HomeMy WebLinkAboutFreshwater Wetlands 1998No action was taken on this local law.
It was re-titled "A Local Law In Relation to Amending Certain Sections of
Chapter 97, entitled Wetlands of the Town Cede of the Town of Southold".
It was presented to the Town Board on 10/13/98, a public hearing was set
for 5:00 P.M., October 27, 1998.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING ON LOCAL LAW
PUBLIC NOTICE IS HEREBY GIVEN that there has been presented
to the Town Board of the Town of Southold, Suffolk County. New York,
on the 9th day of June 1998, a Local Law entitled,
NOTICE I~ FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the
Southold Town Hall, 53095 .Main Road, Southold, New York, on the
7th day of July 1998, at 5:00 P.M., at which time all interested
persons will be heard.
This proposed
[~'"-~ -. ?~.-I lane S
which reads as follows:
LOCAL LAW NO. - 1998
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
lamended as follows:
Section 97-12 (Exceptions) is hereby amended as follows:
(7) The ordinary and usual maintenance or reoair of a
man-made pond thatis created by usinq an artificial
seal to prevent water from seepin~ into the around and
activities disturbinq the bottom lands of. and wetlands
adjacent thereto.
2. Section 97-13 (Definitions) is lo. ere ,by_amended as follows:
q~OUNDARIES OF A WEq:LAN~ .I~_OR...~.T,,_.~.ND BOUNDAaY - The
ou"~'er'fi.,it or {llu veqetat~on sp~cified"n the de§.~bu, of r~shwater,
brachis or tidal wetland. The wetland boundary is to be defined and
flaeeed at the point where existine wetland indicator species no foneer
have a competitive advantaee over upland species. Wetland and
upland plants will mix to.qether at this transition zone. The methodolo.av
used to determine this boundary shall be the same methodoloqv
utilized in the N.Y.S.D.E.C. Technical Methods Statement relatinp
to the Freshwater Wetlands Act: to wit. if the innermost portion of
a wetland is effectively 100 percent wetland plants, the next
concentric rinq shows an area of 75 percent wetland species, and
the outer rin¢~ is a 50 percent mix where the competitive advantacle
of upland species is demonstrated, the boundary line will be drawn
at the mid-point of the outer rine. Where a site is dominated by
facultative species which are characteristic of Lone Island wetlands,
such as red maple (Acer rubrum~ and black tupelo (Nvssa svlvaticeL
a community approach shall be used in determininq the wetland
boundary. The test of what constitutes a wetland community will be
satisfied if the species are those included in the description of natural
wetland community types as documented by the New York Natural
Heritaee Proclram in the March 1990 manual entitled 'Ecoloeical
Communities of New York State."
WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L.
No. 6-1985]:
A. TIDAL WETLANDS:
J(S3)All land to tidal wetland as defined in
immediately
adjacent
a
ubsect{on A(2) and lying within seventy"five (75) feet landward
of the most landward edgo of ouch a tidal wotland wetland boundary
of such tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, {}24-0107,
Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation
Law of the State of New York; o~
(2) "Frochwator wctlandc" moans AI__I lands and waters in the town which
contain any or all of the followina:
(al lands and submer~ed lands commonly called marshes,
swamps, slouqhs, boas, and flats supportin~ a(~uatic or semi-
aquatic veqetation of the followinq types:
{'1) wetland trees, which depend upon seasonal or permanent
floodin~ or sufficiently water-lo~qed soils to ~ive them e
competitive advantaqe over other tre~s: including, amon~
others, red maple (Acer rubrum), willows (Salix spp.), black
spruce (Picea mariana);.swamp white oak (Quercus bicolor),
red ash (Frexinum pennsvlvanica), black ash (Fraxinus niqra),
silver maple (Acer saccharinum), American elm (Ulmus
americana), and larch (Larix ladcina); or
(2) wetland shrubs, which depend upon seasonal or
permanent floodinq or sufficiently water-lo~(~ed soils
to ~ive them a competitive advantage over other shrubs;
including, amon~ others, alder (Alnus spp.), buttonbush
(Cephalkanthus occidentialis), boo rosemary (Andromeda
.qlaucophylla), do~woods (comus sop.), and leathedeaf
(Chamaedaphne calyculatak or
(3) emergent veaetation, includinc~, amon~ others, cattails
(Tvpha spp.), pickerelweed (Pontederia cordata), bulrushes
(Scirpus spp.), arrow arum (Peltandra virainica), arrowheads
(Sa~3ittaria spp,), reed (Phraclmites communis), wildrice
(Zizania aauatica), bur-reeds (Spar~3anium spp.), purple
Ioosestrife (Lythrum salicaria), swamp Ioosestrife (Decodon
verticillatus), and water plantain (Alisma plantaqoa(~uatica);
o_Er
(4) rooted, floatinq-leaved vec~etation; including, amon~ others,
water-lily (NYmphaea odorata), water shield (Brasenia schreberi),
and spatterdock (Nuphar sop.); or
(5) free-floatinc~ vegetation; includinq, amon(~ others, duckweed
(Lemna spp.), bi~ duckweed (Spirodela polyrhiza), and
watermeal (Wolffia spp.); or
(6) wet meadow vegetation, which depends upon seasonal
or permanent fioodin~ or sufficiently water-longed soils to
~ive it a competitive advanta(3e over other open land
ve(3etation: includinq, amon~ others, sed{3es (Carex SDD.),
rushes (Juncus spr).~, cattails CrvDha s~)p.~, rice cut-~rass
(Leersia orvzoides), reed canaw orass (Phalaris arundinacea),
swamp Ioosestdfe (Decodon verticillatus), and spikerush
(Eleochads sop,): or
(7) boq mat ve.~etation; inoludin~, amon~ others, sphaQnum
mosses (Sphaclnum spp.), boq rosemary (Andromeda
glaucophvllaL leatherleaf (Chamaedaphne calvculataL
pitcher plant (Sarracenis purpureaL and cranberries
(Vaccinium macrocerpon and V. oxvcoccos); or
(8) submer~ent vegetation; includin{3, among3 others,
pondweeds (Potamo~eton spp.), naiads (Nalas sop.)
bladdenvorts (Utricularia spp.), wild celery (Vallisneria
amedcena), coontail (Ceratoph¥11um demersum), water
mil(oils (Myriophyllum spp,I muskqrass (Chara spp.),
stonewort (Nitella spp,), water weeds (Elodea sop,),
and water smartweed (Polv~onum amphlblum~; or
lb) lands and submer.qed lands containin~ remnants
of any veQetation that is not aquatic or semi-aquatic
that has died becadse of wet conditions over a
sufficientlv Ion~ period, provided that such wet conditions
do not exCeed a maximum seasonal water depth of six
feet and provided further that such conditions can be
expected to persist indefinitelv, barrinq human intervention;
(c) lands and waters substantiallv enclosed by aquatic or
semi-aquatic vegetation as set forth in paraQraph fa) or be
dead veQetation as set forth in para.qraph fbi, the reQulation
of which is necessary to protect and preserve the aquatic
and semi-aquatic vecletation; and
(d) the waters overlyinq the areas set forth in (al and lb) and
the lands underlvin¢~ fcl.
(2) All land immediately adjacent t(~ a~ff~shwater wetland," as
defined in ,either ,Subsection B(1.)'~.~Subsection B(2) and lying within,,,'
seventy-five (75) feet landward of the most~landwa, rd cdgc .~f 2 , / .~
"freshwater wetland" wetland boundary ~(- %~c ~ F[ ~¢ ~
~1~ This I°~l law sh~l take effect upon filing with the
Secretaw of State.
¢ * Underline represents additions
Strikethrough represents deletions
Copies of this Local Law are available in the Office of the Town
Clerk to any interested persons during business hours.
Dated: June 2~. 1998
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
Ii
PLEASE PUBLISH ON JULY 2, 1998, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE,
TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW
YORK 11971.
Copies to the following:
The Traveler Watchman
Town Board Members
Town Attorney
Chief of Police
Superintendent of Hiahwavs
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York
being duly sworn, says that on the 2qth day of June 1998
she affixed a notice of which the annexed printed notice is a true copy,
in a proper and substantial manner, in a most public place in the Town of
Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin
Board~ Southold Town Hall, 53095 Main Road, Southold, New York.
Notice of Public Hearing on ,Local Law In Relation to Revising the Definition
of Freshwater Wetlands".. PubliC~Haering to be held at 5:00 P.M., Thursday,
JUly 7, 1998.
Elizabeth A. N~ville
Southold Town Clerk
Sworn to before me this
2e, thday of June , 1998.
JOYCE M WiL K[t-:S
Notary Public, State of New Yodc
No. 4952246. Suffolk Coun.~L
Term Expires June 12, 19~
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED
BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON
APRIL 28. 1998:
WHEREAS there has been presented to the Town Board of the Town of
$outhold, on the 28th day of April, 1998, a Local-Law entitled, "A Local
Law in Relation to Revising the Definition of Freshwater Wetlands, now,
therefore, be it
RESOLVED that this Local Law be referred to the Southold Town
Planning Board and the Suffolk County Department of Planning for
recommendations and reports, all in accordance with the Southold Town
Code and the Suffolk County Charter. Said Local Law reads as follows:
LOCAL LAW NO. - 1997
A Local Law in Relation to Revising the Definition of Freshwater Wetlands
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 97-12 (Exceptions) is hereby amended as follows:
(7) The ordinary and usual maintenance or repair of a
man-made pond that is created by usin~ an artificial
seal to prevent water from seepin~ into the clround and
activities disturbin.a the bottom lands of, and wetlands
adiacent thereto.
2. Section 97-13 (Definitions) is hereby amended as follows:
BOUNDARIES OF A WETLAND OR WETLAND BOUNDARY - The
outer limit of the vecletation specified in the definition of freshwater,
brackis or tidal wetland. The wetland boundary is to be defined and
fia~Qed at the point where existin~ wetland indicator species no IonQer
have a competitive advantacle over upland species. Wetland and
upland plants will mix toclether at this transition zone. The methodoloc~v
used to determine this boundary shall be the same methodolocly
utilized in the NY.S.D.E.C. Technical Methods Statement relatin.a
to the Freshwater Wetlands Act: to wit, if the innermost portion of
a wetland is effectively 100 percent wetland plants, the next
concentric rin.q shows an area of 75 percent wetland species, and
the outer rinq is a 50 percent mix where the competitive advantage
of upland species is demonstrated, the boundary line will be drawn
at the mid-point of the outer rin~. Where a site is dominated bv
facultative species which are characteristic of Lon~3 Island wetlands,
such as red maple ('Acer rubrum) and black tupelo ('Nvssa svlvatica).
a community approach shall be used in determinincl the wetland
boundary. The test of what constitutes a wetland community will be
satisfied if the species are those included in the description of natural
wetland community types as documented bv the New York Natural
Herita.cle Pro,ram in the Mar. ch 1990 manual entitled "Ecological
Communities of New York State."
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in
Subsection A(2) and lying within seventy-five (75) feet landward
of the most landward edge of such a tidal wetland wetland boundary
of such tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, §2d 0107,
Subdivisions l(a) to l(d) inclusive, of tho Environmcntal Conservation
Law of tho State of New York; and
('1) "Freshwater wetlands" means lands and waters in the town which
contain anv or all of the followin.cl:
(a) lands and submer~ed lands commonly called marshes,
swamps, slou~hs, boas, and flats supportinQ ac~uatic or semi-
actuatic vegetation of the followin~ types:
(1 ~ wetland trees, which depend upon seasonal or permanent
floodin(3 or sufficiently water-lo~(~ed soils to ~ive them a
competitive advanta(~e over other trees; includin(~, amon~
others, red maple ('Acer rubrum), willows ('Salix spp.), black
spruce {Picea mariana); swamp white oak ('Quercus bicolor),
red ash ('Fraxinum pennsvlvanica), black ash ('Fraxinus ni~ra),
silver maple ('Acer saccharinum), American elm ('Ulmus
americana), and larch ('Larix laricina):
~2) wetland shrubs, which depend upon seasonal or
permanent floodin~l or sufficiently water-lo, tied soils
to ~ive them a competitive advantage over other shrubs;
includincl, amonc~ others, alder {'Alnus spe.), buttonbush
(Cephalkanthus occidentialis}, bo{] rosemary ('Andromeda
cdaucophvlla), do~woods ('comus spe.), and leatherleaf
(Chamaedaphne calvculata);
(3) emergent vegetation, including, among otl3ers, cattails
(Tvpha spp.), pickerelweed (Pontederia cordata), bulrushes
(Scirpus spp.), arrow arum (Peltandra virginica), arrowheads
(SaQittaria spp.), reed (Phragmites communis), wildrice
(Zizania aQuatica), bur-reeds (Sparganium sDp.), purple
Ioosestrife (Lythrum salicaria), swamp Ioosestrife (Decodon
verticillatus), and water plantain (Alisma plantagoa(~uatica);
(4) rooted, floatinQ-leaved vegetation; including, amonQ others,
water-lily (Nvmphaea odorata), water shield (Brasenia schreberi),
and spatterdock (Nuphar spp.);
(5) free-floatinQ veQetation; includinQ, amonQ others, duckweed
(Lemna spp.), bin duckweed (Spirodela polvrhiza), and
watermeal (Wolffia spp.);
(6) wet meadow ve.cletation, which depends upon seasonal
or permanent floodinQ or sufficiently water-loQ.cled soils to
,clive it a competitive advantaQe over other open land
veQetation; including, amon.cl others, sedQeS (Carex
rushes (Juncus spp.), cattails (Typha sDP.), rice cut~. rass
(Leersia oryzoides); reed canary QreSS (Phalaris arundinacea),
swamp Ioosestrife (Decodon verticillatus), and spikerush
(Eleocharis spp.);
(7) bo.~ mat veQetation; including, amonQ others, sphaQnum
mosses (Spha(3num SPD.), bom rosemary (Andromeda
glaucophvlla), leatherleaf (Chamaedaphne calvculata),
pitcher plant (Sarracenis purpurea), and cranberries
(Vaccinium macrocaroon and V. oxvcoccos);
(8) submer(~ent veQetation; includin(~, amonQ others,
pondweeds (PotamoQeton spp.), naiads (Naias spp.)
bladderworts (Utricularia spo.), wild celery (Vallisneria
americana), coontail (Ceratophvllum demersum), water
milfoils (Myriophyllum spp.) musk(~rass (Chara spp.),
stonewort (Nitella spp.), water weeds (Elodea spp.),
and water smartweed (PolyQonum amphibium);
(bi lands and submerged lands containing remnants
of any veQetation that is not aquatic or semi-a(~uatic
that has died because of wet conditions over a
sufficiently long period, provided that such wet conditions
do not exceed a maximum seasonal water depth of six
feet and provided further that such conditions can be
expected to persist indefinitelv, barrinQ human intervention;
(c) lands and waters substantiallv enclosed by aquatic or
semi-aQuatic vegetation as set forth in paraQraph (al or be
dead vegetation as set forth in paraQraph {bi, the reQulation
of which is necessary to protect and preserve the aquatic
and semi-aQuatic veQetation; and
(d) the waters overlvin~l the areas set forth in (al and (bi and
the lands underlvin~
(2) All land immediately adjacent to a "freshwater wetland," as
defined in Subsection B(1 ) and lying within seventy-five (75) feet
landward of the most landward cdge of a "freshwater wetland"
wetland boundary.
II. This local law shall take effect upon filing with the Secretary of State.
* Underline represents additions
Strikethrough represents deletions
Southold Town Clerk
April 28, 1998
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southo]d, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED BY THE 5OUTHOLD TOWN BOARD AT THEIR REGULAR MEETING
HELD ON JUNE 23. 1998:
WHEREAS. there was presented to the Town Board of the Town of
Southold, on the 28th day of April, 1998, a Local Law entitled, "A Local
Law in Relation to Revising the Definition of Freshwater Wetlands", and
WHEREAS, this Local Law was referred to the Southold Town Planning
Board and the Suffolk County Department of Planning, all in accordance
with the Southold Town Code and the Suffolk County Charter, now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets
5:00 P.M., Tuesday, July 7, 1998, Southold Town Hall, 53095 Main
Road, Southold, New York, as the time and place for a public hearing
on this Local Law, which reads as follows:
LOCAL LAW NO. __ - 199~
A Local Law in Relation to Revising the Definition of Freshwater Wetlands
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 97-12 (Exceptions) is hereby amended as follows:
(7) The ordinary and usual maintenance or repair of a
man-made pond that is created bv usin~ an artificial
seal to prevent water from seepin(~ into the around and
activities disturbin.q the bottom lands of, and wetlands
adiacent thereto.
2. Section 97-13 (Definitions) is hereby amer~ded as follows:
BOUNDARIES OF A WETLAND OR WETLAND BOUNDARY - The
outer limit of the veQetation specified in the definition of freshwater,
brackis or tidal wetland. The wetland boundary is to be defined and
fiaQQed at the point where existinQ wetland indicator species no 10nQer
have a competitive advantaQe over upland species. Wetland and
upland plants will mix toQether at this transition zone. The methodoloQV
used to determine this boundary shall be the same methodoloQy
utilized in the N.Y.S.D.E.C. Technical Methods Statement relatin¢~
to the Freshwater Wetlands Act: to wit, if the innermost portion of
a wetland is effectively 100 percent wetland plants, the next
concentric rinQ shows an area of 75 percent wetland species, and
the outer rin~ is a 50 percent mix where the competitive advantage
of upland species is demonstrated, the boundary line will be drawn
at the mid-point of the outer rinQ. Where a site is dominated by
faoultative species which are characteristic of LonQ Island wetlands,
such as red maple (Acer rubrum) and black tupelo ('Nyssa sylvatical,
a community approach shall be used in determinin~ the wetland
boundary. The test of what constitutes a wetland community will be
satisfied if the species are those included in the description of natural
wetland community types as documented by the New York Natural
HeritaQe ProQram in the March 1990 manual entitled "EcoloQical
Communities of New York State."
WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L.
No. 6-1985]:
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in
Subsection A(2) and lying within seventy-five (75) feet landward
of the most landward odge of ~uch a tidal wetland wetland boundary
of such tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, §24-0107,
Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation
Law of the State of New York; o_r
(2) "Freshwater wctlands" moans All lands and waters in the town which
contain any or all of the followinQ:
fa) lands and submemed lands commonly called marshes,
swamps, slouQhs, boQs. and flats supportinQ aquatic or semi-
aquatic veQetation of the followinQ types:
(1) wetland trees, which depend upon seasonal or permanent
floodinQ or sufficiently water-loC~Cled soils to Qive them a
competitive advantage over other tre~s; including, amon~
other,~ d maple rAcer rubrum), willows ([ x spp.), black
spruce (Picea mariana); swamp white oak (Quercus bicelor),
red ash (Fraxinum pennsylvanica), black ash fFraxinus ni.qra),
silver maple rAcer saccharinum), American elm fUImus
americana), and larch fLarix laricina); or
f2) wetland shrubs, which depend upon seasonal or
permanent flooding or sufficiently water-lo.qged soils
to give them a competitive advantaqe over other shrubs;
including, amon.q others, alder (Alnus spp.), buttonbush
fCephalkanthus ocoidentialis), bog rosemary fAndromeda
glaucophylla), dogwoods (cornus spp.), and leatherleaf
(Chamaedaphne calvculata}; or
(3) emerqent vegetation, including, among others, cattails
(Tvpha spp.), pickerelweed fPontederia cerdata), bulrushes
(Scirpus spp.'l, arrow arum (Peltandra virginice), arrowheads
fSagittaria spp.), reed fPhragmites communis), wildrice
fZizania aquatic, a}, bur-reeds (Sparganium spp.), purple
Ioosestrife (Lythrum salicaria}, swamp Ioosestrife (Decodon
verticillatus), and water plantain fAlisma plantagoaauatica);
o_[r
f4) rooted, floatinq-leaved veqetation; includinq, amonq others,
water-lily fNYmphaea odorata), water shield fBrasenia schreberi),
and spatterdock fNuphar SPp.); or
(5) free-f oat nq vegetat on; including, among others, duckweed
(Lemna spp.), biq duckweed (Spirodela polvrhiza), and
watermeal fWolffia spp.); or
f6) wet meadow vegetation, which depends upon seasonal
or permanent flooding or sufficiently water-logged soils to
give it a competitive advantage over other open land
vecletation; includin¢~, among others, sedges (Carex spp.),
rushes (Juncus spp.), cattails (Typha sDp.), rice cut--~rass
(Leersia oryzoides), reed canary grass fPhalaris arundinacea),
swamp Ioosestrife (Decodon verticillatus), and spikerush
(Eleocharis spp.); or
(7) boq mat vegetation; including, amonq others, spha(~num
mosses fSphagnum spp.), bog rosemary fAndromeda
.c~laucophvlla), leatherleaf fChamaedaphne celvculata),
pitcher plant (Sarracenis purpurea), and cranberries
fVaccinium macrocamon and V. oxvceccos); or
(8) submergent vecletation; including, among others.
Dondweeds (Potamo~eton spp.), naiads (Naias spp.)
bladderworts CUtricularia spp.), wild celery (Vallisneria
americana), coontail (Ceratophvllum demersum), water
milfoils (Mvriophvllum spp.) muskerass (Chara spp.),
stonewort (Nitella spp.), water weeds CEIodea spp.),
and water smartweed (Poly.clonum amDhibium); or
(b) lanus and submerged lands containin¢l remnants
of any vecletation that is not aquatic or semi-aquatic
,that has died because of wet conditions over a
sufficiently Ion¢l period, provided that such wet conditions
do not exceed a maximum seasonal water deptr~ of six
feet and provided further that such conditions can be
expected to persist indefinitely, barrinq human intervention;
(c) lands and waters substantially enclosed by aquatic or
semi-aquatic vecletation as set forth in para.qraph (al or be
dead veqetation as set forth in paraqraph (bi, the reaulation
of which is necessary to protect and preserve the aquatic
and semi-aquatic ve.qetation; and
rd) the waters overlyin¢l the areas set forth in fa) and fbi and
the lands underlyin~
(2) All land immediately adjacent to a "freshwater wetland," as
defined in either Subsection B(1 ) or Subsection B(21 and lying within
seventy-five (75) feet landward of the most landward ea~e-ef-a-
"freshwater wetland" wetland boundary.
II. This local law shall take effect upon filing with the
Secretary of State,
* Underline represents additions
Strikethrough represents deletions
~beth A. Newlle
Southold Town Clerk
June 24, 1998
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
May 22. 1998
Southold Town Planning Board
Southold Town Hall
Southo(d, New York 11971
Gentlemen:
Transmitted herewith is a proposed Local Law entitled "A Local
Law in Relation to Revising the Definition of Freshwater Wetlands",
as revised by the Town Attorney and received today.
Please prepare an official report defining the
recommendations with regard to this proposed Local
same to me. Thank you.
Planning Board's
Law and forward
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Attachment
CC:
Town Attorney
Board of Appeals
Building Department
Trustees
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED
BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON
APRIL 28, 1998:
WHEREAS there has been presented to the Town Board of the Town of
Southold, on the 28th day of April, 1998, a Local-Law entitled, "A Local
Law in Relation to Revising the Definition of Freshwater Wetlands, now,
therefore, be it
RESOLVED that this Local Law be referred to the Southold Town
Planning Board and the Suffolk County Department of Planning for
recommendations and reports, all in accordance with the Southold Town
Code and the Suffolk County Charter. Said Local Law reads as follows:
LOCAL LAW NO. - 1991~
A Local Law in Relation to Revising the Definition of Freshwater Wetlands
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 97-12 (Exceptions) is hereby amended as follows:
(7) The ordinary and usual maintenance or repair of a
man-made pond that is created by usinq an artificial
seal to prevent water from seeping into the around and
activities disturbin~ the bottom lands of, and wetlands
adiacant thereto.
2. Section 97-13 (Definitions) is hereby amended as follows:
BOUNDARIES OF A WETLAND OR WETLAND BOUNDARY - The
outer limit of the ve.qetation specified in the definition of freshwater,
brackis or tidal wetland. The wetland boundary is to be defined and
flaqqed at the point where existinq wetland indicator species no Ionc~er
have a competitive advantacle over upland species. Wetland and
upland plants will mix toqether at this transition zone. The methodoloc~v
used to determine this boundary shall be the same methodolo.clv
utilized in the N,Y.S.D.E,C. Technical Methods Statement relatinQ
to the Freshw ; Wetlands Act: to wit, if the innen t portion of
a wetland is eftectivelv 100 percent wetland plants, the next
concentric rincl shows an area of 75 percent wetland species, and
the outer rin.q is a 50 percent mix where the competitive advanta.cle
of upland species is demonstrated, the boundary line will be drawn
at the mid-point of the outer rin.q. Where a site is dominated by
facultative species which are characteristic of Lon.q Island wetlands,
such as red maple (Acer rubrum) and black tupelo (Nyssa svlvatice),
a community approach shall be used in determinincl the wetland
boundary. The test of what constitutes a wetland community will be
satisfied if the sbecies are those included in the description of natural
wetland community types as documented by the New York Natural
Heritable Proclrar~ in the March 1990 manual entitled "Ecoloclical
Communities of New York State."
WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L.
No. 6-1985]:
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in
Subsection A(2) and lying within seventy-five (75) feet landward
of the most landward odgo of such a tidal wetland wetland boundary
of such tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, §24-0107,
Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation
Law of the State of New York; or
(2) "Freshwater wetlands" means All lands and waters in the town which
contain any or all of the followincl:
la) lands and submercled lands commonly called marshes,
swamps, slouc~hs, bo~s, and flats supportin~ acluatic or semi-
acluatic vecletation of the followincl types:
(1) wetland trees, which depend upon seasonal or permanent
floodin~ or sufficiently water-lo.qcled soils to clive them a
competitive advantacle over other trees; includin.q, amonq
others, red maple (Acer rubrum), willows (Salix spp.), black
spruce fPicea mariana); swamp white oak (Quercus bicolor\,,
red ash (Fraxinum pennsylvanical, black ash fFraxinus niqra),
silver maple (Acer saccharinum), American elm (Ulmus
americana), and larch fLarix laricina); or
(2) wetland shrubs, which depend upon seasonal or
permanent floodin(~ or sufficiently water-loc~Qed soils
to ~ive them a competitive advantage over other shrubs;
inclu~. A, among others, alder (Alnus spp.,. ~uttonbush
(Cephalkanthus occidentialis), bog rosemary ('Andromeda
.qlaucophvlla), dogwoods ('cornus SDP.), and leatherleaf
(Chamaedaphne calvculata); or
(3) emergent vegetation, including, among others, cattails
('Tvpha sPp.), pickerelweed ('Pontederia cordata), bulrushes
(Scirpus spp.), arrow arum ('Peltandra virginica), arrowheads
(Sagittaria spp.), reed (Phragmites communis), wildrice
(Zizania, aquatica), bur-reeds (Sparganium spp.), purple
Ioosestrife (Lvthrum salicaria), swamp Ioosestrife CDecodon
verticillatus), and water plantain (Alisma plantagoaguatica);
(4) rooted, floating-leaved vegetation; including, among others,
water-lily (Nvmphaea odorata), water shield (Brasenia schreberi),
and spatterdock (Nuphar spp.); or
(5) free-floating veqetation; including, among others, duckweed
(Lemna spp.), biq duckweed ('Spirodela polyrhiza), and
watermeal (Wolffia spp.); or
(6) wet meadow vegetation, which depends upon seasonal
or permanent flooding or sufficiently water-lo.qged soils to
give it a competitive advantage over other open land
vegetation; including, among others, sedges (Carex SDD.),
rushes (Juncus SDP.), cattails ('TYpha spp.), rice cut-grass
(Leersia oryzoides), reed canary qrass (Phalaris arundinacea),
swamp Ioosestrife ('Decodon verticillatus), and spikerush
(Eleocharis SDD,); or
(7) bog mat ve(~etation; including, among others, sphagnum
mosses (Sphagnum SDP,), bog rosemary (Andromeda
glaucoph¥11a), leatherleaf (Chamaedaphne calyculata),
pitcher plant ('Sarracenis purpurea), and cranberries
(Vaccinium macrocarpon and V. oxvcoccos); or
(8) submergent vegetation; includinq, among others,
pondweeds (Potamogeton spp.), naiads (Naias spp.) '""
bladderworts ('Utricularia spp.), wild celery (Vallisneria
americana), coontail ('Ceratophvllum demersum), water
milfoils (Mvriophvllum sop.) muskgrass (Chara
stonewort ('Nitella spp.), water weeds ('Elodea
and water smartweed (Polvgonum amphibium); or
(bi lands and submerged lands containing remnants
of anv vegetation that is not aguatic or semi-aQuatic
that has died because of wet conditions over a
sufficiently lone period, provided that such wet conditions
do not exceed a maximum seasonal water depth of six
feet and provided further that such conditions can be
expected to persist indefinitely, barring human intervention;
(c) lar and waters substantially enclose¢' aquatic or
semi-aquatic vegetation as set forth in paraqraph (a) or be
dead vegetation as set forth in paragraph lb), the regulation
of which is necessary to protect and preserve the aauatic
and semi-aquatic veaetation; and
(d) the waters overl¥in~ the areas set forth in (a) and (b) and
the lands underlying (c).
(2) All land imm, ediately adjacent to a "freshwater wetland," as
defined in either Subsection B(1 ) or Subsection Bf2) and lying within
seventy-five (75),feet landward of the most landward ~'~"~ ''¢"
"freshwater wetland" wetland boundary.
II. This local law shall take effect upon filing with the
Secretary of State.
* Underline represents additions
Strikethrough represents deletions
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 29, 1998
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
Gentlemen:
Transmitted herewith is a proposed Local Law entitled "A Local
Law in Relation to Revising the Definition of Freshwater Wetlands".
Please prepare an official report defining the Planning Board's
recommendations with regard to this proposed Local Law and forward
same to me. Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Attachment
CC:
Town Attorney
Board of Appeals
Building Department
Trustees
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board
of the Town of Southold hereby refers the following proposed zoning action to the
Suffolk County Department of Planning:
X
New ZOning Ordinance
Chapter 97 Wetlands which will affect setbacks and
Amendment Of [~_~_~-~.-m-~ therefore Zoning Code
Amendment of Zoning Map (Change of Zone)
Location of affected land: Entire Town of Southold
Suffolk County Tax Map No.:
Within 500 feet of:
X The boundary of any village or town
The boundary of any existing or proposed county, state or federal parl~
The right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road or highway.
X The existing or proposed right-of-way of any stream or drainage charm(
owned by the County or for which the County has established channel
lines.
X The existing or proposed boundary of any other county, state or
federally owned land.
'X The Long Island Sound, any bay in Suffolk County or estuary of any o
the foregoing bodies of water.
Or within one mile of:
Nuclear power plant.
X Airport
COMMENTS: Proposed "Local Law in Relation to Revising the Definition of
Freshwater Wetlands".
Date: April 29. 1998
Southoid Town Clerk
LOCAL LAW NO. - 1997
A Local Law in Relation to Revising the Definition of Freshwater Wetlands
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 97-12 (Exceptions) is hereby amended as follows:
(7) The ordinary and usual maintenance or repair of a
man-made pond that is created by usinq an artificial
seal to prevent water from seepin¢l into the ¢lround and
activities disturbind the bottom lands of, and wetlands
adiacent thereto.
2. Section 97-13 (Definitions) is hereby amended as follows:
BOUNDARIES OF A WETLAND OR WETLAND BOUNDARY - The
outer limit of the veqetation specified in the definition of freshwater,
brackis or tidal wetland. The wetland boundary is to be defined and
flaqqed at the point where existinq wetland indicator species no Ionqer
have a competitive advantade over upland species. Wetland and
upland plants will mix toqether at this transition zone. The methodolodv
used to determine this boundary shall be the same methodolody
utilized in the N.Y.S.D.E.C. Technical Methods Statement relatind
to the Freshwater Wetlands Act: td wit, if the innermost portion of
a wetland is effectively 100 percent wetland plants, the next
concentric rinq shows an area of 75 percent wetland species, and
the outer rind is a 50 percent mix where the competitive advantacle
of upland species is demonstrated, the boundary line will be drawn
at the mid-point of the outer rind. Where a site is dominated by
facultative species which are characteristic of Lond Island wetlands,
such as red maple (Acer rubrum) and black tupelo (Nyssa svlvatica),
a community approach shall be used in determinind the wetland
boundary. The test of what constitutes a wetland community will be
satisfied if the species are those included in the description of natural
wetland community types as documented by the New York Natural
Herita.ae Pro,ram in the March 1990 manual entitled "Ecolooical
Communities of New York State."
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in
Subsection A(2) and lying within seventy-five (75) feet landward
of the most landward edge of such a tidal wetland wetland boundary
of such tidal wetland.
FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, §24 0107,
Subdivisions 1 (a) to 1 (d) inclusive, of the Environmental Conservation
Law of tho State of Now York; and
(1 ~ "Freshwater wetlands" means lands and waters in the town which
contain any or all of the following:
fa) lands and submerged lands commonly called marshes,
swamps, sloughs, bogs, and flats supporting aquatic or semi-
aquatic vegetation of the following types:
(1) wetland trees, which depend upon seasonal or permanent
flooding or sufficiently water-logged soils to give them a
competitive advantage over other trees; including, among
others, red maple (Acer rubrum), willows (Salix spp.), black
spruce (Picaa mariana); swamp white oak (Quercus bicolor),
red ash (Fraxinum penns¥1vanica), black ash (Fraxinus nigra),
silver maple (Acer saccharinum), American elm (Ulmus
americana), and larch (Larix laricina);
(2) wetland shrubs, which depend upon seasonal or
permanent flooding or sufficiently water-logged soils
to give them a competitive advantage over other shrubs;
including, among others, alder (Alnus spp.), buttonbush
(Cephalkanthus occidentialis), bog rosemary fAndromeda
glaucoph¥11a), do~woods (comus spp.), and leatherleaf
(Chamaedaphne calvculata);
(3) emergent vegetation, including, among others, cattails
(Tvpha spp.), pickerelweed (Pontederia cordata), bulrushes
(Scirpus spp.), arrow arum (Peltandra vir~inica), arrowheads
(Sagittaria spp.}, reed (Phraqmites communis), wildrice
(Zizania aquatica), bur-reeds (Sparganium spp.~, purple
Ioosestrife fLythrum salicaria), swamp Ioosestrife (Decodon
verticillatus), and water plantain fAlisma plantaqoaquatica);
2
(4) rooted, floatinq-leaved vegetation; includinq, among others,
water-lily (Nymphaea odorata), water shield (Brasenia schreberi),
and spatterdock (Nuphar spp.);
(5) free-floatinq vecletation; includincl, among others, duckweed
(Lemna spp.)l big duckweed (Spirodela poIvrhiza), and
watermeal (Wolffia
(6) wet meadow vecletation, which depends upon seasonal
or permanent flooding or sufficiently water-logcled soils to
clive it a competitive advantacle over other open land
vegetation; including, amon(~ others, sedges (Carex spp.),
rushes (Juncus spp.), cattails (Typha spp.), rice cut-clrass
(Leersia oryzoides), reed canary clrass (Phalaris arundinacaa),
swamp Ioosestrife (Decodon verticillatus), and spikerush
(Eleocharis spp.):
(7) bog mat vegetation; including, amoncl others, sphagnum
mosses (Sphaclnum spp.), bog rosemary (Andromeda
glaucophvila), leathedeaf (Chamaedaphne calvculata),
pitcher plant (Sarracanis purpurea), and cranberries
(Vaccinium macrocarpon and V. oxvcoccos);
(8) submerclent vecletation; includincl, among others,
pondweeds (Potamocleton spp.), naiads (Naias SPD.)
bladderworts (Utricularia spp.), wild celery (Vallisneria
americana), coontail (Ceratophvllum demersum), water
milfoils (Myriophvllum spp.) muskclrass (Chara spp.),
stonewort (Nitella spp.), water weeds (Elodea spp.),
and water smartweed (Polv(~onum amphibium);
(b) lands and submercled lands containincl remnants
of any vegetation that is not aquatic or semi-aguatic
that has died because of wet conditions over a
sufficiently Ion(~ period, provided that such wet conditions
do not exceed a maximum seasonal water depth of six
feet and provided further that such conditions can be
expected to persist indefinitely, barrincl human intervention;
(c) lands and waters substantially enclosed by a(~uatic or
semi-aguatic ve(~etation as set forth in paragraph (a) or be
dead vegetation as set forth in paragraph (b), the regulation
of which is necessary to protect and preserve the acluatic
and semi-acluatic vecletation: and
(d) the waters overlvin~ the areas set forth in (a) and (b) and
the lands underlyinq
(2) All land immediately adjacent to a "freshwater wetland," as
defined in Subsection B(1 ) and lying within seventy-five (75) feet
landward of the most landward edge of a "freshwater wetland"
wetland boundary.
II. This local law shall take effect upon filing with the Secretary of State.
* Underline represents additions
Strikethrough represents deletions
WETLDS97.DOC
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JULY 7, 1998
5:00 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO REVISING THE
DEFINITION OF FRESHWATER WETLANDS".
Present:
Supervisor Jean W. Cochran
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboskl
Absent:
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
COUNCILMAN MOORE: "Public Notice is hereby given that there has been
presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 9th day of June, 1998, a Local Law entitled, "A Local Law
in Relation to Revising the Definition of Freshwater Wetlands:. Notice is
further given that the Town Board of the Town of Southold will hold a
public hearing on the aforesaid Local Law at the Southold Town Hall,
53095 Main Road, Southold, New York, on the 7th day of July, 1998, at
5:00 P.M., at which time all interested persons will be heard. This
proposed "Local Law in Relation to Revising the Definition of Freshwater
Wetlands" which reads as follows:
A Local Law in Relation to Revising the Definition of Freshwater Wetlands
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 97-12 (Exceptions) is hereby amended as follows:
(7) The ordinary and usual maintenance or repair of a
man-made Dond that is created bv usinq an artificial
seal to prevent water from seepinq into the ¢~round and
activities disturbinq the boffom lands of, and wetlands
adjacent thereto.
pg 2 - PH
2. Section 97-13 (Definitions) is hereby amer~ded as follows:
BOUNDARIES OF A WETLAND OR WETLAND BOUNDARY - The
outer limit of the veqetation specified in the definition of freshwater,
brackis or tidal wetland, The wetland boundary is to be defined and
flagged at the point where existinq wetland indiCator species no fonqer
have a competitive advantage over upland species. Wetland and
upland plants will mi:(toqether at this transition zone. The methodoloc~y
used to determine this boundary shall be the same methodoloqy
utilized in the N.Y.S.D.E.C. Technical Methods Statement relating
to the Freshwater Wetlands Act: to wit, if the innermost portion of
a wetland is effectively 100 percent wetland plants, the next
concentric ring shows an area of 75 percent wetland species, and
the outer ring is a 50 percent mix where the competitive advantage
of upland species is demonstrated, the boundary line will be drawn
at the mid-point of the outer rin(~. Where a site is dominated by
facultative species which are characteristic of Long Island wetlands,
such as red maple (Acer rubrum) and black tupelo (Nvssa svlvatica),
a community approach shall be used in determinin(3 the wetland
boundary. The test of what constitutes a wetland community will be
satisfied if the species are those included in the description of natural
wetland community tvpes as documented by the New York Natural
Heritage Proclram in the March 1990 manual entitled "Ecological
Communities of New York State."
WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L.
No. 6-1985]:
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in
Subsection Al2) and lying within seventy-five (75) feet landward
of the most landward edge of ouch a tidal wetland wetland boundary
of such tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, §24-0107,
Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation
Law of the State of New York; Dzr
(2) 'Freshwator wetlands" moans AI_JI lands and waters in the town which
contain any or all of the following:
pg 3 - PH
(al lands and submerged lands commonly celled marshes,
swamps, sloughs, bocls, and flats supportinq aquatic or semi-
aquatic vegetation of the followinq tvPes:
(1) wetland trees, which depend u~on seasonal or permanent
floodinQ or sufficiently water-lo~ed soils to ~ive them a
competitive advantage over other tre~s; including, among
others, red maple (Acer rubrum), willows (Salix spp.~,, black
spruce CPicea mariana); swamp white oak (Quercus bicelor),
red ash (Fraxinum pennsvlvanice), black ash (Fraxinus nigra),
silver maple (Acer saccharinum), American elm (UImus
americana), and larch (Larix laricina); or
(2) wetland shrubs, which depend upon seasonal or
permanent floodinq or sufficiently water-logqed soils
to qive them a competitive advantaqe over other shrubs;
includinCh amonq others, alder (Alnus spp,), buttonbush
(Cephalkanthus occidentialis), bom rosemary (Andromeda
glaucophylla), dogwoods (comus spp.), and leatherleaf
(Chamaedaphne celvculata); or
(3) emerqent vegetation, includinch amonq others, cattails
(Tvpha spp.), pickerelweed (Pontederia cordata), bulrushes
(Scirpus spp.), arrow arum (Peltandra virgin cel, arrowheads
(Saqittaria spp.), reed ('Phragmites communis), wildrice
(Zizania aquatioa/, bur-reeds ¢Spar~3anium spp.), purple
Ioosestrife ('Lvthrum saliceria), swamp Ioosestrife (Decodon
verticillatus), and water plantain (Alisma planta(~oacluatica);
o._[r
(4) rooted, floatin.a-leaved veqetation: including, amon(~ others,
water-lily (Nvmphaea odorata), water shield (Brasenia schreberi),
and spatterdock (Nuphar spp.); or
(5) free-floafinq veaetation; includinq, amonq others, duckweed
(Lemna spp.), biq duckweed ~Spirodela polvrhiza), and
watermeal ('Wolffia sop.); or
(6) wet meadow ve.qetation, which depends upon seasonal
or permanent floodinq or sufficiently water-log.~ed soils to
give it a competitive advantage over other open land
vegetation: includinc~, amonq others, sedc~es (Carex
rushes (Juncus sop.), caffails (Typha sop.), rice cut-~rass
(Leersia oryzoides), reed cenary grass (Phalaris arundinacea),
swamp Ioosestrffe (Decodon verticillatus), and soikerush
(Eleochads SOP,): or
pg ~t - PH
(7) boc~ mat veeetation; includinq, amonQ others, sphaqnum
mosses (Sphagnum spp. I, boq rosemary (Andromeda
.qlaucophvlla), leathedeaf (Chamaedaphne calvculatal,
pitcher plant (Sarracenis punourea), and cranberries
(Vaccinium macrocarpon and V. oxycoccos/; or
(81 submerqent vegetation; Jncludinq, amonq others,
pondweeds CPotamoqeton spp. I, naiads (Naias spp./
bladderworts CUtricularia spp.l, wild celery (Vallisneria
americenal, coontail (Ceratophvllum demersuml, water
milfoils (Myriophyllum spp. I muskQrass ('Chara
stonewort (Nitella spp.), water weeds (Elodea spp. I,
and water smartweed (PolyQonum amphibiuml; or
(bi lands and submer.qed lands containin~ remnants
of any veQetation that is not aquatic or semi-aquatic
that has died because of wet conditions over a
sufficiently Ionq period, provided that such wet conditions
do not exceed a maximum seasonal water deptl~ of six
feet and provided further that such conditions can be
expected to persist indefinitely, barrinq human intervention;
(cl lands and waters substantially enclosed by aquatic or
semi-aquatic vegetation as set forth in paraqraph (al or be
dead vecletation as set forth in parac~raph (bi, the re.qulation
of which is necessary to protect and preserve the aquatic
and semi-aquatic vegetation; and
(d) the waters overlvinQ the areas set forth in (a) and (b) and
the lands underlvinQ (cl.
(2) All land immediately adjacent to a 'freshwater wetland," as
defined in .either Subsection B(1) or Subsection B(2/and lying within
seventy-five (75) feet landward of the most landward ~dgc cf c
"frochwater wotland" wetland boundary.
pg 5 - PH
II. This local law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
Strikethrough represents deletions
Copies of this Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: June 2u,, 1998.
Elizabeth A. Neville." What this does in a nutshell is revise the definition
that we have in our Town Code on freshwater wetlands. Presently we have
relied solely on a DEC Freshwater Wetlands Map. If your property is
marked on DEC map you fall within the Trustees' jurisdictions incorporated
in their ordinance. Someone along the llne years ago when that happened
an old freshwater definition got dropped out, and that was simply looking
at the wetlands, and describing them as freshwater wetlands, and giving
the Trustees jurisdiction over that, so these are parcels that do not appear
on the DEC map, but are by definition a type of species on the freshwater
wetlands, and the Trustees brought that to our attention, and this Local
Law would give the Trustees back jurisdiction they had years ago over
freshwater wetlands, which do not appear on the DEC map now, instead of
a nice circle. Hopefully that explains what we are doing. It went to
County Planning. It is considered a matter of local determination. There is
an affidavit of publication that it was on the Town Clerk's Bulletin Board,
and an affidavit of publication from the Traveler-Watchman, and there is no
correspondence other than described.
SUPERVISOR COCHRAN: Thank you, Bill. Is there anyone that would like
to address the Board in relation to the "Local Law Revising the Definition
of Freshwater Wetlands"? (No response.) If not, I will close the hearing.
Southold Town Clerk
4. The actuarial present value
of the additional retirement ben-
efits payable,pursuant to the pro-
visions of this'lo,al taw shah be
paid as one lump sum,or in fwe
annual installments. The amount
of the annual pennant shg, tl be
detenninadbylbe actuary of the
New York Slat~ and Local Em-
ployees' Refi~mi~at Syatam, and
~t shall be Imid. by the Town of
Southold for ~ach employee
who receives ti~ ~tirement ben-
efits payable under this tubal
.5. This act shall take effect
August 15, I ~98.
Copies of this Legal Law are
available in the Office of the
Town Clerk to any interested
persons during bu~;iness hours.
Dated: Jane 2il, 1998
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
t X-7/2/98(2051
LEGAL NOTICE
NOTICE OF PUBLIC
HEARING ON LOCAL
LAW
PUBLIC NOTICE IS
HEREBY GIVEN that there
has been presented to the Yown
Board o~'the To'va of Southold.
Suffolk County, New Yorkl on
the 9th day of Jug,e, 1998, a Lo-
cal Law kntitled. A Local Law
m Relation to Revising the Defi-
nition of Freshwater Wetlands"
NOTICE IS FURTHER
GIVEN that the Town Board of
the Town of Southold will hold
a public hearing on ~e afore-
said Local. Law at'thg?0uthold
Town Hall, 53095 J~[~/ig Road,
Southold, New, Y0fld?66 the 7th
day of July 1998,'at 5:00 P.M.,
at which time alii interested per-
sons will be heard~- ~ · ~
This proposed "tL~t Law in
Relation to Revisi~? the Deft7,
nition of Freshwal~t:W~tlands
which reads as folinwg: .
LOCAL EAWNOY- 1998
A Local Law in'Relation to
Revising the D~finition of
Fresh'water Wetlands
BE IT ENACTED, by the
Town Board of the Town of
Sonthotd as follows:
h Chapter 97 (Wetlands) of
the Code of the Town of
Southold as follows:
1. Section 97-12 (Exce~ions)
is hereby amended as follows:
(7) The 6tdi~iary a~d u~ual
maintenance'ocr~.~qr Ora man-
made pond that ~;:i~reated 'by
using an artificial seal toprevent
water from seeping into the
ground and activtties disturbina
the bottom land~; of. and wet-
lands adjacent thereto.
2. Section 97-13 (Definitions)
is hereby amended as follows:
BOUNDARIES OF A WET-
LAND OR WETLAND
BOUNDARY - The outer limit
of the vegetation specified in the
de(in trion of freshwater, brack-
ish or tidal Wetland. 'Fh¢ wetland
boundary is to be all, tined and
flagged at the point ~'heru ex-
isting wetland-indicator Sl~ecies
no longer have a ¢olnpetitive
advantage over upland speCies.
Wetlandand upland plants will
mix together at this transition
zone. The methodology used tO
determine this bqtlndaty shall be
the same meth~otogy utilized
in the N.Y.S.D.E.C. Technical
Methods Statement relating to
the FmshwaterWetlands Act: to
wit. if the innermost portion of
a wetland is effectivel~z 100 per-
cent wetland plants, thc next
concentric ring shows an area of
7'; nercenLwetland snecies, and
ehe outer rrna IS a 50 percent mix
where the competitive advan-
tage of upland species is dem-
onstrated, the boundary line will
be drawn atthe mid-p,3iat of thc
outer ring. Where a site is domi-
nated by facultative species
which are characteristic of Lone
Island wetlands, such as rea
maple (Acer rubrum) and black
tupelo (Nyssa svlvatica), a com-
munity approach shall be used
n determining the wetland
boundary. The test of what con-
stitutes a wetland community
will be satisfied if the species
are those included in the de-
scription of natural wetland
community types as docu-
mented by t'he New York Natu-
ral Heritaec Program in the
March 1990 mauual entitled
'Ecoloaical Communities of
New York State."
WETLANDS [Amended 8-
26-1976 by L.L.No. 2-1976~ 3-
26-1985 by I,.L. No. 6-1985];
A. TIDAL WETLANDS:
(3) .&Il hind ilnmediately ad-
jacent to a tidal wetland as de-
fined in Subsectiou At2) and ly-
ing w ~fldn sevenly-live (75) Ibm
landward of the most landwurd
~dge nf ~;uch a tidal wetland
weuam boundaryofsnchtidul
B. FR,ESIIWAFER Wi.I-
LANDS:
(1) 'Ircshx~ te wetlands' s
definec in Article 24, 'litle I,
§24-0107.5;ubdlvisions I (a) lo
I(dl inclt~sivc, of me [',uvimn-
State ol New York: m
~ Iqe h~ ter wellands'
all of thc tbllowmg:
(al lands and submerged kinds
commonly called murshes,
swamps, slnmzhs, bogs, and
'fiats supporting aquatic or semi-
aquatic vegetation of the tbllow-
(11 wetlands trees, which de-
nend upon seasonal or perma-
nent flooding or sufficiently
water-logged soils to give them
a competitive advantage over
other trees: includine, among
others, red maple (Acer
rubrum/, willows (Salix spp./.
black spruce (Picea mariana):
swamp white oak (Quercus bi-
¢olorL red ash (Fraxinum
pennsvlvanica), black ash
(Fraxinus nigra), silver maple
(Acer saccharinumk American
elm (Ulmus americana), and
larch (Larix larcina): or
(2) wetland shrubs, which de-
pend upon seasonal or perma-
nent floodine or sufficiently
water-longed soils to give them
a competitive advama~-e over
other shrubs: includin~among
others, alder (Alnus spp.) but-
tonbush (CephaIkanthus
occidentialis), bog rosemary
(Andromeda elaucophylla'~
dogwoods (co~'nus spp.), and
[eatherleaf (Chamaedaphne
calvculata): or
(3) emement veneration, in-
cluding, m~ona others, cattails
(Tvpha spp. L pickerelweed
(Pontederia cordatak buh'ushes
(Scirpus spp.), arrow arum
(Peltandra viremicaf, arrow-
heads (Sagittaria spp.), reed
(Phragmites con nunis/,
wildrice (Zizania aquatica), bar-
reeds (Spamanium spp.l purple
toosestritk ~'Lvthrum salicarial,
swamp Ioosestrife (Dccodon
vertici[latus'k and water plantain
(Alisma p[antaaaquaticaf: or
(4} rooted, floatina-leaved
vegetation: including, amoug '
others, water-lily (Nvmphaea
odorata), water shield (Brasenia
schreberi/ and spatterdock
(Nuphur spp,k or
(5) free-floating ;'egetationk
includinm amon~ others, duck-
weed (Lemna spp./, big duck-
weed (Spirodela polyrhizM, and
watermeal (Wolffia spp.): nr
(6) wet meadow vegetation,
which depends ul~on seasonal or
permanent flooding or suffi-
cientlv water-lo,ted soils to
give it a competit'fxYe advantage
over other open kind vegetation:
including, among others, sedaes
(Carex spp.), rushes (Juncus
spp.), cattails (Typha spp3, rice
cut-~rass (Leersia orvzoidcs/,
reed canary arass (Phalaris
arundinaceak swamp IoosestriIb
(Decodon verticillatus/, and
5:
July sworn, says that
dinator, of the TRAV-
ic newspaper printed
mty; and that the no-
d is a printed copy,
] Traveler Watchman
g on the 2~
......... ~ ............. day of
................
(Chum sp~.), stoncwort (Nhellu .....................................
2PP.). x~uter ~ceds (Idoclcu
spp.), and waler smartweed 'ubiic
(DoJv2onunl amph[binm); or
(b) hulds und subnlcr~cd luuds $. SCHNEIDER
- :, State 0i New York
oration thut is uot uclnutic ~r 48068~
~ Sufl~kC~ I
~ ~ded tlmt ~uc/t w~t condit'ions
~ona[ water depth of six l~et and
provided/hrther that such con-
ditions can be expected to per-
sist indefinitely, barrin~ human
(c) lands and waters substan-
tially enclosed by aquatic or
senmaquatic vegetation as set
fo~h in .paragraph (a] or be dead
~raph (bL the regulation of
which is necessar~ to protect
and preserve the hquatic and
(d) the waters overlvin~ the
areas set fo~h in (al and (~ and
the lands underlvin~ (c}.
(2) All land i~m~diately ad-
jacent to a "freshwater wetland,"
as defined in eithe[ Subsection
B( I ) or Subsection B(2} and ly-
tug within seventy-five (75) feet
landward of the most landward
ed~c of a "freshwater wetland'
wetland boundary.
Ih This local law shall take
eftbct upon filing with the Sec-
retary of State.
Underline represents additions
Strike through represents de-
letions
Copies of'this Local Law are
available in the Office of the
Town C[erk to any interested
persons during business hours.
Dated: June 24, 1998
ELIZABETH A. NEVILLE
SOUTHOLD TOWN
CLERK
I X7/2/98(204)
nam mosses (Sphagnum spp.)
bo..z rosemary (Andromeda
elaucophvlla), leathcrlcaf
(Chamaedaphne calvculatal,
pitcher plaut (Sarracenis
purpureaL and cranberries
(Vuccinimn macrocm-pon uad
V. oxvcoccos'}: or
(8) submergcnt veaetation;
including, amone others, pond-
weeds tPotamogeton spp.) na-
iads (Naias spp.'} bladderworts
(Utricnlaria spp.), wild celery
(Vallisneria americanu),
coontail (Ccratophvllum
spikerush (Eleocharis spp./: or
(7) bo~ mat veeetat~on: in-
clnding, amona nthers, spha~ .......................... weeks
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FI{EEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
$outhold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 24, 1998
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town
Board of the Town of Southold, at the Southold Town Hall, 53095 Main
Road, Southold, New York, at 5:00 P.M., Tuesday, July 7, 1998, on a
"Local Law in Relation to Revising the Definition of Freshwater Wetlands",
a copy of which is attached hereto.
Please sign the duplicate copy of this letter and return to me in the
enclosed self-addressed, stamped envelope. Thank you,
Attachment
cc: Suffolk County Department of Planning~/
Long Island State Park Commission
Village of Creenport
Town of Shelter Island
Town of Riverhead
Town of Southampton
Southold Town Planning Board
Southold Town Board of Appeals
Southold Town Building Department
Southold Town Board of Town Trustees
., ' i~y Title
Date
RECEIVED
Southo{d Town C~e~'k
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
ROBERT J OAFFNEY
SUFFOLK COUNTY EXECLFRVE
STbPHEN ~4 JONES, A.I.C P.
DIRECTOR OF PLANNING
June 26, 1998
Town Clerk
Town of Southold
Genllemen:
Re:
Proposed amendments to Chapter 97 of the Code of
Ordinances of the Town of Southold (public hearing:
7/7/98).
Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above
referenced applications are not within the jurisdiction of the Suffolk County Planning Commission.
Very truly yours,
Stephen M. Jones
Director of Planning
GGN:cc
C\111CC~ONINGtZONING/WORKING\NON JUR\98NJ WPDIBR#7 JUN
S/s Gerald G. Newman
Chief Planner
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Bax 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
P.~C~IYED
Oul~ ~ (998
~ou~hold Town Clerk
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 24, 1998
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town
Board of the Town of Southold, at the Southold Town Hall, 53095 Main
Road, Southold, New York, at 5:00 P.M., Tuesday, July 7, 1998, on a
"Local Law in Relation to Revising the Definltlon of Freshwater Wetlands",
a copy of which is attached hereto.
Please sign the duplicate copy of this letter and return to me in the
enclosed self-addressed, stamped envelope. Thank you.
Eli~beth A. N~vt~le
Southold Town Clerk
Attachment
cc: Suffolk County Department of P!annirjg
Long Island State Park Commlss~onl/
Village of Greenport
Town of SheJter Island
Town of Riverhead
Town of Southampton
Southold Town Planning Board
Southold Town Board of Appeals
Southold Town Building Department
Southold Town Board of Town _Trustees
Received By Title
Date
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 24, 1998
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town
Board of the Town of Southold, at the Southold Town Hall, 53095 Main
Road, Southold, New York, at 5:00 P.M., Tuesday, July 7, 1998, on a
"Local Law in Relation to Revising the Definition of Freshwater Wetlands",
a copy of which is attached hereto.
Please sign the duplicate copy of this letter and return to me in the
enclosed self-addressed, stamped envelope. Thank you.
Attachment
CC:
Suffolk County Department of Planning
Long Island State ParJ~ Commission
Village of Greenport,~
Town of Shelter Island
Town of Riverhead
Town of Southampton
Southold Town Planning Board
Southold Town Board of Appeals
Southold Town Building Department
Southold Town Board of Town Trustees
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
RECEIVED
JUN 2 1998
Southold Town Clerk
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 2q, 1998
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town
Board of the Town of Southold, at the Southold Town Hall, 53095 Main
Road, Southold, New York, at 5:00 P.M., Tuesday, July 7, 1998, on a
"Local Law in Relation to Revising the Definition of Freshwater Wetlands",
a copy of which is attached hereto.
Please sign the duplicate copy of this letter and return to me in the
enclosed self-addressed, stamped envelope. Thank you.
Attachment
cc:
Suffolk County Department of Planning
Long Island State Park Commission
Village of Greenport /
Town of Shelter Island'
Town of Riverhead
Town of Southampton
Southold Town Planning Board
Southold Town Board of Appeals
Southold Town Building Department
Southold Town Board of Town Trustees
~eceived By
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Eco Ds AGEM NT O FICE
FRE~L~O RMATION OFFICER
JUN 2 1998
~outhold Town Clerk
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 2q, 1998
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telepbone (516) 765-1800
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town
Board of the Town of Southold, at the Southold Town Hall, 53095 Main
Road, Southold, New York, at 5:00 P.M., Tuesday, July 7, 1998, on a
"Local Law in Relation to Revising the Definition of Freshwater Wetlands",
a copy of which is attached hereto,
Please sign the duplicate copy of this letter and return to me in the
enclosed self-addressed, stamped envelope. Thank you.
Attachment
cc: Suffolk County Department of Planning
Long Island State Park Commission
Village of Greenport
Town of Shelter Islgnd
Town of Riverheadv
Town of Southampton
Southold Town Planning Board
Southold Town Board of Appeals
Southold Town Building Department
/~ut~ld Town Board of Town Trustee~
Received By Title
z/a l
Date
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
RECEIVED
$outho~d Town C~erk
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 2~,, 1998
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town
Board of the Town of Southold, at the Southold Town Hall, 53095 Main
Road, Southold, New York, at 5:00 P.M., Tuesday, July 7, 1998, on a
"Local Law in Relation to Revising the Definition of Freshwater Wetlands",
a copy of which is attached hereto.
Please sign the duplicate copy of this letter and return to me in the
enclosed self-addressed, stamped envelope. Thank you.
SoltholdTc'w~n ~
Attachment
cc: Suffolk County Department of Planning
Long Island State Park Commission
Village of Greenport
Town of Shelter Island
Town of Riverhead
Town of SouthamptonV~'
Southold Town Planning Board
Southold Town Boa. r.d. of Appeals
Southold Town Bulldln~partment
Southold Town Board o~ Tbwn Trustees
Received By Title
D~te /
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 2~, 1998
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town
Board of the Town of Southold, at the Southold Town Hall, 53095 Main
Road, Southold, New York, at 5:00 P.M., Tuesday, July 7, 1998, on a
"Local Law in Relation to Revising the Definition of Freshwater Wetlands",
a copy of which is attached hereto.
Please sign the duplicate copy of thls letter and return to me in the
enclosed self-addressed, stamped envelope. Thank you.
Attachment
cc:
Suffolk County Department of Planning
Long Island State Park Commission
Village of Greenport
Town of Shelter Island
Town of Riverhead
Town of Southampton /
Southold Town Planning Board
Southold Town Board of Appeals
Southold Town Building Department
Southold Town Board of Town Trustees
R~ceived By
Title
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (5161 765-1800
REC[IVI b
JIJN Z 5
.~OUlhoid Iown Clerk
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 24, 1998
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town
Board of the Town of Southold, at the Southold Town Hall, 53095 Main
Road, Southold, New York, at 5:00 P.M., Tuesday, July 7, 1998, on a
"Local Law in Relation to Revising the Definition of Freshwater Wetlands",
a copy of which is attached hereto.
Please sign the duplicate copy of thls letter and return to me in the
enclosed self-addressed, stamped envelope. Thank you.
Neville
$outhold Town Clerk
Attachment
CC:
Suffolk County Department of Planning
Long Island State Park Commission
Village of Greenport
Town of Shelter Island
Town of Riverhead
Town of Southampton
Southold Town Planning Board . /
Southold Town Board of Appeals~'
Southold Town Building Department
Southold Town Board of Town Trustees
Received By
Title
Date
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 24, 1998
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town
Board of the Town of Southold, at the Southold Town Hall, 53095 Main
Road, Southold, New York, at 5:00 P.M., Tuesday, July 7, 1998, on a
"Local Law in Relation to Revising the Definition of Freshwater Wetlands",
a copy of which is attached hereto.
Please sign the duplicate copy of this letter and return to me in the
enclosed self-addressed, stamped envelope, Thank you,
Attachment
cc:
Suffolk County Department of Planning
Long Island State Park Commission
Village of Greenport
Town of Shelter Island
Town of Riverhead
Town of Southampton
Southold Town Planning Board
Southold Town Board of Appeals j
Southold Town Building DepartmentU'
Southold Town Board of Town Trustees
Title
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MAN,~GEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
P. ECE:~vED
JUN 2 5
June 24, 1998
Southold Town Clerl~
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town
Board of the Town of Southold, at the Southold Town Hall, 53095 Main
Road, Southold, New York, at 5:00 P.M., Tuesday, July 7, 1998, on a
"Local Law in Relation to Revising the Definition of Freshwater Wetlands",
a copy of which is attached hereto.
Please sign the duplicate copy of this letter and return to me in the
enclosed self-addressed, stamped envelope. Thank you.
Attachment
CC:
Received
Suffolk County Department of Planning
Long Island State Park Commission
Village of Greenport
Town of Shelter Island
Town of Riverhead
Town of Southampton
Southold Town Planning Board
Southold Town Board of Appeals
Southold Town Building Department
Southold Town Board of Town Trustees~'
Title
Date
LEGAL NOTICE
NOTICE OF PUBLIC HEARING ON LOCAL LAW
PUBLIC NOTICE IS HEREBY GIVEN that there has been presented
I to the Town Board of the Town of Southold, Suffolk County, New York,
on the 9th day of June 1998, a Local Law entitled, 'A Local Law
i in Relation to Revising the Definition of Freshwater Wetlands"".
NOTICE I.$ FURTHER GIVEN that the Town Board of the Town of
$outhold will hold a public hearing on the aforesaid Local Law at the
Southold Town Hall, 53095 Main Road, Southold, New York, on the
7th day of July 1998, at 5:00 P.M., at which time all interested
persons will be heard.
This proposed "Local Law in Relation to Revising the Definition of
Freshwater Wetlands" which reads as follows:
LOCAL LAW NO. ~ 1998
A Local Law in Relation to Revising the Definition of Freshwater Wetlands
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 97-12 (Exceptions) is hereby amended as follows:
(7) The ordinary and usual maintenance or repair of a
man-made pond thatis created by usinQ an artificial
seal to prevent water from seepin.cl into the clround and
activities disturbin.c] the bottom lands of. and wetlands
adiacent thereto.
2. Section 97-13 (Definitions) is hereby amended as follows:
BOUNDARIES OF A WETLAND OR WETLAND BOUNDARY - The
outer limit of the ve.cletation specified in the definition of freshwater.
brachis or tidal wetland. The wetland boundary is to be defined and
fla~cled at the point where existinci wetland indiCator speci'es no foncler
have a competitive advanta.cle over upland species. Wetland and
upland plants will mix toclether at this transition zone. The methodolo.c]¥
used to determine this boundary shall be the same methodolo.Cly
utilized in the N.Y.S.D.E.C. Technical Methods Statement relatinq
to the Freshwater Wetlands Act: to wit. if the innermost portion of
a wetland is effectively 100 percent wetland plants, the next
concentric rin~ shows an area of 75 percent wetland species, and
the outer rinc~ is a 50 percent mix where the competitive advantage
of upland species is demonstrated, the boundary line will be drawn
at the mid-point of the outer dna. Where a site is dominated by
facultative species which are characteristic of Lonc~ Island wetlands,
such as red maple (Acer rubrum) and black tupelo (Nyssa svlvatica),
a community approach shall be used in determinin~ the wetland
boundary. The test of what constitutes a wetland community will be
satisfied if the species are those included in the description of natural
wetland cemmunitv types as documented by the New York Natural
Heritaqe Pro.cram in the March 1990 manual entitled 'EcoloQical
Communities of New York State."
WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L.
No. 6-1985]:
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in
Subsection A(2) and lying within seventy-five (75) feet landward
of the most landward edge of cuoh a tidal wetland wetland boundary
of such tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, §24-0107,
Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation
Law of the State of New York; o~
(2) "Freshwater wetlands" means Alii lands and waters in the town which
contain any or all of the followincl:
fa) lands and submer~ed lands commonly celled marshes,
swamps, sloughs, bocls, and flats supportin¢l aquatic or semi-
aquatic vecletation of the followincl tvpes:
fl) wetland trees, which depend upon seasonal or permanent
fioodin(~ or sufficiently water-loci.sled soils to ¢~ive them a
competitive advanta.qe over other tre~s; includin¢~, amon¢~
others, red maple (Acer rubrum), willows CSalix spp.), black
spruce (Picea mariana);.swamp white oak (Quercus bicolor),
red ash fFraxinum pennsylvanica), black ash fFraxinus ni.ara),
silver maple rAcer saccharinum), American elm fUlmus
americana), and larch fLarix laricina); or
f2) wetland shrubs, which depend upon seasonal or
permanent floodin.q or sufficiently water-loQQed soils
to .qive them a competitive advanta.ae over other shrubs;
includinq, amon~ others, alder (Alnus spp.), buttonbush
(Cephalkanthus ocoidentialis), boq rosemary fAndromeda
glaucophylla), doc~woods (comus spp.~, and leatherleaf
(Chamaedaphne calyculata); or
f3) emer.qent vegetation, including, amon~ others, cattails
(Typha spp.), pickerelweed (Pontederia cordata), bulrushes
(Scirpus spp.), arrow arum fPeltandra virc~inica), arrowheads
(Sa~ittaria spp.), reed (Phraqmites communis), wilddce
(Zizania aquatica), bur-reeds fSparclanium spp.), purple
Ioosestrife fLythrum salicaria), swamp Ioosestrife fDecodon
verticillatus), and water plantain fAlisma plantaqoaQuatica};
o_r
(4) rooted, floatinq-leaved vecletation; including, amonQ Others,
water-lily fNYmphaea odorata}, water shield fBrasenia schreberi),
and spatterdock ('Nuphar spp.}; or
(5) free-f oat nq ve.qetat on; includin¢~, amon¢l others, duckweed
fLemna spp.), bi~ duckweed (Spirodela polyrhiza), and
watermeal fWolffia spo.); or
(6) wet meadow ve.qetation, which depends upon seasonal
or permanent floodin~ or sufficiently water-lo.~ged soils to
.~ive it a competitive advantape over other open land
veqetation; including, amon~ others, sedcms (Carex spp.),
rushes fJuncus spp.), cattails fTvpha spp.), dca cut-clrass
fLeersia orvzoides), reed canary orass fPhalaris arundinacea),
swamp Ioosestrife (Decodon verticillatus), and spikerush
fEleochads spp,); or
(7) bog mat ve.qetation; includin.q, amon.q others, sphagnum
mosses (Spha.qnum spp.), bo.q rosemary (Andromeda
.qlaucophvlla), leathedeaf (Chamaedaphne calvculata),
pitcher plant (Sarracenis puroureaL and cranberries
(Vaccinium macrocamon and V. oxvcocces): or
(8) submer.qent ve.qetation; includin~q, amon.q others,
pondweeds (Potamo~qeton spp.), naiads (Naias sop.)
bladderworts (Utricularia sop.), wild celery (Vallisneria
americana), coontail (Ceratophvllum demersum), water
milfoils (Myriophvllum spp.) musk~qrass (Chara spp.),
stonewort (Nitella spp.), water weeds (Elodea sop.),
and water smartweed (Polvgonum amphibium); or
(b) lands and submerged lands containin.q remnants
of any vegetation that is not a.quatic or semi-a.quatic
that has died because of wet conditions over a
sufficiently Ionq period, provided that such wet conditions
do not exceed a maximum seasonal water depth pt six
feet and provided further that such conditions can be
expected to persist indefinitely, barrin.q human intervention;
(c) lands and waters substantially enclosed by aquatic or
semi-aquatic vegetation as set forth in paragraph (al or be
dead vegetation as set forth in paraqraph (b), the reaulation
of which is necessary to protect and preserve the aquatic
and semi-aquatic vegetation; and
(d) the waters overlvin.q the areas set forth in (a) and (b) and
the lands underlyin~q (c).
(2) All land immediately adjacent to a "freshwater wetland," as
defined in either Subsection B(1) or Subsection B(2~ and lying within
seventy-five (75) feet landward of the most landward cdgc cf ~
"frechwater wetland" wetland boundary.
II. This local law shall take effect upon filing with the
Secretary of State.
* Underline represents additions
Strikethrough represents deletions
Copies of this Local Law are available in the Office of the Town
Clerk to any interested persons during business hours.
Dated: June 2~.. 1998
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JULY 2, 1998, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE,
TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW
YORK 11971.
Copies to the following:
The Traveler Watchman
Town Board Members
Town Attorney
Chief of Police
Superintendent of Highways
Town Clerk Bulletin Board
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York
being duly sworn, says that on the 2qth day of June 1998
she affixed a notice of which the annexed printed notice is a true copy,
in a proper and substantial manner, in a most public place in the Town of
Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin
Board, Southold Town Hall, 53095 Main Road, Southold, New York.
Notice of Public Hearing on #Local Law In Relation to Revising the Definition
of Freshwater Wetlands#. Public Haering to be held at 5:00 P.M., Thursday,
JUly 7, 1998.
th A. N~ville
Southold Town Clerk
Sworn to before me this
24thday of June , 1998.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
~own Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOVv-N OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED
BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON
APRIL 28. 1998:
WHEREAS there has been presented to the Town Board of the Town of
Southold, on the 28th day of April, 1998, a Local-Law entitled, "A Local
Law in Relation to Revising the Definition of Freshwater Wetlands, now,
therefore, be it
RESOLVED that this Local Law be referred to the Southold Town
Planning Board and the Suffolk County Department of Planning for
recommendations and reports, all in accordance with the Southold Town
Code and the Suffolk County Charter. Said Local Law reads as follows:
LOCAL LAW NO. - 1997
A Local Law in Relation to Revising the Definition of Freshwater Wetlands
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 97-12 (Exceptions) is hereby amended as follows:
(7) The ordinary and usual maintenance or repair of a
man-made pond that is created bv usin.cl an artificial
seal to prevent water from seeping3 into the clround and
activities disturbincl the bottom lands of. and wetlands
adiacent thereto.
2. Section 97-13 (Definitions) is hereby amended as follows:
BOUNDARIES OF A WETLAND OR WETLAND BOUNDARY - The
outer limit of the vegetation specified in the definition of freshwater,
brackis or tidal wetland. The wetland boundary is to be defined and
flac~cled at the point where existinc~ wetland indicator species no Ionc~er
have a competitive advanta~3e over upland species. Wetland and
upland plants will mix to~3ether at this transition zone. The methodolocl¥
used to determine this boundary shall be the same methodoloov
utilized in the N.Y.S.D.E.C. Technical Methods Statement relatinc~
to the Freshwater Wetlands Act: to wit, if the innermost portion of
a wetland is effectively 100 percent wetland plants, the next
concentric rin~3 shows an area of 75 percent wetland species, and
the outer rinQ is a 50 percent mix where the competitive advantaQe
of upland species is demonstrated, the boundary line will be drawn
at the mid-point of the outer rinQ. Where a site is dominated by
facultative species which are characteristic of Lon~ Island wetlands,
such as red maple (Acer rubrum) and black tupelo (Nvssa svlvatica),
a community approach shall be used in determinin.a the wetland
boundary, The test of what constitutes a wetland community will be
satisfied if the species are those included in the description of natural
wetland community types as documented by the New York Natural
Herita.~e PrO.clram in the March 1990 manual entitled "EcoloQical
Communities of New York State."
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in
Subsection A(2) and lying within seventy-five (75) feet landward
of the most landward odge of such a tidal wotland wetland boundary
of such tidal wetland,
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as dofinod in Article 24, Title 1, §2~1 0107,
Subdivisions l(a) to l(d) inclusive, of the Environmental Consorvation
Law of tho State of Now York; and
(1) "Freshwater wetlands" means lands and waters in the town which
contain any or all of the following:
(a) lands and submer~ed lands commonly called marshes,
swamps, slouQhs, bo(~s, and fiats supportin~ a(~uatic or semi-
aquatic vec~etatJon of the followin.a types:
(1) wetland trees, which depend upon seasonal or permanent
floodin(~ or sufficiently water-lo~.aed soils to Qive them a
competitive advantac~e over other trees; includinQ, amonQ
others, red maple ('Acer rubrum), willows ('Salix spic. i, black
spruce (Picea mariana); swamp white oak (Quercus bicolor),
red ash (Fraxinum pennsylvanica), black ash (Fraxinus ni~ra),
silver maple (Acer saccharinum), American elm (Ulmus
americana), and larch (Larix laricina);
(2) wetland shrubs, which depend upon seasonal or
permanent floodin~ or sufficiently water-lo~ed soils
to ~ive them a competitive advantage over other shrubs;
includine, amona others, alder {Alnus spp.), buttonbush
(Cephalkanthus occidentialis), boo rosemary (Andromeda
glaucophvlla), do~woods (comus sop.), and leatherleaf
(Chamaedaphne calvculata);
(3) emergent vegetation, including, among others, cattails
(Tvpha spp.), pickerelweed (Pontederia cordata), bulrushes
(Scirpus spp.), arrow arum (Peltandra virQinica), arrowheads
(Sagittaria spp.), reed (Phraclmites communis), wildrice
(Zizania aguatica), bur-reeds ('Sparganium spp.), purple
Ioosestrife (L~thrum salicaria), swamp Ioosestrife (Decodon
verticillatus), and water plantain (Alisma plantagoaguatica);
('4) rooted, floatin.cl-leaved ve.~etation; including, amon.~ others,
water-lily (Nymphaea odorata), water shield (Brasenia schreberi),
and spatterdock (Nuphar
(5) free-floating vegetation; including, amon.e others, duckweed
(Lemna sop.), big duckweed (Spirodela polvrhiza), and
watermeal (Wolffia
(6) wet meadow vegetation, which depends upon seasonal
or permanent flooding or sufficiently waterqog¢led soils to
give it a competitive advantage over other open land
vegetation; including, among others, sedges (Carex spp.),
rushes (Juncus spp.~, cattails (Typha spp.), rice cut-~rass
(Leersia orvzoides)~ reed canary ~rass (Phalaris arundinacea),
swamp Ioosestrife (Decodon verticillatus), and spikerush
(Eleocharis spp.);
(7) bog mat vegetation; including, among others, sphagnum
mosses (Sphagnum spp.), boo rosemary (Andromeda
glaucophvlla), leatherleaf (Chamaedaphne calvculata),
pitcher plant (Sarracenis purpurea), and cranberries
(Vaccinium macrocarpon and V. oxvcoccos);
(8) submergent vegetation; including, among others,
pondweeds (Potamo.Qeton sPp.), naiads (Naias spp.)
bladderworts (Utricularia spp.), wild celery (Vallisneria
americana), coontail (Ceratophvllum demersum), water
milfoils (Mvriophvllum sop.) muskgrass (Chara spp.),
stonewort (Nitella spp.), water weeds (Elodea spp.),
and water smartweed (Polvgonum amphibium);
('b) lands and submerged lands containing remnants
of anv vegetation that is not aguatic or semi-aquatic
that has died because of wet conditions over a
sufficiently long period, provided that such wet conditions
do not exceed a maximum seasonal water depth of six
feet and provided further that such conditions can be
expected to persist indefinitely, barring human intervention;
(c) lands and waters substantially enclosed by aguatic or
semi-aquatic vegetation as set forth in paragraph (al or be
dead vegetation as set forth in paragraph (b), the reclulation
of which is necessary to protect and preserve the aguatic
and semi-aQuatic vegetation; and
(d) the waters overlvinQ the areas set forth in (a) and (b) and
the lands underl¥in~
(2) All land immediately adjacent to a "freshwater wetland," as
defined in Subsection B(1) and lying within seventy4ive (75) feet
landward of the most landward edge of a "freshwater wetland"
wetland boundarY.
II. This local law shall take effect upon filing with the Secretary of State.
* Underline represents additions
Strikethrough represents deletions
~uthold Town Clerk
April 28, 1998
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORi',{ATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING
HELD ON JUNE 23. 1998:
WHEREAS. there was presented to the Town Board of the Town of
Southold, on the 28th day of April, 1998, a Local Law entitled, "A Local
Law in Relation to Revising the Definition of Freshwater Wetlands", and
WHEREAS, this Local Law was referred to the Southold Town Planning
Board and the Suffolk County Department of Planning, all in accordance
with the Southold Town Code and the Suffolk County Charter, now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets
5:00 P.M., Tuesday, July 7, 1998, Southold Town Hall, 53095 Main
Road, Southold, New York, as the time and place for a public hearing
on this Local Law, which reads as follows:
LOCAL LAW NO. - 199§
A Local Law in Relation to Revising the Definition of Freshwater Wetlands
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 97-12 (Exceptions) is hereby amended as follows:
(7) The ordina~ and usual maintenance or repair of a
man-made pond that is created bv usin.~ an artificial
seal to prevent water from seepin(~ into the around and
activities disturbin(3 the bottom lands of, and wetlands
adiacent thereto.
2. Section 97-13 (Definitions) is hereby amer~ded as follows:
BOUNDARIES OF A WETLAND OR WETLAND BOUNDARY - The
outer limit of the veQetation specified in the definition of freshwater,
bra(his or tidal wetland. The wetland boundary is to be defined and
flaclqed at the point where existincl wetland indicator species no Ibn.qer
have a competitive advantacle over upland species. Wetland and
upland plants will mix toqether at this transition zone. The methodolo.~v
used to determine this boundary shall be the same methodolo.qy
utilized in the N.Y.S.D.E.C. Technical Methods Statement relating1
to the Freshwater Wetlands Act: to wit, if the innermost portion of
a wetland is effectively 100 percent wetland plants, the next
concentric rincl shows an area of 75 percent wetland species, and
the outer rin.q is a 50 percent mix where the competitive advantacle
of upland species is demonstrated, the boundary line will be drawn
at the mid-point of the outer rincl. Where a site is dominated by
facultative species which are characteristic of Loncl Island wetlands,
such as red maple (Acer rubrum) and black tupelo (Nvssa sylvatica),
a community approach shall be used in determininq the wetland
boundary. The test of what constitutes a wetland community will be
satisfied if the species are those included in the description of natural
wetland community types as documented by the New York Natural
Heritacle Proclram in the March 1990 manual entitled "Ecoloclical
Communities of New York State."
WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L.
No. 6-1985]:
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in
Subsection A(2) and lying within seventy-five (75) feet landward
of the most landward edge of such a tidal wetland wetland boundary
of such tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, §24-0107,
Subdivisions l(a) to 1 (d) inclusive, of the Environmental Conservation
Law of the State of New York; 9[
(2) "Freshwater wetlands" means Ali lands and waters in the town which
contain any or all of the followin.q:
(a) lands and submer~ed lands commonly called marshes,
swamps, sloui3hs, bocls, and flats supportinq aquatic or semi-
aquatic veqetation of the followin.q types:
fl) wetland trees, which depend uoon seasonal or permanent
floodinq or sufficiently water- oqqed soils to Clive them a
competitive advantaqe over other tre(~s; including, amonq
other ed maple (Acer rubrum), willows ( 'ix spp.), black
spruce (Picea mariana); swamp white oak (Quercus bicelor),
red ash fFraxinum penns¥1vanica), black ash fFraxinus n gra),
silver maple (Acer saccharinum), American elm (Ulmus
americana), and larch (Larix laricina); or
(2) wetland shrubs, which depend upon seasonal or
permanent floodin~l or sufficiently water-logged so s
to ¢~ive them a competitive advantacle over other shrubs;
including, among others, alder (Alnus spp3, buttonbush
(Cephalkanthus occidentialis), bog rosemary fAndromeda
qlaucephylla), doqwoods (cernus spp.), and leatherleaf
(Chamaedaphne calyculata); or
(3) emergent ve~etat on, includinq, amon~ others, cattails
(Typha spp.), pickerelweed (Pontederia cerdata), bulrushes
(Scirpus spp.), arrow arum ('Peltandra vir~inica), arrowheads
(Sagittaria spp.), reed (Phragmites communis), wildrice
fZizania aquatica), bur-reeds (Spar.clanium spp.), purple
Ioosestrife (Lvthrum salicaria), swamp Ioosestrife (Decodon
verticillatus), and water plantain (Alisma planta.qoaquat ca/;
o_r
(4) rooted, floating-leaved vegetation; including, amon¢l others,
water-lily (NYmphaea odorata), water shield (Brasenia schreberi),
and spatterdock (Nuphar spp.); or
(5) free-floatin.q vegetation; including, amon.q others, duckweed
(Lemna spp.), big duckweed (Spirodela polvrhizal, and
watermeal (Wolffia SPP.); or
(6) wet meadow vegetation, which depends upon seasonal
or permanent flooding or sufficiently waterqogqed soils to
give it a competitive advantage over other open land
ve.qetation; including, among others, sedges (Carex
rushes (Juncus spp.), cattails fTypha spp.), rice cut~rass
(Leersia oryzoides), reed canary grass (Phalaris arundinacea),
swamp Ioosestrife (Decedon verticillatus), and spikerush
fEleocharis spp.); or
(7) boq mat vegetation; including, amon¢~ others, sphagnum
mosses (Sphaclnum spp.), bog roseman/(Andromeda
glaucephvlla), leatherleaf (Chamaedaphne calvculata),
pitcher plant (Sarracenis purpurea), and cranberries
(Vaccinium macrocarpon and V. oxvcocces); or
(8) submereent vegetation; including, amon~ others,
pondweeds (Potamogeton spp.), naiads fNaias spp.)
bladderworts (Utriculada sop.), wild celery (Vallisneria
americana), coontail (Ceratophvllum demersum), water
mil(oils (Myrioph¥11um spp.) muskgrass (Chara spp.),
stonewort (Nitella spp.), water weeds (Elodea spp.),
and water smartweed (Polvgonum amphibium); or
lb) lands and submer.qed lands containinq remnants
of any veqetation that is not aquatic or semi-aquatic
that has died because of wet conditions over a
sufficiently Ion.q period, provided that such wet conditions
do not exceed a maximum seasonal water depth of six
feet and provided further that such conditions can be
expected to persist indefinitely, barrinq human in[ervention;
(c) lands and waters substantially enclosed by aquatic or
semi-aquatic veqetation as set forth in paragraph (al or be
dead veqetation as set forth in paraqraph lb), the requlation
of which is necessary to protect and preserve the aquatic
and semi-aQuatic veqetation; and
(d) the waters overlyinq the areas set forth in (a) and (b) and
the lands underlvin¢~ lc).
(2) All land immediately adjacent to a "freshwater wetland," as
defined in either Subsection B(1) or Subsection B(2~ and lying within
seventy-five (75) feet landward of the most landward ed~
"freshwater wetland" wetland boundary.
II. This local law shall take effect upon filing with the
Secretary of State.
* Underline represents additions
Strikethrough represents deletions
Southold Town Clerk
June 2~1. 1998