impacts to public lands and waters through the establishment of a bottomlands
lease fee (e.g., in five-year intervals) for docks located on town bottomlands. Use fees to
establish shellfish spawning sanctuaries/seeding programs and habitat restoration.
5.4.5. Manage the number of future permanent docks in town creeks using alternative and
seasonal moorings.
5.4.6. Amend the Fisher Islands Harbor Management Plan and Chapter 157 Harbor Management
of the Southold Town Code to afford better protection of marine water quality and give
the Fishers Island Harbor Committee better tools with which to implement the plan.
Responsible Parties: Southold Town Board, Southold Board of Trustees, Southold Planning
Board, Fishers Island Harbor Committee, Dredging Advisory Committee
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Possible Partnerships: Town of Southold Conservation Advisory Council, Southold Zoning Board
of Appeals, Town Committees, Southold Town Economic Development Committee, Southold Land
Preservation Department and Committee, New York State Department of Environmental Protection,
U.S. Fish and Wildlife Service, Suffolk County Department of Public Works and other non-
governmental agencies
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Land Resources
Goal 1. Protect soils and geologic features
Objectives
1.1. Protect agricultural soils from conversion to other land uses.
The historic development patterns of the Town evolved around the vast areas of prime agricultural
soils and environmentally sensitive soils. Historically, residential and commercial development
patterns were clustered in the hamlet centers and adjacent to water bodies, allowing for large
contiguous areas of farmland. As the population increased, residential and commercial development
began to sprawl from the hamlet centers to areas along the main roadways and areas within the
watersheds. This expansion, coupled with improved farming technologies, allowed higher crop yields
on less acreage resulting in more efficient and smaller farms. Beginning in the late 19th century and
continuing to the present, there has been increasing demand for land to build seasonal homes.
Farmland was converted to residential uses, which gradually reduced the amount of agricultural soils.
Soil conservation practices are imperative if the Town’s agricultural uses dependent upon quality soils
are to be continued.
The Soil Survey of Suffolk County, New York (Warner et al., 1975) maps and describes soil types
found in the Town.5 Soils are classified by similar characteristics into soil series, which are in turn
grouped into associations. Dominant soil associations within Southold Town include Carver-
Plymouth-Riverhead, Haven-Riverhead, and Duneland-Tidal Marsh-Beach Association soils. Soil
capability groups, as defined in the 1975 Soil Survey, are used to identify prime agricultural soils and
soils of Statewide Importance within Southold.
The group identified as Prime Agricultural Soils includes soils with Land Capability Class I and II
meaning they have the best combination of physical and chemical properties for the production of
crops. Soils included in these classes are:
Haven loam, 0 to 2 percent slopes, (HaA) - Capability Unit I-1
Haven loam, 2 to 6 percent slopes, (HaB) - Capability Unit IIe-1
Haven loam, thick surface layer - Capability Unit IIw-2
Plymouth loamy sand, silty substratum, 0 to 3 percent slopes, (PsA) - Capability Unit IIs-1
Riverhead sandy loam, 0 to 3 percent slopes (RdA) - Capability Unit IIs-1
Riverhead sandy loam, 3 to 8 percent slopes (RdB) - Capability Unit IIe-2
Scio silt loam, till substratum, 2 to 6 percent slopes (ScB) - Capability Unit IIe-1
Scio silt loam, sandy substratum, 0 to 2 percent slopes(SdA) - Capability Unit IIw-1
Scio silt loam, sandy substratum, 2 to 6 percent slopes (SdB) - Capability Unit IIe-1
Sudsbury sandy loam (Su) - Capability Unit IIw-1
5 See https://www.nrcs.usda.gov/Internet/FSE_MANUSCRIPTS/new_york/suffolkNY1975/suffolk.pdf.
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Soils of Statewide Importance include soils in land capability class II and III that do not meet the
criteria as Prime Farmland soils. These soils can produce high yields of crops when managed.
1.1.1. Continue to preserve Prime Agricultural Soils and Soils of Statewide Importance for
agricultural purposes through land preservation tools.
The preservation of important agricultural soils through the purchase of development rights
has been very successful. In most situations, the soils that comprise the property remain intact
and continue to be farmed. This program preserves the soils by preventing development other
than agriculture from occurring on the parcel.
1.1.2. Continue to preserve Prime Agricultural Soils and Soils of Statewide Importance through
the development design process.
1.1.2.1. Reduce the loss of Prime Agricultural Soils and Soils of Statewide
Importance to development through clustering of residential density.
Through the subdivision design process of clustering, a land use tool that allows
the Planning Board to cluster residential lots to a specified area, the Town
attempts to avoid areas of prime agricultural soils when locating residential lots.
Nevertheless, the subdivision of land still contributes to the incremental loss of
viable agricultural soils.
1.1.2.2. Avoid Prime Agricultural Soils and Soils of Statewide Importance in
development to achieve large contiguous assemblages.
1.1.3. Expand uses on Prime Agricultural Soils and Soils of Statewide Importance that
will not decrease the productivity of such soils.
The preservation of prime agricultural soils in Southold has been largely attributed to
the continued practice of farming; however, the conversion of prime agricultural
soils to development continues to remain a challenge. As farming practices evolve,
the Town must adapt and expand the types of permitted uses and opportunities on
farmland to promote the continued use of prime agricultural soils by farmers (see
Chapter 9, “Agriculture,” for related information).
1.2. Avoid environmentally sensitive soils in the development design process.
In addition to prime agricultural soils, the Town also contains environmentally sensitive soils typically
associated with wetlands and tidal marsh areas. These soils are comprised of 10 soil groups including
Atsion, Berryland, Canadice Silt Loam, Muck, Raynham, Scio, Sudbury, Walpole, Wareham, and Tidal
Marsh Soils. These soil types have characteristically seasonal high water tables that are indicative of
wetland and tidal marsh areas. Large areas of these soils occur in Orient and Greenport. They pose
numerous problems when developed, including sanitary system failure and flooding. Development of
these areas should be avoided.
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1.3. Continue to work with the Natural Resource Conservation Service in soil conservation
practices.
The Planning Board can request a Soil and Water Conservation Plan for subdivisions and other actions
clearing equal to or greater than 10 acres. To accomplish this at little cost to the applicant, the Board
refers applicants to the Natural Resource Conservation Service.
1.4. Preserve the unique geologic features of the Town through avoidance and/or
minimization of impacts from development and natural disasters.
Geologic features of the Town include protected natural features such as beaches (including large
boulders), bluffs and dunes, and unregulated, but important, natural features such as soils. These features
are threatened on a daily basis from storms, flooding, wind, and erosion. Development of uplands also
contributes to loss of these features.
The glacial outwash plain, which makes up approximately 90 percent of the Town's land area, lies directly
south of the northern coastal bluffs. This outwash plain has an average elevation of 50 feet above mean
sea level and is characterized by low hills and gentle slopes.
Wet, low-lying lands are prevalent adjacent to nearly every creek, inlet and pond within the Town. In
addition, three significant freshwater bodies - Marratooka Lake, Laurel Lake and Great Pond, lie within
the Town's coastal area. Saltwater wetlands are prevalent along the edge of Long Beach Bay, the Orient
Causeway, and Hashamomuck Pond. Numerous, small, freshwater ponds and wetlands are found
behind the bluffs along Long Island Sound from Mattituck to Orient.
Fishers Island, Robins Island, and Plum Island are all the products of the same glacial history as mainland
Southold. All are characterized by irregular topography and steep bluffs. Robins Island has inland
elevations of up to 80 feet and steep 60-foot bluffs along 75 percent of its coastline. In comparison,
Fishers Island is more than seven times as large as Robins Island, and has inland elevations of up to 117
feet, with frequent stretches of steep bluff. The central portion of Fishers Island contains four significant
freshwater ponds as well as large expanses of wet, low-lying land (LWRP). Plum Island, with a maximum
elevation of 101 feet, contains bluffs, beaches, dunes, and low-lying wetland areas.
1.4.1 Avoid significant geologic features through the development design process.
In addition to the State and local regulations that protect protective natural features (beaches,
bluffs and dunes) the Town has adopted a design process that strives to avoid geologic features
through the clustering of homes in the subdivision design process.
1.4.2 Engineer solutions to protect significant geologic features from loss due to erosion resulting
from natural disasters.
Erosion is a natural process; however, the unique geologic features along the coastline such as
beaches, bluffs, interdunal swales, and primary and secondary dune systems provide vital
protection to structures from storm surge events. In recent years, the intensity of such storms
has increased, causing accelerated rates of erosion and loss of the Town’s infrastructure and
private property. These threats have prompted the Town’s resource management approach to
adapt, shifting ideology from reducing areas of hardened shorelines to the need to harden
shorelines in critical areas to protect property. The engineering and materials used to harden
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shorelines has also shifted, focusing on natural materials (boulders or a mix of boulders and
vegetation) that are less likely to fail in high-energy storms. The Town will support the design
and development of alternative, natural, erosion control structures to mitigate erosion.
Responsible Parties: Southold Planning Board, Southold Board of Trustees
Possible Partnerships: Suffolk County Soil and Water Conservation Service, Town of Southold Land
Preservation Department and Committee, Town of Southold Conservation Advisory Council, New
York State Department of Environmental Conservation and U.S. Army Corps of Engineers
Goal 2. Protect upland habitats and trees
Objectives
2.1. Preserve and manage the Town’s grasslands, old field, and woodlands habitats to achieve
the highest ecological quality and species diversity.
Southold’s diverse upland communities can be generally grouped as:
Woodlands (Mixed Hardwood, Pine, Maritime)
Agricultural Fields
Old Field/Grasslands
Maritime Habitats (Grasslands, Dunes)
The challenges of managing upland habitats include managing user groups, habitat, and wildlife
management to deter nuisance animals (deer, geese) and invasive species, sustaining recreation
uses, conserving strategic habitat complexes to support protected species, and protecting upland
areas for groundwater recharge and water quality buffers.
2.2 Protect and restore upland habitat ecological quality by adhering to the following
measures:
2.2.1. Retain and add indigenous plants to maintain and restore values of upland ecological
communities.
2.2.2. Protect existing indigenous plants from loss or disturbance to the extent practical.
2.2.2.1. Include use of suitable indigenous plants in the landscaping plans for new
development and in redevelopment projects where loss or disturbance of
existing indigenous plants could not be prevented during construction.
2.2.2.2. Avoid fragmentation of upland ecological communities and maintain corridors
to facilitate the free exchange of biological resources within and among
communities.
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Each individual resource area should be maintained as complete contiguous
areas to protect the area's natural resource values. Specifically, actions that
would fragment the upland ecological community into separate ecological
islands should be avoided.
Where fragmentation of upland ecological communities has already occurred,
the adverse effects of fragmentation can be mitigated by maintaining or
providing connecting corridors to allow the exchange of biological resources.
2.2.3. Avoid permanent adverse change to ecological processes that provide values to the
residents of the Town and the region. Examples of the natural processes that need
to be protected are:
Clean recharge of stormwater to the aquifers and surface waters.
Natural storm and flood mitigation by maintaining the floodplain and tidal
wetlands in the natural state.
Maintenance of breeding, nesting, and foraging habitat for wildlife and fish.
2.2.4. Reduce adverse impacts on upland habitats due to development.
2.2.5. Mitigate impacts of new development where avoidance of impacts is not practicable.
Mitigation includes:
1. Avoidance of potential adverse impacts, including:
a. avoiding ecologically sensitive areas;
b. scheduling activities to avoid vulnerable periods in life cycles
or the creation of unfavorable environmental conditions; and
c. preventing fragmentation of intact upland habitat areas.
2. Minimization of unavoidable potential adverse impacts, including:
a. reducing scale or intensity of use or development;
b. designing projects to result in the least amount of potential
adverse impact; and
c. choosing alternative actions or methods that would lessen
potential impact.
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3. Specific measures designed to protect habitat values from impacts that
cannot be sufficiently avoided or minimized to prevent habitat
destruction or significant habitat impairment.
2.2.6. Develop a Stewardship Management Plan for native warm season grasslands on
Town-owned land on Fishers Island.
Fort Wright Parade Ground and Airport Property on Fishers Island encompasses 65 acres
and contains the largest assemblage of warm season grasslands within the Town, a rare
habitat. It is recommended that the Town work with the Fishers Island Conservancy,
Habitat Committee, and Fishers Island Ferry District, to incorporate the latest science in
further stewardship of the area.
The Ferry District adopted a three-year plan with the following objectives: (i) restoring a
grassland habitat that can be managed in a cost-effective way; (ii) increasing the safety of
the Airport and Parade Ground by improving aircraft visibility and controlling access to
airport runways and Fort Wright concrete structures; and (iii) increasing public access to
the improved habitat by enlarging the walking path system throughout the Parade Ground
and creating direct access to Race Point.
2.2.7. Develop Stewardship Management Plans for Town Open Space properties that
incorporate these objectives (see Chapter 10, “Land Preservation,” for related
information).
2.3. Preserve and manage individual trees by adopting a Tree Preservation Local Law for the
purposes of protecting historic, significant, and scenic trees important to the
community.
The woodlands and trees of the Town are valuable. Around the turn of the century, clearing of
woodland areas to allow for farming resulted in the loss of many trees. Additional loss occurs
from storms, development, and disease. The preservation of existing trees occurs through the
purchase of open space, and new street trees are planted through the work of the Southold
Town Tree Committee and Planning Board.
The woodlands and trees of the Town are managed by numerous boards, departments, and
committees. The Town Code currently contains regulations to prevent the clearing of woodlands
and individual trees in numerous sections. The Town of Southold Tree Committee (est. 1987)
manages trees on streets and on public grounds and administers the Commemorative Tree
Program. The Committee also works to increase awareness of the importance of trees and
proper tree care.
In response to residents’ complaints regarding the trimming and removal of trees by the
electrical utility company, in 2006, the Town worked with the utility to develop and adopted a
tree-trimming notification protocol to prevent the clearing of significant street trees. The Town
of Southold Tree Committee is actively involved in the management of the Authority’s efforts
to keep electrical wires free from tree limbs.
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2.3.1. Continue to incorporate existing woodlands and/or individual trees as natural/non-
disturbance buffers adjacent to wetlands and water bodies.
Chapters 240 Subdivision of Land and 280 Zoning establish processes to protect
woodlands and tree species during the design of subdivisions and site plans. During
the subdivision application process, an Existing Resources Site Analysis Plan (ERSAP)
is required. The purpose of the ERSAP is to map existing land features including
vegetative types, general cover type, isolated significant trees with a diameter breast
height (DBH) in excess of 18 inches, and the canopy line of existing trees and
woodlands. Site plans are required to show large, significant trees. The features are
then managed and or preserved through avoidance and/or mitigation in design.
2.3.2. Develop a tree mitigation bank managed by the Southold Town Tree Committee to
allow for donations of trees and/or money for trees to be planted.
Town Code currently requires trees to be planted along streets in new subdivisions
and around new parking lots. In numerous cases, the Planning Board will accept
existing trees on site in lieu of requiring the planting of new trees. Correspondingly, in
areas where trees might be counter-productive, e.g. in agricultural areas, street tree
requirements are often waived. Discussions have occurred to establish a tree bank to
relocate trees rather that waive the requirement entirely. The primary purpose of the
bank would be to replace street trees in hamlet areas and along public roads.
2.3.3. Strengthen the tree-trimming coordination process between the Southold Tree
Committee and NYSDOT, SCDPW, and the Long Island Power Authority to better
manage tree-trimming projects and/or the replacement of trees removed along public
roadways.
2.3.4. Implement a Native Oak and American Beech Tree Re-planting Program.
These tree species are critical for wildlife use and improved biodiversity.
2.4. Update the tree list in the Town Code to include native, drought-tolerant species.
The planting of street trees is required for every new road created. The Town Code’s highway
specifications section lists the 10 species of trees that are acceptable. This list must be updated to
eliminate non-native species, notably the Norway maple. The New York State of Environmental
Protection Interim List of Invasive Plant Species in New York State identifies the Norway maple as
an Invasive Species requiring management (control and eradication). This list should also be reviewed
to add more native, drought-tolerant species.
Responsible Parties: Town of Southold Planning Department
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Possible Partnerships: Town of Southold Agricultural Advisory Committee, Fishers Island
Conservancy, Town of Southold Tree Committee, Long Island Power Authority, New York State
Department of Environmental Conservation, U. S. Environmental Protection Agency and other non-
governmental agencies
Goal 3. Protect fish and wildlife resources
Southold contains a variety of fish and wildlife resources and the habitats they need to survive,
including species that are important to the economy, e.g., shellfish. The U.S. Fish and Wildlife Service
(USFWS) and NYSDEC are the two primary wildlife management entities that manage wildlife in the
Town. The USFWS establishes and maintains the protected species lists and provides many strategies
and programs to manage wildlife. The NYSDEC manages wildlife under the New York State Fish and
Wildlife Management Act that was passed by the Legislature in 1957 for two major purposes:
1) to encourage the preservation and development of fish and wildlife resources on privately
owned lands and waters, and
2) to improve public recreational access to these resources.
Both organizations strive to protect the biodiversity of the region, which includes all of the different
species of animals, plants, fungi, and even microorganisms living in the state.
The most significant threats to New York's biodiversity include:
habitat destruction, alteration, and fragmentation;
the spread of invasive species;
pollution;
illegal collection of native species; and
climate change.
Locally, the Town’s biodiversity faces similar challenges. While pollution has been greatly reduced,
pesticides and fertilizers still alter the chemical balance of our ground and surface waters to the
detriment of fish and other aquatic life. On land, insect pollinators (many species of bees and
butterflies) critical to crop production have also suffered a decline in populations due pesticides and
loss of natural habitat (e.g., development and excessive deer herbivory).
In the marine environment, scientists have indicated that warming trends of surface waters have led
to the decline of eelgrass beds that previously thrived in Peconic Bay and the Long Island Sound.
Climate change is also expected to cause certain species to shift their ranges, with species that cannot
move or adapt becoming extinct.
The spread of invasive non-native species has dramatically changed the composition of habitats and
wildlife, often reducing or replacing native species populations and decreasing wildlife that relied on
the habitats for food and shelter. One of the most aggressive invasive species in Town is the common
reed (Phragmites spp.) which often encircles freshwater and brackish systems. The plant is capable of
growing into dense monocultures shading out native vegetation.
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As the Town’s human population increases and wildlife habitat decreases, the need to manage fish
and wildlife will become increasingly evident. Wildlife management in the Town is accomplished by
several departments and individuals involved in different management approaches. The most
successful approach is the acquisition of open space lands to protect quality habitat from destruction.
Preventing the development of habitat and the protection of vulnerable species will continue to be a
priority of the Town.
On certain Town- and State-owned lands and waters, the Town is active in habitat and species
restoration efforts, including funding shellfish restoration efforts, supporting eelgrass protection and
restoration efforts, and developing Natural Resource Stewardship Management Plans.
Correspondingly, the Town is focusing on managing user groups on Town-owned lands and
controlling nuisance species and invasive species to protect remaining habitats.
Objectives
3.1. Protect and manage sustainable fisheries habitats.
Maintaining a sustainable fishing industry within town waters has become more difficult due to
pollution, theft, and inequitable catch limits that vary from state to state.
3.1.1. Develop a Regional Habitat and Fisheries Management Plan to ensure that commercial
and recreational uses of living marine resources in Southold are managed in a manner
that accomplishes the following:
places primary importance on maintaining the long-term health and abundance of
marine fisheries;
results in sustained useable abundance and diversity of the marine resource;
does not interfere with population and habitat maintenance and restoration efforts;
uses best available scientific information in managing the resource;
minimizes waste and reduces discard mortality of marine fishery resources,
restricts commercial and recreational activities, including the use of certain gear types,
gear sizes, and practices that have negative impacts on marine habitats; and
encourages water-enhanced and water-dependent economic and recreational activities
without destroying or degrading the natural coastal environment.
3.1.2. Identify areas to establish shellfish spawner sanctuaries in town water bodies to increase
bay scallop (Argopecten irradian) and American oyster (Crassostrea virginica) densities.
A pilot program is recommended in the form of a Town of Southold Spawner Sanctuary
Management Plan for the Peconic Bay scallop or American oyster and located in
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Hallocks Bay, Orient Harbor, Goose Creek, Corey Creek, and Richmond Creek. This
program will also further the goals of the Town’s LWRP and PEP.
Enhancement of shellfish stocks through a strategic network of “no-take” spawner
sanctuaries is essential for effectively restoring Peconic Bay scallops and American
oysters, keystone species of the bay. The sanctuaries will increase the spawning stock
biomass and should increase the fertilization success of the species. In addition, stocking
shellfish is an immediate step toward restoring the planktonic food web and ecosystem
function by increasing the benthic filtering capacity in the bay and creeks.
The results of successful implementation will be long-term habitat improvement,
improved water quality, restoration of ecosystem function, and enhanced commercial
and recreational opportunities.
3.1.3. Continue to fund and support Hard Clam (Mercenaria mercenaria) Seeding Programs.
These programs provide similar benefits to the spawner sanctuaries described above.
3.1.4. Encourage and continue to support existing and future industries related to fishing and
aquaculture, including marine trades, marinas, and marine research, as important
business sectors within the Town’s economy.
3.1.5. Work with NYSDEC to explore the installation of an artificial reef to increase
commercial fishing productivity.
3.1.6. Work with NYSDEC to develop alternative shoreline hardening systems to achieve less
failure and wood debris in marine environments following hurricane/storm events.
3.1.7. Work with NYSDEC and develop partnerships to establish Seagrass Management Areas
and Management Plans that sustain remaining eelgrass (Zostera marina) meadows and
support successful seagrass restoration.
3.2. Protect vulnerable fish, wildlife, and plant species, and rare ecological communities.
Vulnerable fish, wildlife, and plant species are those species listed by the State as Endangered,
Threatened, Special Concern, Exploitable Vulnerable, or Rare. These species are protected by
law, and the lists can be found online at the NYSDEC website. The presence of vulnerable
species in Southold is assessed during various surveys, including the Audubon Christmas Bird
Count and numerous surveys by the Suffolk County Cornell Cooperative Extension and others.
The Town’s current development review process analyzes individual parcels for the occurrence
of protected species by coordinating with the New York State Natural Heritage Program. Often,
development areas are designed to avoid potential habitats of vulnerable species.
3.2.1. Work with federal, state, and county agencies to designate portions of Plum Island, Little
Gull Island, and Great Gull Island as a wildlife protection/conservation area for their
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potential to contain vulnerable fish, wildlife, and plant species and rare ecological
communities.
3.2.2. Protect vulnerable wildlife species using existing species records and field surveys of
proposed development sites, at the appropriate times, for the presence of listed species
or conditions that meet their habitat requirements:
Continue to support and broaden the Sea/Shore Bird Monitoring Program using
qualified organizations.
Currently, the Town subcontracts with a local qualified organization to monitor
and protect vulnerable sea/shore bird species such as the piping plover
(Charadrius melodus) and tern species.
Ensure large-scale fence installations (e.g., deer fencing) allow for the movement
of vulnerable species including the box turtle and spotted turtle.
The life cycle of many species require seasonal migration to habitats. For
example, the recent large extent of deer fencing installed in many places in
Southold is a cause for concern over potential blockage of turtle migration
routes. Deer fencing should be installed with small openings that would allow
certain vulnerable species through (turtles or others), but still accomplish the
goal of excluding deer.
3.2.3. Protect vulnerable plant species through the review of existing species records and field
surveys of proposed development sites, in the appropriate season, for the presence of
listed species or conditions that meet their habitat requirements.
3.2.4. Restore habitat of critical pollinator species (e.g., bees and butterflies) on town-owned
properties.
3.2.5. Continue to identify, map, and protect rare ecological communities as critical lands.
The New York Natural Heritage Program ranks each community with a global and state
rank based on rarity. The global rank reflects the rarity of the community throughout
the world and the state rank reflects the rarity within New York State. These ranks are
used by the Town to identify and protect biodiversity during the design phase of
development projects, as well as to help target candidate properties for preservation.
Southold Town has begun to identify and map ecological communities to protect the
biodiversity of the Town. A comprehensive mapping project will need to be conducted
to minimize the loss of these communities. The mapping project will include identified
rare ecological communities described in the 2002 draft version of "Ecological
Communities of New York State". This mapping effort will result in better land use
decision making.
3.2.6. Identify, map, and protect additional significant underwater ecological communities as
critical waters.
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Similar to our landmass, our waters contain areas of high ecological significance. Federal,
state, and local governments and agencies have placed numerous legal designations on
our lands and waters to provide land use managers with data that enables better decision-
making. In 1992, USEPA designated the Peconic Estuary as a National Estuary,
recognizing its important ecological significance. Other designations of town waters
include the following:
USFWS Northeast Coastal Areas Study Ecological Complexes
New York State Department of State (NYSDOS) Significant Coastal Fish and
Wildlife Habitat
NYSDEC Critical Environmental Areas
Shellfish Harvest and Seeding Areas
Peconic Estuary Program Critical Natural Resource Areas
Estuary of National Significance (Long Island Sound)
A complete discussion on the meaning of each designation is included in Appendix 4.
3.3. Protect and restore Significant Coastal Fish and Wildlife Habitats.
Southold Town contains 21 Significant Coastal Fish and Wildlife Habitats (SCFWH). These
habitats are indicative of high ecological value. To designate a SCFWH, NYSDEC evaluates the
significance of coastal fish and wildlife habitat areas; then NYSDOS, following a
recommendation from NYSDEC, designates and maps the specific areas. Recent additions to
the program include Pipes Cove (2005) and the Goldsmith Inlet and Beach (2005). Southold
Town recognizes the importance of protecting and enhancing these valuable habitats. A map
showing the areas is included as Figure 6.5. A list of the SCFWHs and their narratives can be
found at the NYSDOS website at the following address:
http://www.dos.ny.gov/communitieswaterfronts/consistency/scfwhabitats.html
3.4. Protect and restore NYSDEC Critical Environmental Areas.
Southold Town contains 23 NYSDEC Critical Environmental Areas (CEA). To be designated
as a CEA, an area must have an exceptional or unique character with respect to one or more of
the following:
a benefit or threat to human health;
a natural setting (e.g., fish and wildlife habitat, forest and vegetation, and/or open space
and areas of important aesthetic or scenic quality);
agricultural, social, cultural, historic, archaeological, recreational, or educational values; or
an inherent ecological, geological, or hydrological sensitivity to change that may be
adversely affected by any change.
The designations are important in review of development actions because the State
Environmental Quality Review Act requires that a potential impact on the environmental
characteristics of a CEA must be evaluated. A map showing the locations of CEA and SCFWH
in Southold is included as Figure 6.5. Detailed maps of each CEA and narratives for them can
be accessed at the NYSDEC website at the following address:
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http://www.dec.ny.gov/permits/25153.html
Responsible Parties: Town Planning Department
Possible Partnerships: New York State Department of Environmental Conservation, U.S. Fish and
Wildlife Service, Land Preservation Department, Agricultural Advisory Committee, Stewardship
Committee and other non-governmental agencies
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Figure 6.5. NYSDOS Significant Coastal Habitats and NYSDEC
CEAs.
Goal 4. Monitor and control nuisance species
NYSDEC classifies a Nuisance Animal as “a wild animal that is likely to cause property damage or is
persistent and perceived as an annoyance. If an animal is not causing any concern, for example, it is
simply passing by, is observed only once or twice and does not cause any harm, then it should not be
considered a nuisance”. The department defines a Damaging Animal as “a wild animal that damages
property, for example, digs up your yard, eats your landscape plants or vegetable garden, kills or
threatens your livestock or pets, fouls your lawn, eats the fish in your pond, damages your home, etc.”
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The Town does not regulate the taking of nuisance or damaging animals; however, in 2009, the Town
formed a Deer Management Taskforce to address the serious health and economic consequences of
deer populations.
Objectives
Deer
4.1. Manage Whitetail Deer (Odocoileus virginianus) populations and work with wildlife
management agencies to educate the public on the advantages and disadvantages of deer
populations.
Deer overpopulation is a serious problem in Southold, affecting quality of life, the economy,
and public health. Concerns include loss of crops, landscaping and gardens, collisions with
vehicles, loss of understory in woodlands, and the spread of tick-borne diseases.
In response to these concerns, the Town formed a Deer Management Task Force in 2009 to
develop management practices to address deer overpopulation. The committee implements
programs and services and educates the community on deer-related issues through workshops,
forums, and written publications. The Task Force also works in conjunction with county and
state agencies to develop and co-sponsor programs. The objectives of deer management have
evolved into not only managing the species as a nuisance, but, also as a vector for tick-borne
diseases. One published study has estimated that Lyme Disease alone may cost society over
two billion dollars a year. The Whitetail Deer is the keystone host for the tick that transmits
Lyme Disease.
4.1.1. Provide education to the public on the laws regulating the feeding of deer.
4.2. Work with organizations and property owners to help assess and control ticks and
prevent tick -borne diseases.
Tick populations of Lone Star Ticks (Amblyomma americanum) and Deer Ticks (Ixodes
scapularis), continue to spread. As tick populations increase, so does disease risk. There are
currently 10 known major tick-borne infections in the U.S. that affect humans, most of which
are carried by species of ticks that feed on deer.
Geese
4.3. Manage public properties to achieve a reduction in resident Canada Goose populations.
Canada Geese are a valuable resource that provides recreation to bird watchers and hunters.
But in recent years, gaggles of local-nesting or "resident" geese have become year-round
inhabitants, and cause significant problems to recreation areas, athletic fields, and agriculture
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fields, including crop loss to local farmers (the geese feed on seedlings and cover crops used
to preserve soils outside of the growing season). In addition, large numbers of geese contribute
to water pollution by elevating fecal coliform bacteria in the water body.
The Town’s current policy toward geese on town land is to integrate into Land Management
Plans passive management strategies such as the re-vegetation of areas, which is designed to
deter geese from using the space. Future strategies will likely include additional methods as
research reveals which are most effective.
4.4. Continue to provide education to the public on the advantages and disadvantages of
high-density goose populations.
In 2012, the Town Board passed local legislation prohibiting the feeding of waterfowl on
town-owned properties. The law will assist the Town in controlling resident populations and
assist with the improvement of water quality efforts. A public education notice should be
added to the Town’s website and media channel to disseminate the information contained in
the local law.
4.5. Work with NYSDEC and USFWS to develop a general permit to allow farmers to
conduct controlled year-round hunts on multiple agricultural parcels to prevent crop
and cover crop loss.
Canada Geese, including resident gaggles, are protected by federal and state laws and
regulations. In New York, management responsibility for Canada Geese is shared by USFWS,
the U.S. Department of Agriculture (USDA), and NYSDEC. It is illegal to hunt, kill, sell,
purchase, or possess migratory birds or their parts (feathers, nests, eggs, etc.) except as
permitted by regulations adopted by USFWS and NYSDEC.
The circumstances when federal or state permits are needed to address a problem with Canada
Geese can be complex; however, NYSDEC provides guidelines for allowing the control of
geese by farmers.
Coyote (Fishers Island)
4.6. Work with NYSDEC and USFWS to monitor the Eastern Coyote (Canis latrans) on
Fishers Island
The eastern coyote (Canis latrans) is a medium-sized dog-like animal with long, thick fur and
usually weighing between 35 and 45 pounds. Their diet consists of berries, insects, and small
mammals, including domestic pets. Recently, the animal has been sighted on Fishers Island
and the residents are concerned about their pets and the long-term impacts. It is recommended
that the Town support a monitoring program of the species on Fishers Island.
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Responsible Parties: Town of Southold Department of Public Works, Town of Southold Deer
Management Task Force, Agricultural Advisory Committee, Island Community Board (Fishers
Island)
Possible Partnerships: Fishers Island Conservancy New York State Department of
Environmental Conservation, U.S. Fish and Wildlife Service, Land Preservation Department
Goal 5. Monitor and control invasive species
NYSDEC defines an invasive species as “non-native species that can cause harm to the
environment, the economy or to human health.” Invasive wildlife, insect, and plant species
occur throughout the Town.
Objectives
5.1. Recognize the NYSDEC Mute Swan (Cygnus olor) Research Program.
Mute swans are a non-native, invasive species first brought to this country for their aesthetic
value from Europe in the late 1800s (NYSDEC). They are a protected species under the New
York State Conservation Law. The department is currently conducting research to assess the
impacts of the species on habitats and wildlife to control populations.
5.2. Develop an education program prohibiting the introduction, throwing, dumping,
depositing, or placing invasive species on/in town land and waters.
Invasive species are species that have been introduced into the Town’s habitats (both terrestrial
and aquatic). They are adaptable to ecosystems, and in high densities can cause harm to the
existing environment and native animal and plant populations. NYSDEC identifies invasive
species as the second leading threat to New York State biodiversity.
The Town contains many species of invasive plant species; however, the most problematic are
species with aggressive growth habits that displace native habitats or protected species.
Landowners frequently seek permits to remove the common reed from their properties. On
Fishers Island, residents have become increasingly concerned about the establishment of the
common reed, kudzu (Pueraria lobata) and Japanese knotweed (Polygonum cuspidatum) (Personal
Communication). Mile-a-minute weed (Persicaria perfoliata) is also becoming more prevalent in
Southold.
In addition to terrestrial species, aquatic species have also become problematic, prompting
Suffolk County to pass legislation to prevent the spread of invasive, non-native aquatic plants
and animals. The law prohibits the introduction, throwing, dumping, depositing, and placing of
invasive species in any river, stream, lake, pond, wetland, or stormwater drain, in whatever
capacity and for whatever purpose.
In addition, Suffolk County became the first county in New York State to pass a “Do-Not-Sell
List” in 2007, stopping the sale of invasive plant species. The law is a major move in the fight
Natural Resources & Environment Southold Town Comprehensive Plan Update
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against the spread of these species into our lands and waters. The ban on these species became
effective January 1, 2009. More information on the law, along with the list of banned species,
can be found on Suffolk County’s website.
The Long Island Invasive Species Management Area (LIISMA) website also has more
information on local invasive legislation and the scientific ranking system developed to
determine analytically whether a species is highly invasive (see
http://www.nyis.info/?action=liisma_pages).
5.3. Target the removal of invasive species from Town-owned lands to facilitate the re-
establishment of indigenous community types when a known population of endangered,
threatened, species of special concern, locally rare or unique native species, or ecological
community is directly jeopardized.
On Town-owned properties, the introduction of exotic and invasive plants and animals poses a
clear threat to native species, integrity of the natural communities and biodiversity.
5.4. Encourage Landscaping Best Management Practices to eliminate the use of invasive
species.
5.5. Continue to educate the public about the benefits of using native species in landscaping.
Include a web page on the Town’s website that provides plant species recommended to replace
non-native plant species and support native plant use in landscaping through the development
of a handout of nurseries that sell native plants as a supplement to town applications.
In addition, as mentioned in the Water Quality section, include schematics on the benefits of
varying widths and vegetative compositions of vegetated buffers adjacent to water bodies.
5.6. Work with Cornell Cooperative Extension of Suffolk County and NYSDEC to provide
information on how to control invasive species including Integrated Pest Management
(IPM).
5.6.1 Provide education on the potential impact of the emerald ash borer (Agrilus planipennis)
and Asian longhorned beetle (Anoplophora glabripennis) on trees located within the Town.
One of the most problematic invasive species threatening ash trees in the Town is the
emerald ash borer (EAB), an invasive wood-boring beetle that is native to Asia. The EAB
infests and kills North American ash trees, including green ash (Fraxinus spp). The EAB’s
presence has now been confirmed in seven counties across the state and rapidly spreading.
More information is available at http://www.nyis.info/?action=management.
Similarly, the Asian longhorned beetle is also a threat to trees in the Town. The species
has been found to infest and kill trees such as maples (Acer spp) and elms (Ulmus spp).
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Other species that warrant control are the gypsy moth (Lymantria dispar) and the hemlock
woolly adelgid (Adelges tsugae).
5.7. Support the Cleaner Greener New York Fighting Invasive Species Initiative
Responsible Parties: Southold Town Planning Board, Southold Land Preservation Department and
Committee, Southold Town Department of Public Works
Possible Partnerships: Southold Town Tree Committee, New York State Department of
Environmental Conservation, U.S. Fish and Wildlife Service, Suffolk County Department of Public
Works and other non-governmental agencies.
Goal 6. Adapt to the effects of climate change &
sea level rise
In 2011, the New York State Energy Research and Development Authority (NYSERDA) released
“Responding to Climate Change in New York State: the Climaid integrated assessment for effective
climate change adaptation in New York State (ClimAID),” prepared by Columbia University, the City
University of New York, and Cornell University. The ClimAID report provides information on
climate change impacts and adaptation for eight identified sectors in New York State including; water
resources, coastal zones, ecosystems, agriculture, energy, transportation, telecommunications, and
public health. The report splits the state into seven regions, with Long Island and New York City
being identified as Region 4.
For each region, the report includes observed climate trends and future climate projections. Within
each of the eight sectors, climate risks, vulnerabilities, and adaptation strategies are identified with
integrated themes of equity, environmental justice, and economics. The findings indicate that climate
change will pose significant challenges to land use and natural resources management in the future.
Increases in temperature and extreme heat events (heat waves) are expected to occur and will affect
the drinking water supply, crop ranges, pest populations, and habits of wildlife as well as prompting a
large increase in energy demand. Small changes in precipitation rates, extreme precipitation events,
and increased frequency of warm season droughts are also expected to occur. The report indicates
that heavy downpours have increased over the past 50 years, and the trend is expected to continue.
These downpours cause localized flooding and stormwater runoff, which increases pollutants in
surface waters.
Sea level rise, warming waters, and changes in storm patterns will also likely affect our coastal
dynamics. The Town has adapted to coastal hazards (storms, tidal surges, flooding, and erosion)
throughout time; however, currently an unprecedented high density of residential structures and
infrastructure is located in potential hazard areas. Recent storm events have damaged coastal
residences, natural features, and public infrastructure in areas of the Town. In 2012, Hurricane Sandy
flooded a large majority of the A mapped Federal Emergency Management Agency (FEMA) Flood
Zones, including areas never flooded before in recorded history. The A Zone mapped areas are subject
to inundation by the 1 percent-annual-chance flood event. This event has resulted in a shift in how
the Town approaches the management of development in the coastal zones.
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Correspondingly, the most significant challenge to the Town over the next 100 years will be the
adaption to climate change and sea level rise. In “Climate Adaptation Guidebook for New York
State” (2011), the authors project that Long Island will experience between a 2 to 5 inch rise in sea
level in the 2020s.6 With rapid ice melts due to warming trends, the level could rise to 5 to 10 inches.
This poses a real risk to the low-lying areas and the natural resources within the Town. Home design
and erosion control structures located within these areas will need to be reengineered to adapt to more
frequent flooding events.
Southold Town has participated in some sea-level rise planning during the 2014 update to the Suffolk
County Multi-Jurisdictional Multi-Hazard Mitigation Plan, which contains goals for coastal resilience
specific to Southold. See also Chapter 12, “Natural Hazards,” which contains related goals and
information about planning for sea level rise.
Objectives
6.1. Develop a Coastal Resilience Plan.
6.1.1. Continue to work with NOAA and The Nature Conservancy in the development and
application of the Vulnerability Assessment for Coastal Hazards for the Town including
prioritizing parcels for land protection to help achieve coastal resilience by avoiding
development in high hazard areas including planning for expected impacts from sea level
rise that include:
1. Flooding and storm surge impacts. The Town experienced this impact with
Hurricane Sandy (2012); as noted above; most of the A mapped FEMA Flood Zones
flooded within the Town. Property loss occurred in numerous locations.
2. Saltwater incursion into groundwater aquifers will impact ecological function and the
ability to provide drinking water. As sea level rises and intrudes into groundwater,
wells will fail.
3. Groundwater tables will rise, impacting residences in lower elevations, and flooding
basements and sanitary and drainage systems. This has serious implications for water
quality for both groundwater and coastal bays and estuaries.
4. Vegetation changes are also expected to occur with an increase in saturated soils from
groundwater favoring wetland species over upland species that require drier
conditions. Species composition is also expected to change in the upland habitats
with more fast growing, adaptable species becoming more dominant.
6 Rosenzweig, Cynthia, et al. “Climate Adaptation Guidebook for New York State,” in Responding to Climate
Change in New York State: The Climaid Integrated Assessment for Effective Climate Change Adaptation in New
York State: Final Report. Annals of the New York Academy of Sciences, Vol. 1244. Blackwell Science Publishers,
Osney Mead, Oxford, England: 2011.
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5. Salt marshes will continue to disappear and/or migrate inland with sea level rise. Salt
marshes provide crucial habitat for fish and wildlife, recreation, and act as a buffer to
storm surges. The loss of salt marshes has been well documented by The Nature
Conservancy.
The Town has adopted a proactive approach to prepare for hazards recognizing that
adapting to these threats is unavoidable. Using tools such as the coastal resilience tool
being developed by NOAA and The Nature Conservancy will help town planners
consider projections of where and how rising sea level might impact communities as they
plan for future development.
6.1.2. Continue to implement the goals in the Suffolk County Multi-Jurisdictional Multi-
Hazard Mitigation Plan, which includes goals related to coastal resilience and sea-level
rise specific to Southold.
6.1.3. Identify critical natural defenses to address sea level rise using cost effective natural
solutions.
6.1.3.1. Re-assess taking into account sea level rise impacts the purpose and width of
buffers in Town Code Chapters 275 and Chapter 111.
6.1.3.2. Re-assess the use of traditional, hardscape shoreline structures versus the benefits
of natural, softscape solutions.
Adaptation to coastal hazards has traditionally been undertaken, often
unsuccessfully, using shoreline hardening and engineered defenses. The
engineered approach must adapt to more long-term and natural solutions. The
Nature Conservancy and partners are identifying natural solutions (e.g., green,
grey-green) and improving the science of ecosystem-based adaptation from the
latest research. Natural solutions may help to counter hazard impacts: binding
sediments, attenuating waves, and growing upwards as sea levels rise.
Further discussions on sea level rise and coastal flooding as they relate to public
safety and future land use are included in Chapter 3, “Land Use & Zoning,” and
Chapter 12, “Natural Hazards.”
Responsible Parties: Southold Planning Board
Possible Partnerships: Southold Land Preservation Department and Committee, Southold Town MS4
Committee, New York State Department of Environmental Conservation, Federal Emergency
Management Agency, U.S. Fish and Wildlife Service, Suffolk County Department of Public Works
and other non-governmental agencies
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Goal 7. Conserve energy
Southold has been on the forefront of the alternative energy movement and has made significant
changes to application processes and legislation to integrate renewable energy and energy conservation
measures in the Town.
In 2006, the Town Board created the Southold Renewable and Alternative Energy Committee to make
recommendations regarding renewable and alternative energy policies and investigate federal, state,
and local utility legislation initiatives, incentive programs and grant/loan funding opportunities. The
committee also worked with local businesses and landowners, utility companies, and governmental
entities to establish a proactive approach to integrate renewable and alternative energy into land use
and building design while educating the public about opportunities. In 2007, the Committee drafted
the Small Wind Energy Code permitting wind turbines on agricultural properties greater than seven
acres. In 2010, the Town Board adopted dark skies legislation reducing energy consumption town-
wide. In 2012, the Committee spearheaded a streetlight retrofit/replacement project.
In addition to legislative efforts, the Town has capitalized on numerous funding programs to purchase
alternative fuel vehicles upgrade facilities and equipment, and implement energy conservation
measures. Application processes were also changed; at the direction of the Town Board, the Building
Department developed a fast track permit process for residential and commercial solar installations.
Currently, due to incentive programs and government support, alternative energy has become available
with competitive pricing. The integration of alternative energy uses and cost-saving measures are
progressing within the Town. Correspondingly, the Town continues to position itself to capitalize on
incentive programs and funding to install renewable energy systems on town property.
Objectives
7.1. Continue to improve the energy efficiency of town facilities and fleets.
Several energy upgrades have been made to town buildings in the past. Recently, numerous energy
audits have been completed.
Similarly, significant progress in fleet management has occurred with implementation of the
Fuelmaster Fleet Management System. The system monitors fuel efficiency in vehicles and identifies
which vehicles are inefficient. All of the town vehicles are monitored by the program (except those
located on Fishers Island).
7.1.1 Continue to reduce energy consumption at town facilities.
7.1.2 Continue to improve efficiency of the Town’s vehicle fleet.
i. Continue to replace the Town’s current vehicle fleet with alternative fuel vehicles
and site alternative fueling stations at town facilities.
ii. Find funding to hire a consultant firm to conduct a feasibility study and cost
benefit analysis for the Town to transition to alternative vehicle fleet and siting of
shared alternative fueling stations at town facilities.
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iii. Purchase multiple vehicles of the same type for town fleets to improve
maintenance and repair costs and efficiency.
iv. Consider appointing a part-time fleet manager for all town vehicles.
7.2. Continue to improve the energy efficiency of new construction and remodeling projects.
7.2.1. Improve the energy efficiency of new construction and existing building stock through
building codes, NYSERDA, and utility company energy-efficiency programs including
the New York Energy Star Program and Long Island Green Homes.
7.2.2. Evaluate the Long Island Green Homes Program for Consortium participation.
The Long Island Green Homes Consortium is a cooperative effort of seven Long Island
municipalities. The goal of the Consortium is to reduce energy costs and usage for Long
Island homeowners by helping them get comprehensive home energy audits and make
cost effective energy upgrades to their home. Currently, Southold Town is not a member
of the Consortium.
7.2.3. Maintain the most up to date International Building Codes (IBC) and International
Energy Conservation Code (IECC) and provide training for town staff to implement.
7.3. Minimize reliance upon energy through design and new technologies.
7.3.1.Design subdivisions and site plans for optimum solar orientation and access.
7.3.2.Encourage developers and residents to orient and design structures to achieve optimum
passive solar exposure.
7.3.3.Protect solar access of all property owners through the establishment of adequate setbacks.
7.3.4.Encourage the use of geothermal heating and cooling in structure design.
7.4. Reduce energy consumption through improved communication and collaboration
regarding energy issues.
7.4.1. Provide energy conservation education and awareness in town communications.
Provide energy conservation information on the town website with links to Renewable
Energy Long Island, electric company rebates, Energy Efficiency Programs, Economic
Development Programs (commercial), NYSERDA, and other energy conservation groups
and programs.
7.4.2.Work with utility companies to provide energy conservation promotional materials to
residential and commercial building owners through the Renewable and Alternative
Energy Committee.
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7.4.3.Hold periodic public coordination meetings through the Renewable and Alternative
Energy Committee to keep people informed of the latest programs offered by the utility
companies.
7.5. Expand renewable energy opportunities that provide direct benefit to citizens, while
ensuring quality of life.
7.5.1. Update Chapter 277 Wind Energy Code to address health, safety, and welfare concerns of
citizens.
7.5.2.Amend the Town Code to allow commercial renewable solar energy power generation
projects.
7.5.3.Identify potential parcels for commercial small wind energy systems including parcels on
Fishers Island.
7.5.4.Consider amending the Town Code to expand renewable energy projects for residential
use on parcels greater than 7 acres in size.
7.5.5.Encourage and support renewable energy uses on Plum Island that take into account the
environmental sensitivity and Atlantic Flyway.
7.5.6.Work with the Long Island Solar Energy Industries Association (LISEIA) in the
development of projects.
7.5.7.Capitalize on the electrical utility company’s Clean Solar Initiative Feed-In Tariff (FIT),
New York State's Solar Tax Credit, Federal Tax Incentives, and other incentive programs
for the development of commercial renewable energy infrastructure.
7.6. Protect scenic, natural and cultural resources while planning for the provision of
adequate energy for the future.
7.6.1. Protect scenic qualities important to the community from public vantage points
including New York State Route 25 and Suffolk County Route 48 when locating energy
generating equipment/transmission/facilities. Mitigate adverse impacts through the
following:
supporting innovative designs;
requiring significant vegetative buffering;
requiring large setbacks;
requiring relocation; and
denial.
7.6.2. Protect natural resources and environmental qualities when locating energy generating
equipment/transmission/facilities. Mitigate adverse impacts through the following:
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supporting innovative designs;
requiring significant vegetative buffering;
requiring large setbacks;
requiring relocation; and
denial.
7.6.2.1. Discourage facilities from locating in designated environmentally sensitive
areas.
7.6.2.2. Preclude the potential degradation of coastal resources by locating and
constructing new electric energy generating/equipment/transmission facilities
so that they would not adversely affect:
commercial navigation;
commercial and recreational fishing;
agricultural lands;
designated SCFWHs;
habitats critical to vulnerable fish and wildlife species, vulnerable
plant species, and rare ecological communities;
Important Bird Areas;
the Altantic Flyway;
Wetlands and protected natural features; and
scenic resources (scenic views from State Route 25 and County
Route 48).
7.6.3. Protect historic and cultural resources when locating energy generating equipment/
transmission/facilities. Mitigate adverse impacts through the following:
supporting innovative designs;
requiring significant vegetative buffering;
requiring large setbacks;
requiring relocation; and
denial.
7.6.4. Work with energy providers through the specific area planning process to identify
appropriate coastal locations for major energy generating
equipment/transmission/facilities. Consider coastal locations where a clear public
benefit is established using the following factors.
There is a demonstrated need for the facility.
The facility will satisfy additional electric capacity needs or electric system
needs.
Alternative available methods of power generation and alternative sources
of energy cannot reasonably meet the public need.
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Upgrades of existing facilities cannot reasonably meet the public need.
The facility incorporates feasible public recreational uses.
7.7. Ensure maximum efficiency when siting major energy generating
equipment/facilities.
7.7.1. Achieve maximum transmission efficiency by siting major energy generating facilities
close to load centers.
7.7.2. Work with energy providers to co-locate, where possible, facilities such as transmission
lines, pipelines, substations, and terminals.
7.7.3. Encourage the adoption of designated generation and transmission and facility sites and
corridors to protect against incompatible development and to maximize increased
capacity.
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7.8. Work to foster collaborative relationships with energy providers.
7.8.1. Work closely with energy providers during the evaluation of development plans to assess
cumulative, impacts on energy availability and reliability in the Town.
7.8.2. Coordinate with energy providers in siting discussions to ensure energy infrastructure is
adequate to support growth and infrastructure development.
7.8.3. Encourage involvement of energy providers in area planning processes.
7. 9. Provide information to the community regarding future energy facilities.
7.9.1. Keep up-to-date information about locations of existing and potential new generation and
transmission facilities on the town website.
7.9.2. Review development proposals along with short- and long-range plans of energy providers
to ensure an understanding of where facilities may be and to keep prospective residents
and businesses informed.
7.10. Participate in regional energy planning initiatives and programs.
7.10.1. Participate in the Cleaner Greener Communities regional planning efforts.
7.10.2. Consider participating in the Climate Smart Community Initiative and adopting the
Climate Smart Communities Pledge.
7.11. Improve the efficiency of natural gas in new construction and remodeling projects
through education on National Grid programs and incentives.
Provide links on the Town’s web page for the incentives and rebate programs offered
by National Grid on its Renewable and Alternative Energy Committee web page.
Responsible Parties: Southold Planning Board, Southold Energy Committee
Possible Partnerships: The electrical utility company, National Grid, New York State Energy Research
& Development, New York State Department of Environmental Conservation and other non-
governmental agencies
Goal 8. Protect and Improve Air Quality
Air pollutants originate from industries that manufacture chemicals and other goods, vehicles, and
power equipment, and from energy facilities that burn oil, gas, or coal. Hot summer weather sets the
stage for the formation of ozone (O3) and fine particulate matter (PM2.5), two pollutants of concern
for human health. Fish and wildlife show harmful effects from acid rain and mercury in the air.
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Greenhouse gases (chiefly carbon dioxide) in the air are attributed to the world's changing climate
(NYSDEC Website).
Currently, the air quality within Southold Town is considered to be within federal regulatory standards.
The Town does not contain large industrial uses that are capable of producing localized threats to air
quality. However, regional sources could affect the Town’s populations and/or environments with
the right weather conditions.
There are ways that the Town can help to reduce regional air pollution; these include continuing to
develop sustainable, energy efficient buildings and grounds, planning for safer pedestrian movement
in and around the hamlet centers to reduce vehicle dependency, and improving mass transportation
and vehicle efficiency of the town’s fleet.
Objectives
8.1 Reduce the production of greenhouse gases.
8.1.1 Participate in the Cleaner Greener Communities regional planning efforts.
8.1.2 Support the Complete Streets concept.
Complete Streets are designed and operated to enable safe access for pedestrians,
bicyclists, motorists, and public transportation riders of all ages and abilities.
8.1.3 Reduce reliance on vehicles through the improvement of mass transportation and safe
pedestrian traffic controls and sidewalks in hamlet centers.
8.1.4 Continue to replace town fleet vehicles with alternative fuel, low emission vehicles.
8.1.5 Continue to replace aging equipment with more energy efficient equipment.
8.2 Control or abate existing air pollution and prevent new air pollution.
8.2.1 Restrict emissions or air contaminants to the outdoor atmosphere that are potentially
injurious or which unreasonably interfere with enjoyment of life or property.
8.2.2.1. Continue to promote the no idling policy for town vehicles.
8.2.2 Recycle or salvage air contaminants using best available air cleaning technologies.
A strategy to recycle certain types of these contaminants has already been implemented at
the Town Landfill in Cutchogue where all appliances containing refrigerants are properly
emptied and recycled by a trained, licensed technician (LWRP). Propane tanks and fire
extinguishers are also recycled.
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8.2.3 Limit greenhouse gas emissions and other pollution resulting from vehicle or vessel
movement or operation, including actions which directly or indirectly change
transportation uses or operation, resulting in increased pollution.
8.2.4 Limit discharges of atmospheric radioactive material to a level that is as low as practicable.
Responsible Parties: Southold Planning Board, Southold Energy Committee
Possible Partnerships: The electrical utility company, National Grid, New York State Energy Research
& Development, New York State Department of Environmental Conservation and other non-
governmental agencies
Goal 9. Continue to Manage Solid Waste and
Hazardous Waste.
Solid Waste
The Town’s solid waste activities on the mainland are managed by three facilities operated by the
Town and permitted under NYSDEC’s Part 360 Regulations that regulate waste disposal: (1) A
transfer station for residential and commercial solid waste and recyclables; (2) a yard waste compost
facility; and 3) a construction and demolition (C & D) processing and transfer facility. All are located
in Cutchogue. The Town does not collect residential or commercial waste and relies on private carting
companies or residents to deliver waste to the facilities.
The transfer station accepts household and commercial garbage and recyclables, the compost facility
accepts all manner of vegetative yard debris (e.g., leaves, brush, and land-clearing debris) for
composting, and the C & D facility accepts non-hazardous building materials resulting from new
construction as well as demolition activities. The compost facility produces leaf compost and
woodchip mulch for public use. The facilities are operated by the Southold Town Solid Waste
Management District under the Town’s Solid Waste Coordinator.
On Fishers Island, solid waste is managed by Fishers Island Waste Management (FIWM), which runs
a transfer and compost facility processing household garbage, furniture, appliances, recyclables,
construction waste, yard and landscaping debris. Hazardous wastes are collected one day a year.
Fishers Island’s waste is carted to Connecticut; thus, FIWM must comply with both New York and
Connecticut laws regarding waste management and recycling.
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Objectives
1.1 Continue to manage solid waste to protect public health and control pollution.
1.1.1 Consider adopting a deconstruction code for the teardown of buildings to improve
recycling.
1.1.2 Consider increasing recycling opportunities for organic materials beyond yard waste at the
Cutchogue Facility.
1.1.3 Perform outreach to improve commercial recycling at the Cutchogue Facility.
1.2 Consider appointing a Town Recycling Coordinator to further increase recycling
opportunities in Town.
1.3 Continue to implement diversified recycling programs.
In 2012 a total of 36,000 tons of incoming waste and recyclables was received, of which
31,000 tons were transferred off site for ultimate disposal and/or recycling. As indicated
above, the Town’s recycling program is efficient and progressive, collecting and processing
13 products for a total of 13,044 tons in 2012. A table summarizing the types of recyclable
materials collected is included in Appendix 4.
1.4 Plan for proper and effective construction debris disposal prior to undertaking major
development or activities generating solid waste by:
Reducing the amount of solid waste generated by continuing to implement the pay-as-you-
throw system;
Reusing or recycling material;
Supporting product stewardship efforts whereby manufacturers of items that are hazardous
or pose uniquely difficult and expensive disposal or recycling challenges help organize and
finance programs to manage those products properly at the end of their useful life. Also known
as “extended producer responsibility,” this approach to waste management has been adopted
for a range of hard-to-manage products such as electronic waste (“e-waste”), rechargeable
batteries, paint, pharmaceuticals, mattresses, and other items. Manufacturers of these and
other products have been required, through state legislation across the country (including in
New York), to help local governments deal with the unique disposal/recycling issues they
pose. Consider supporting product stewardship legislation at the state level, where appropriate,
for items requiring substantial, unique, and costly end of life management efforts;
Using approved methods endorsed by NYSDEC to dispose of solid waste that is not
otherwise being reused or recycled.
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1.5 Develop an Emergency Waste Disposal Plan to plan for the collection, storage, and
disposal of debris and materials from natural disasters.
Such a plan should address issues of collection, storage, and methods of removal (for ultimate
disposal) of disaster-related debris. This debris would typically include vegetative matter (trees,
stumps, etc.), rubbish (i.e., ruined contents from dwellings), and construction debris from
damaged buildings. In addition, any rubbish and construction debris resulting from an emergency
situation could contain a hazardous component which must also, in turn, be managed
appropriately. Since disposal fees charged to residents have historically been waived for storm or
emergency debris, issues resulting from the potential loss of revenue that would normally fund
waste management and disposal activities would also need to be considered.
1.6 Continue to operate solid waste management facilities to prevent or reduce water, air, and
noise pollution and other conditions harmful to the public health.
Hazardous Waste
NYSDEC regulates collection, storage and transport of hazardous waste within the Town through
Part 360 permits.
Two types of hazardous waste that occur in town are household and industrial. Household hazardous
wastes (HHW) are materials found in residential wastes such as oil-based paints, pesticides, automotive
fluids, home hobby chemicals, cleaning products and compact fluorescent bulbs (CFLs). These
chemical wastes are accepted free for proper handling and disposal from residents on four special
HHW drop-off days each year and should continue to be handled and discarded with special care.
Industrial hazardous waste is subject to regulations that are more stringent and is not managed by the
Town due to regulatory controls. Rather, industrial standards and practices provide appropriate
opportunities for this hazardous waste to be handled properly. The Town presents several
opportunities to dispose of these substances annually.
1.7 Ensure maximum public safety through continued management of household and
industrial hazardous waste collection, storage, and disposal.
In 2012, a total of 60 tons of household hazardous waste was collected over four days
through the Town’s STOP (Stop Throwing Out Pollutants) Program. It is recommended
that the Town and Fishers Island Waste Management continue to hold hazardous waste
collection days.
1.8 Remediate inactive hazardous waste disposal sites. Future use of a site should determine
the appropriate level of remediation.
1.9 Prevent and remediate discharge of petroleum products (waste oil) by following methods
approved for handling and storage of petroleum products and using approved design and
maintenance principles for storage facilities.
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1.10 Transport solid waste and hazardous substances and waste in a manner that protects
the safety, well-being, and general welfare of the public, the environmental resources of
the State, and the continued use of transportation facilities.
1.11 Site solid and hazardous waste facilities to avoid potential degradation of coastal
resources.
Solid and hazardous waste facilities should not be located within the coastal area unless there is
a demonstrated need for waterborne transport of waste materials and substances. If the need
for a coastal location is demonstrated, preclude impairment of coastal resources from solid and
hazardous waste facilities by siting these facilities so that they are not located in or would not
adversely affect:
agricultural lands;
natural protective feature areas;
surface waters, primary water supply, or principal (sole-source) aquifers;
designated SCFWHs;
habitats critical to vulnerable fish and wildlife species, vulnerable plant species, and rare
ecological communities;
wetlands.
Responsible Parties: Southold Town Solid Waste Management District, Fishers Island Waste
Management District
Possible Partnerships: New York State Department of Environmental Conservation