HomeMy WebLinkAboutLL #09 2025 DENIS NONCARROW Town Hall,58095 Main Road P.O.
Box 1179
TOWN CLERK Southold,New York 11971 Fax
REGISTRAR OF VITAL (631)765-6145 Telephone(631)
�- � �
STATISTICS MARRIAGE OFFICER 7.65-1806
www.southoldtownn ov
RECORDS MANAGEMENT # Y'g
OFFICER FREEDOM OF
INFORMATION OFFICER. �•l1IJa
OFFICE OF THE_TOWN CLERK.
TOWN"'OF SOUTHOLD
THIS IS TO CERTIFY THAT'THE FOLLOWING RESOLUTION.NO. 2025-868 WAS
ADOPTED AT THE:REGULAR MEETING OF THE SOUTHOLD TOWN BOARD.ON
NO'VEMBER 5,2025;
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 25th day of September,2025, a Local Law entitled"A Local Lave in.
relation to an Amendment to Chapter 275 Wetlands and Shoreline."and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid.
Local Law at which time all interested'persons were given an opportunity to be heard, and
WHEREAS;"thp Town.Board of the Town of Southold classifies this"action as an Unlisted
Action pursuant to the.SEQRA Rules and-Regulations; 6NYCRR 617.1 et. Seq.; and,
WHEREAS,.'the Town of Southold is the only involved agency pursuant to,SEQRA Rules and
Regulations; and;
WHEREAS, the Town Board'of the Town of Southold accepted the Short Environmental Form
for this project that is attached hereto; now, therefore,be it
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action; and, be it further
RESOLVED that the Town.Board of the.Town of Southold hereby ENACTS the proposed Local
Law entitled, `'A Local Law in relation.to.an Amendment to Chapter 275 Wetlands and
Shoreline",which reads as follows:
LOCAL LAW NO'. 202'5
A Local Law entitled, "A Local Lave in relation to an Amendment to.Chapter 275 Wetlands
and.'Shoieline"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. PURPOSE -The Purpose of the amendment is to amend.Chapter 275 Wetlands and
Shoreline.
II. AMENDMENT-The.Southold Town Code is hereby,amended by removing the struck-
through words and adding the underlined words as follows:
§ 275-2.. Definitions; word usage:
B. AS-BUILT PLANS—Plans prepared to scale by a licensed surveyor certified to the
applicant detailing any�aad 1. e current
conditions on the property,highlighting any and all differences from a valid permit.
IMPERVIOUS SURFACE—Any hard-surfaced,man-made area,that sloes not retain or absorb
water,including but not limited'to building roofs,mortared patios,paved parking lots and
driveways, sidewalks and other paved areas,including compacted surfaces such as those made.
with Recycled Concrete Aggregate (RCA) or similar ivaterials that,while not traditionally
Paved,significantly.Iimit infiltration and function as impervious for stormwater nurooses.
INNOVATIVE/ALTERNATIVE (LA) SEPTIC SYSTEM: An onsite wastewater treatment
system that utilizes advanced treatment processes, such as aeration,filtration, or enhanced
biological activity,to reduce nitrogen and other pollutants beyond the levels achieved by
conventional septic systems,as approved for use in Suffolk County by the Suffolk County
Board of Health.
OPEN-GRATE DECKING---Deckitag material desiisnetl to allow light to pass through the
area below,typically through spaced slats or perforations allowing at least 50% of light to
'filter through. Often renuired'for docks,and walkways to preserve aquatic vegetation and
protect the underwater,environment.
ORDINARY AND USUAL MAINTENANCE—Actions on a wetlands-permitted, fiuictional
structure.which do not involve more than 50%,of the entire structure Der calendar.year
and which are required to preserve such stricture in a condition or state of equivalent quality to
that which was approved or required by permit.
VEGETATED NON-TURF BUFFER:A designated area maintained to be at least 50%
covered with noninvasive native vegetation other than turf grass. This buffer serves to
protect an adjacent natural feature by filtering runoff, stabilizing soil and providing
habitat. The area is planted or naturally colonized with a iirix of native trees,shrubs,
,perennials.and,groundcovers.chosen for their deep root systems to enhance soil stability
and Water infiltration. Turf grass,including fescue species',pesticides and fertilizers,are
not Permitted within the buffer zone.Vegetated non-turf buffers are sub
ect to a planting
plan approved by the Board based upon site-specific needs.
275-3. Findings;,purpose;jurisdiction;setbacks.
D. Setbacks.
(1) The following minimum setbacks apply to any and all operations proposed on
residential property within the jurisdiction of the Board of Trustees:
(a) Wetland boundary or batik.
[5] Swimming pool and related structures: -50 feet. -60 feet.
Pools requiring retaining walls greater than 2' above grade—100 feet,
0754, Processing of application.
B. Investigation and coordination.Upon receipt of the application, the office of the Trustees
shall.-maintain the original in the file and.:forward one copy thereof to each of the following as
necessary: the Conseivation Advisoiy Council, thetWRP Coordinator,'the Stormwater
Management Officer,the Planning Department, and the.Zoning Board.
is®e�#h . �-th�o- pas��epeti� �i� �allt�iir�8�ay�f
same,reepipt of the
b
sueh,applieat-i AM he d i sap sue
§ 275-11 Construction and operation standards.
A. General. The following standards are required for all operations within the jurisdiction of
the Trustees:
(4)-Fences.
(d) Only one posted sign per 10.0 linear feet of fence is allowed on a split-rail
fence. Posted signs shall be no larger than 12 inches.by 12 inches square. Any
fence, barricade or impediment to pedestrian traffic on the beach or wetland area
in violation of.the.provisions of this chapter shall be removed upon written notice
to the owner of the premises upon which such fence,barricade or impediment is
located, sent by certified or registered mail. Such fence, barricade or impediment.
shall be removed by the owner within 30 days of the date of the notice.
Upon failure to comply with such notice,the Building Inspector, the Office of
Code Enforcement, or a
Genst-ab4e Harbormaster may remove or cause the removal of the illegal
stricture.
(e) If any fence,barricade or impediment is determined by the Building Inspector,
the Office of Code Enforcement,.or a Bata Gonstal Harbormaster to create a
'hazard to the health, safety or welfare of the public, such structure may be
removed and disposed of by the Town without prior-notice to the owner. Upon
removal by the Town, all costs and expenses incurred by the Town for the
removal of such fence,barricade or,impediment shall be the responsibility of the
owner. The Town may pursue any and all remedies.available at law to recover
any unpaid costs associated with removal, including filing'a statement with fhe
Town Assessors, identifying the property in connection with which such expenses
were incurred and the owner thereof as shown on the latest assessment roll of the
Town..The Assessors, in preparation.of the next assessment roll, shall assess such
amount upon such property. Such amount shall be included in the levy against
such.property, shall constitute a lien and shall be collected and enforced in the
same manner, by, the same,proceedings, at the same time and,under the same
penalty,as is provided by law for the collection and enforcement of real property
taxes in the Town of Southold.
C. In water. The following standards are.required for altin-water operations adjacent to
residential properties. Operations conducted on properties zoned M1 or M2 may be given greater
flexibility in these requirements,given the water-dependent nature of:their use.
(2) Docks
(b) Dock locations and lengths.
[3] Prohibited locations and activities.
[a] No,new docks utilized for residential purposes shall be permitted on
the Gieat/Ligle Peconic.Bay,Pipes Cove, Southold Bay, Gardiners Bay,
Shelter Island.Sound, Hog Neck Bay, Orient Harbor, Hallocks Bay or
Long Beach Bay with the exception of Fisher's Island and Robin's.Island.
No new docks will be_permitted on the Long Island Sound or eve-
*egetate4-wetl?tads in the,following are as:'Downs Creek,Hegeeks-B ,
Hashamemu Hashamomack Creek.aAd-Pend,Long.Creek(branch of
MAttituck Creek, East of Grand Avenue bridge), Pipe's Cove Creek,as
West.Creek,Laua el Lake, Marion Lake,Maratooka Ponca,
Husing Pond,Lilly Pond, Great Pond,Inlet Pond, Hashamomack
Pond and Dam Ponca.
M. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be-adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Denis Noncar'row
Southold Town Clerk
RESULT:: Adopted.
MOVER: Councimnan Doroski
SECONDER: Councilman Mealy
AYES': Councilman Mealy, Councilwoman Smith, Justice Evans, Councilman
Doroski,'Supeivisor Krupski,Jr.
NAPES: Councilwoman Doherty
CONTINUED PUBLIC HEARING— CHAPTER 275 `WETLANDS AND
SHORELINE'
THIS IS A CONTINUED PUBLIC HEARING THAT CONSIDERS AN INTRODUCTORY
LOCAL LAW NO. _ OF 2025,
TO AMEND CHAPTER 275 "WETLANDS AND SHORELINE", BY-
1.) PROVIDING FOR ADDITIONAL AND MODIFIED TERMS AND DEFINITIONS,
INCLUDING "AS-BUILT PLANS", "IMPERVIOUS SURFACE
"INNOVATIVE/ALTERNATIVE SEPTIC SYSTEM", "OPEN-GRATE DECKING", AND
"ORDINARY AND USUAL MAINTENANCE";
2.) MODIFYING THE TRUSTEE APPLICATION PROCEDURE BY ELIMINATING
THE CONSERVATION ADVISORY COUNCIL FROM THE APPLICATION REVIEW
PROCEDURE;
3.) ALTERING REQUIRED SETBACKS FOR POOLS IN THE TRUSTEE JURISDICTION;
4.) CLARIFYING PROHIBITED DOCK LOCATIONS IN TOWN WATERWAYS; AND
5.) UPDATING REFERENCES TO "HARBORMASTER" FROM "BAY CONSTABLE".
THE INITITAL PUBLIC HEARING WAS HELD ON OCTOBER 6, 2025 AND HELD OPEN
FOR WRITTEN COMMENT; SINCE THE TIME OF THE PUBLIC HEARING, THE TOWN
CLERK'S OFFICE HAS RECEVIED THE FOLLOWING WRITTEN COMMENTS, WHICH
HAVE BEEN MADE PART OF THE RECORD FOR THE BOARD'S CONSIDERATION:
1. Correspondence of the Planning Department dated October 27, 2025
indicating that the action was reviewed under the State Environmental Review Act.
and determined to be an Unlisted Action with a Negative Declaration, as the
action is not expected to have any significant adverse environmental impact.
vV
2. Correspondence of the Local Waterfront Revitalization Program Dated October
27, 2025, indicating that the matter has been reviewed under LWRP Standards
and found to be Consistentwith the LWRP.
3. Correspondence of the Southold Town Planning Board dated October 27, 2025
in favor of the local law.
4. Correspondence from Victor'Rerisi dated October 30, 2025.
5. E-mail from Dan Oakley dated October 9, 2025.
6. Correspondence from John Bredermeyer dated October 7, 2025.
7. E-mail from Douglas Hirsch dated October 6, 2025.
PUBLIC HEARING - CHAPTER 275 `WETLANDS AND SHORELINE'
THIS PUBLIC HEARING CONSIDERS AN INTRODUTORY LOCAL LAW NO. _ OF 2025,
TO AMEND CHAPTER 275 "WETLANDS AND SHORELINE", BY-
1.) PROVIDING FOR ADDITIONAL AND MODIFIED TERMS AND DEFINITIONS,
INCLUDING "AS-BUILT PLANS", "IMPERVIOUS SURFACE",
"INNOVATIVE/ALTERNATIVE SEPTOC SYSTEM", "OPEN-GRATE DECKING", "OPEN-
GRATE DECKING" AND "ORDINARY AND USUAL MAINTENANCE";
2.) MODIFYING THE TRUSTEE APPLICATION PROCEDURE BY ELIMINATING
THE CONSERVATION ADVISORY COUNCIL FROM THE APPLICATION REVIEW
PROCEDURE;
r
3.) ALTERING REQUIRED SETBACKS FOR POOLS IN THE TRUSTEE JURISDICTION;
4.) CLARIFYING PROHIBITED DOCK LOCATIONS IN TOWN WATERWAYS; AND
5:) UPDATING REFERENCES TO "HARBORMASTER" FROM "BAY CONSTABLE".
LEGAL NOTICES FOR PUBLIC HEARINGS ARE PUBLISHED NO LESS THAN TEN (10)
DAYS PRIOR TO THE PUBLIC HEARING, IN AN ELIGIBLE LEGAL TOWN NEWSPAPER.
THE TOWN CLERK'S OFFICE HAS RECEIVED THE AFFIDAVIT OF SERVICE FROM THE
NEWSPAPER INDICATING THAT THE NOTICE WAS PROPERLY PUBLISHED.
THE TOWN CLERK FILE ALSO INCLUDES AN AFFIDAVIT OF POSTING OF THE
PUBLIC NOTICE ON THE TOWN CLERK'S BULLETIN BOARD AT TOWN HALL.
o��gOFFO(4,�0
Glenn Goldsmith,President Gym Town Hall Annex
A.Nicholas Krupski,Vice President H z 54375 Route 25
Eric Sepenoski P.O.Box 1179
Liz Gillooly Southold,NY 11971
Elizabeth Peeples l �� Telephone(631)765-1892
Fax(631)765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
November 5, 2025
Dear Members of the Town Board,
Per the request of our Town Attorney, we are writing to provide additional testimony regarding
the proposed code changes to Chapter 275.
The overall purpose and intent of these code changes is to add clarity for the public and to codify
what has previously been considered precedent, as well as to increase pool setbacks.
Reconstruction Percentage
Regarding the provision that currently allows for 75%reconstruction of a permitted structure
without requiring a new permit, our initial recommendation was to reduce this to 25%
reconstruction.After careful consideration, and in consultation with Councilwoman Jill Doherty,
we have revised our recommendation to 50%reconstruction. This modified approach remains
appropriately permissive for property owners who wish to reconstruct portions of their permitted
structures while still providing necessary oversight.
Freshwater Creek Dock Restrictions
The proposed addition of several freshwater creeks to the existing dock ban in Chapter 275 seeks
to codify what is currently precedent. Our goal is to protect water bodies that are already
environmentally distressed. We maintain that adding a dock is more environmentally intrusive to
our marshlands than traversing the marshlands a few times per year to access kayaks. The
increased activity associated with a dock, from construction to regular use, exceeds typical
recreational use by foot. Additionally, the cumulative effect of multiple docks can significantly
disrupt wildlife habitat and alter the natural character of these sensitive ecosystems. Four-foot
pathways are already permitted by Code for water access from waterfront properties.
Limiting docks in these sensitive areas protects the rights of all community members to enjoy
scenic viewsheds, including unobstructed kayak and paddle board access to the shoreline. This is
part of preserving the rural quality of our community,much like the efforts to preserve open
space. Once docks are constructed,they create a cumulative impact that cannot easily be undone.
Proliferation of docks can fundamentally alter the character of these water bodies and restrict
• 1
public access and enjoyment.
Four of these freshwater bodies do not currently have any docks on them, and this proposal
represents an effort to preserve that status permanently. It is important to note that this Board has
never permitted a new dock in any of these areas, reflecting our longstanding recognition of their
sensitivity and value. The absence of dock infrastructure on these particular water bodies is not
accidental; it reflects the fragile nature of these ecosystems and previous Trustee's recognition of
their value as undeveloped natural resources. Permitting even one dock creates precedent and
pressure for additional permits, leading to incremental degradation that undermines the very
character and environmental integrity we are charged with protecting.
As Trustees,we are required by Code to be mindful of pressures from increased development as
stated in Chapter 275. It is part of our duty to protect scenic viewsheds and the aesthetic value of
the wetlands and patent lands,the lands that Trustees hold in common for public use. These
freshwater bodies represent some of the last remaining undeveloped waterfront areas in our
community, and their preservation serves the broader public interest.
We appreciate the opportunity to provide this testimony and look forward to your consideration
of these proposed amendments.
Sincerely,
The Southold Town Board of Trustees
Dock Nara in Fresh or Brackish Waters?
The proposed dock ban for the listed, totally enclosed and landlocked small
scale fresh and brackish waters, entails prohibiting dock activities in the
emergent, near shore and adjacent areas presently largely populated by
Phragmites australis, the common Phragmite, an invasive.
Question is: In such an environment, by utilizing non-toxic dock penetrations
and open-grate decking for very small scaled-back docks, designed for the
purpose intended, such as kayak or canoe use, or safe wheelchair enjoyment
or the ambulation's of the elderly, are the cumulative comfort, convenience,
enjoyment, orderliness and safety aspects by minimal dock construction and
use outweighed by any cumulative environmental impacts? If that question
has not been thoroughly answered might not a DEIS might be in order? Some
potential benefits over a traditional access path are: less trampling, less likely
enlargement, less exposure to ticks, safer kayaking. Docks may provide some
shading for wildlife subject to an ever-warming environment.
No Docks Dam Pond Hashamomuck Pond?
The late great dock builder, Larry Tuthill, upon my election to the Southold
Town Board of Trustees in 1984 and presuming that I might be some kind of
anti-dock environmental whacko, provided me a copy of a United States
Supreme Court decision firmly establishing one's individual right to "Wharf-
Out". It is my position that any individual engaged in lawfully permitted
commerce from their residential waterfront property, and possibly their
lessees, engaging in such activities as commercial shell fishing, aquaculture,
professional wildlife photography, guiding and Captaining etc. should not
summarily have their property rights to Wharf Out extinguished by a town
with such a rich maritime heritage. Again, for the purposes intended, small
scale non-toxic docks, needed for one's maritime commercial activity,
associated with their residential property, should be supported by Southold
Town.
October 7, 2025
Former Town Trustee,
John Bredemeyer
Noncarrow, Denis
From: Dan Oakley <oakley8dan@gmail.com>
Sent: Thursday, October 9, 2025 12:24 PM
To: Krupski,AI; Evans, Louisa; Doherty,Jill; Doroski, Gre ; Mea ran type,
John; Noncarrow, Denis
Cc: Standish, Lauren; Patricia C,Moore
Subject: Further comments on Chapter 275 changes OCT - 9 2025
Southold Town Board-Members: SO' Uthold Town Mark
In regard to the code changes proposed for Chapter 275 of the Town Code, I would like to re-emphasize the
point I was making at the hearing on the evening of Tuesday, October 7.
I pointed out that the code includes a phrase of"more than 25% of the entire structure",without defining how
that 25%is determined. Is it on the basis of dollar value? area? volume? It is very important that the code is
more clear about what it means.
In Chapter 275 there are many examples of vague and arbitrary terms which are open to interpretation by
'individuals. Here are terms I found very quickly in the Chapter that are vague, arbitrary and changeable:
"customarily", "intended to", "important to the community", "site-specific", "substantially", "typically", "75%",
or similar", "designed to", "will be considered, "unreasonably", "equivalent quality", "normally", "frequently",
some effect", and "undue impact".
I strongly believe that much of the conflict that arises during permit and approval processes are the result of
differing interpretations of the code between town officials and town residents. The frustration of individual
town residents comes from the appearance that the Trustees and the Building Department use the imprecise
code to apply their personal opinions to individual situations. Residents of Southold continually demonstrate
that they will adhere to the code provided that it is clear, well-defined AND consistently applied(i.e. not subject
to the arbitrary interpretation of a Trustee or Building Department agent.)
My recommendation to the Southold Town Board is to address every case of vague and imprecise language in
the code and tighten up the definitions. This would reduce conflict and benefit all parties involved.
Thank you and regards,
Dan Oakley
ATTENTION: This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emails.
i
NE
Noncarrow, Denis
From: Douglas Hirsch <dhirsch@sadis.com>
Sent: Monday, October 6, 2025 4:02 PM
To: Noncarrow, Denis i ' uth.'O)'� Tawn; Clerk
Subject: Public Comment to Proposal To Change Wetland Setbacks for Pools
I am writing in opposition to the proposal to increase wetland setbacks from 50 feet to 60 feet and 100 feet
for pools with retaining walls greater than 2 feet.
After doing research, I was able to identify only two environmental threats that pools present to wetlands.
First,the draining of chlorinated pool water near wetlands is potentially damaging to the wetlands and the
wildlife that inhabit the wetlands. However,to address this potential threat,the Town would be better served
by requiring the drainage system of the pool to drain to a drywell located 60 feet from the wetlands since the
issue is the drainage, not whether the pool is 50 or 60 feet from the wetlands.
Second, if a pool is dug too deep and too close to wetlands, there is a risk that it disturbs the hydrological flow
of water into the wetlands. This is obviously going to be a site specific/pool specific concern (an above ground
pool does not present any such risk and a site that is far above the water table does not present any such
risk).
Rather than change the setbacks, a better approach would be to move the drainage back since it really doesnt
matter if the pool is 50 feet or 60 feet from the wetlands if the drainage is moved back. Similarly, its not clear
what the 2 foot retaining wall setback requirement is intended to accomplish, but its beyond any colorable
dispute that a pool can be built with a two foot retaining wall within 60 feet of wetlands and not present a
threat to the wetlands. Why should a home owner be denied the right to build a pool with a two foot retaining
wall if it does not present any threat to the heat of the wetlands.
Finally, I wish someone would address the stormwater runoff where New Suffolk Avenue crosses Deep Hole
Creek.The bridge is on Town of Southold property and from what I have seen, it is the number one or two
cause of pollution in the creek. In heavy storms, runoff from the farm up the road flows down to the bridge
and discharges into the creek. I have sent several emails asking who is the person at the Town that can get this
fixed and I have been sent from one person to another until I just didnt have time to pursue it any longer. New
pools are not the problem, stormwater runoff and old septic systems that are literally 10 feet from the water
are the number one and two causes of pollution to the wetlands.
Thank you for considering my feedback and I hope you will abandon this proposal.
Thank you.
Douglas R.Hirsch,Partner I Bio
Sadis&Goldberg LLP
551 Fifth Avenue,21st Floor
1
New York, NY 10176
dhirsch(Wsadis.com
Phone:212.573.6670
Fax:212.947.3796
sadis.com
o S A D I S
Confidentiality Statement: This email is sent from a law firm and may contain information that is privileged or
confidential. If you received this email in error,please notify the sender by reply email and delete the message
and any attachments, if consistent with legal requirements.
ATTENTION: This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emails.
2
October 30, 2025JC' --
Victor Rerisi
43
800 Snug Harbor RoadO
►'r
Greenport, N.Y. 11944
'T�)Ivr
To The Town Supervisor Albert Krupski and the Town Board:
I am writing to express my strong opposition to the proposed local law that would restrict the
construction of docks on certain specified bodies of water and swimming pools near designated
wetlands areas. While I understand and support the goal of protecting our natural resources,
this proposal overreaches in a way that unfairly impacts certain waterfront property owners and
undermines responsible land use.
Many residents, including myself, have invested in our homes with the understanding that
reasonable and balanced environmental regulations would guide development. The proposed
setback requirements on swimming pools go far beyond what is necessary to preserve
wetlands, effectively limiting the enjoyment and improvement of private property without clear
scientific justification or demonstrated local need.
Moreover, docks and pools when properly designed can coexist with environmental protections.
The Town already has robust regulations as well as state wetlands regulations in place. Adding
another restrictive layer serves only to confuse homeowners, complicate compliance and
devalue properties that have long met environmental standards.
I urge the Board to reconsider this proposal and engage residents, engineers, and
environmental experts to develop a fairer, evidence-based approach. Protecting our
environment and respecting homeowner rights are not mutually exclusive goals, and any new
law should reflect that balance.
Thank you for your attention and your service to our community.
Respectively,
Victor Rerisi
October 30, 2025
Victor Rerisi
800 Snug Harbor Road
Greenport, N.Y. 11944
To The Town Supervisor Albert Krupski and the Town Board:
I am writing to express my strong opposition to the proposed local law that would restrict the
construction of docks on certain specified bodies of water and swimming pools near designated
wetlands areas. While I understand and support the goal of protecting our natural resources,
this proposal overreaches in a way that unfairly impacts certain waterfront property owners and
undermines responsible land use.
Many residents, including myself, have invested in our homes with the understanding that
reasonable and balanced environmental regulations would guide development. The proposed
setback requirements on swimming pools go far beyond what is necessary to preserve
wetlands, effectively limiting the enjoyment and improvement of private property without clear
scientific justification or demonstrated local need.
Moreover, docks and pools when properly designed can coexist with environmental protections.
The Town already has robust regulations as well as state wetlands regulations in place. Adding
another restrictive layer serves only to confuse homeowners, complicate compliance and
devalue properties that have long met environmental standards.
I urge the Board to reconsider this proposal and engage residents, engineers, and
environmental experts to develop a fairer, evidence-based approach. Protecting our
environment and respecting homeowner rights are not mutually exclusive goals, and any new
law should reflect that balance.
Thank you for your attention and your service to our community.
Respectively,
Victor Rerisi
, ,
Noncarrow, Denis
To: Town Board
Subject: FW:Town Board Wetlands
Attachments: Town Board Wetlands.pdf
Please see attached email on Chapter 275
Thank you
Denis Noncarrow
Southold Town Clerk.
Town of Southold, New York
www.southoldtownnv.gov
denisn@southoldtownnygov
631-765-1800
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged
information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is
prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the
intended recipient, please contact the sender and destroy all copies of the communication.
From:Victor Rerisi (via Google Docs) [mailto:vrerisi@gmail.com]
Sent:Thursday, October 30, 2025 10:17 AM
To: Noncarrow, Denis<denisn@southoldtownny.gov>
Subject:Town Board Wetlands
Victor Rerisi attached a document !
I
Victor Rerisi (vrerisi@gmail.com) has attached the following
document:
New Proposed wetlands regulations
Mown Board Wetlands
i
Does this item look suspicious? Report
Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA Google-
You have received this email because vrerisi@gmail.com shared a document
with you from Google Docs.
ATTENTION: This email came from an external source. Do not open attachments or click on links from '
unknown senders or unexpected emails.
2
To:Town of Southold Town Board NOV — 4 230
From:Josephine Klein Southold T�4�p� ���i^oa
Date: November 3, 2025
Re: Comments regarding the public hearing about proposed changes to the Wetlands Code held October
8, 2025
My name is Josephine Klein and I am a property owner at 2155 Laurel Way in Mattituck. I am respectfully
submitting this writing with regard to the discussion on banning ALL future docks on specific lakes in the
Town of Southold, and, I am questioning the decision to not treat each property or dock as unique and
separate entities.As we all know, every property has unique characteristics, and needs. It seems that it is
the responsibility of both the homeowners and the Town Trustees to evaluate each property as such. Is
that not one of the very reasons that locales elect and place their trust in their elected officials?To make
decisions concerning, and protecting, individual properties?
In our case, environmental concerns are the matter we have asked you to address .Dragging kayaks,
small watercraft and even walking through increasingly longer stretches of wetlands to access lake water
seems to be more damaging to the wetlands when done on a frequent basis,than a one-time dock
installation which would meet new and higher environmental standards -as was brought to your
attention at last month's meeting by various property owners.
Additionally,this ban on docks seems like a sweeping decision against people, such as I, a wheelchair
user,who is unable to easily gain access to any water body. Having been a property owner for almost four
years now, I have also noticed the inavailability of accessibility wheelchair matting at our local beaches.
Thus far,we have only noticed, and greatly appreciated such matting, at Breakwater Beach. It had been
our hope that by having a dock at our residence,the difficulty we experience"out there"would be
alleviated on the lakefront bordering our home. Our goal was to do things appropriately, so we applied
through proper channels, only to now learn suddenly"new"docks are detrimental to the environment,
but old docks being reconstructed are completely acceptable. It seems in my view, a dock is a dock is a
dock, but town approval can sometimes seem arbitrary and backward looking instead of being based on
a succinct set of present day facts and conditions.
To close, I would ask, once again,that you consider these objections while making your final decision on
this dock ban and remove that section from the proposed changes, and thereby carry thru on your
responsibility to the many varied, and uniquely individual properties in this, our beautiful,township.
Thank you all for hearing my view, and for your many efforts on behalf of the Town of Southold.They are
greatly appreciated even in our period of disagreement.
Respectfully submitted,
Josephine Klein
(516)603-2847
Joklein162@yahoo.com
Noncarrbw, Denis
From: Ms Josephine Klein <joklein162@yahoo.com>
Sent: Monday, November 3, 2025 3:19 PM
To: Noncarrow, Denis
Cc: joklein162@yahoo.com
Subject: [SPAM] - Public Comments Wetlands Policy Changes
Attachments: Klein Josephine Comments on Public Hearing Regarding Wetlands Changes.pdf
Dear Mr. Noncarrow,
Attached please find my written comments regarding the wetland policy changes currently under review by the Town
Board. Please forward them as necessary.
Thank you.
Josephine Klein
ATTENTION: This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emails.
1
1E+4
To: Town of Southold Town Board NOV !- 4 20a
kk
From: Kevin Klein I Et q
Date: November 3 2025
Re: Follow up comments from the public hearing about proposed changes to the Wetlands Code
held October 7, 2025'
Mynameis Kevin Klein. Myfamilyowns the propertylocated at2155 Laurel Way, Mattituck.
Although I support most of the changes to the code the trustees have proposed, I disagreewith the
section regarding changes to chapter275-11 No New Docks utilized forresidential purposes. I
agree residents and landowners need to work together—with town officials—to protectthe lands
and natural resources of the town. However, I believe the rules, codes and laws should be fairly and
equally applied to all residents and homeowners, without penalizing, orunfairlytargeting, certain
areas of the town. I believe we should work together, communicate, compromise and use a .
common-sense approach to find the correct solution for each and every dock permit. It is a very
delicate balancing act to thread the needle of need vs protection. I applaud the trustees'dedication
and attempts to balance these issues. Unfortunately, in today's society, communication,
compromise and common-sense approaches to problems seem to be in very short supply. It
saddens methat herein Southold, a place that myfamilyand I are proud to call our second home,
that seems to be also true.
am confused aboutthe logic being applied bythe trustees, and now potentially the town board.
Thetrustees have madethe claim that docks are potentially a dangerto ourwetlands and
ecosystem.To date, I have seen no scientific evidence to support their claims. To the contrary,the
NYS DEC actually approved the dock permit at our home. Therefore, if the governmental body in the
state of New York, which is tasked to protect our lands, approved our dock permit, it seems they
disagree with the trustees' belief. However, if the trustees truly believe that docks area potential
danger, I question why or how are they a danger only on these bodies of water? You might cla im
these bodies are more sensitive. But as I stated, you provide no scientific evidence of that and the
NYS DEC approved my permit. Why now do the trustees, and potentially board, feel compelled to
change the rules for only specific bodies of water? A homeowner on Great Pond at the public
hearing raised the question of which is more destructive to our wetland and natural resources - a
dock that would allow people to traverse over our delicate ecosystem to access the water at a more
navigable level orwaLking and dragging kayaks, canoes and boats back and forth over that same
delicate ecosystem you claim you are trying to protect by ba nning these docks?
SupervisorAL Krupski recently said in a Newsday interview which was published on October 26`h
"This is public land, and public access to public land is reallycritical, once you put a structure on it,
you'rei0ectively�fm'onopolizing that area." If that truly is SupervisorKrupski'sopinion-andstance
and a potential reason to approve this section of the proposal; how can he logically applythat
statement about"monopolizing that area'; but only these bodies of water? If that is his viewpoint,
shouldn't that statement and viewpoint carry over to any and all docks in the Town of Southold?It
seems tome the trustees and supervisor are trying to have it both ways. Docks are bad, docks on
public land are monopolizingthat land... but only on these bodies of water. If docks truly are bad
and monopolize thewater, then that must stand true everywhere. It is an unfair application of the
laws to pick and choosewhereyou wantto apply that logic. I think I undefstand the supervisor's
sentiment, but personally, I respectfully disagree with him. In myview, if I were allowed to construct
a dock on my property. I would consider any portion of that dock that is over public water free use _
for anyone navigating on Laurel Lake. I would welcome anyone usingthe laketo feelfree to tie up to
the dock, get out stretch their legs, relax, fish or jump in and take a swim.Then when you are done
untie and go aboutyour day.1 feel that would also be a great way to meet our fellow Southold
neighbors and create bonds.
The town currently has a strict process in place to vet and weigh the pros and cons of each and
every dock permit requested. It needs to be approved by the Town Trustees, be reviewed by the
L.W.R.P. and also needs to be vetted and approved bythe NY DEC.That is a lot of eyes and a lot of
scrutiny on each dock permit. I wholeheartedly agree every dock permit should not be approved
and we should, as residents and elected officials,worktogetherto ensure we do what is in the best
interest of thetown and our resources. But I do not agree with applyingthe rules, regulations and
laws differently. Please let the process that is in place continue to serve all our residents and
homeowners fairlyand equally.
I hope the board takes a common-sense approach to this issue and removes the outright dock ban
section from this proposal and continues to rely on the process that has been in place which
applies the law fairly and equitablyto all residents and homeowners in the Town of Southold.
Thankyou forthe oppo.rtunityto speak.
Respectfully,
Kevin Klein
(516)695-7200
kevin@artisanlampshades.com
Noncarrow, Denis
To: Town Board
Cc: Norklun, Stacey
Subject: FW:Written public comments regarding changes to current wetlands policy
Attachments: Klein Kevin Comments on Public Hearing Regarding Wetlands Changes.pdf
Denis Noncarrow
Southold Town Clerk.
Town of Southold, New York
www.southoldtownny.gov
denisn@southoldtownnygov
631-765-1800
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged
information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is
prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the
intended recipient, please contact the sender and destroy all copies of the communication.
From: Kevin Klein [mailto:kevin@artisanlampshades.com]
Sent: Monday, November 3, 2025 3:04 PM
To: Noncarrow, Denis<denisn@southoldtownny.gov>
Cc: Kevin<kevin@artisanlampshades.com>
Subject:Written public comments regarding changes to current wetlands policy
Mr. Noncarrow,
Attached, please find my comments regarding the wetland policy changes currently under review by the town
board.
Please forward them to the appropriate people so they can be reviewed and entered into the public record.
I was wondering, will all of the public comments received be read into the record at the meeting on 11/5? If
not, would I have the opportunity to read mine? Or at this time only written comments are being accepted?
Is there some public place where all of the written comments received are accessible to be read?
Thank you for your time.
Respectfully,
Kevin Klein
ATTENTION: This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emails.
1
OFFICE LOCATION: �QF SU(/ry MAILING ADDRESS:
Town Hall Annex �0� Ol0 P.O. Box 1179
54375 State Route 25 Southold,NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY cn Telephone: 631 765-1938
G p@ www.southoldtownny.gov
co
Um
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Denis Noncarrow, Town Clerk
Members of the Town Board
cc: Paul DeChance, Town Attorney
°l.rE f0 E it t9;
From: James H. Rich III, Chairman J(Z-
Members of the Planning Board 0CT 2 8 2025
Date: October 27, 2025 Sa�e.,,7-0 syp}�'�q e ,a �I�+rk
'</�'�d 3.�u d 2'n„Y��{.9 T6�b 39 n �,„r S t.r�a 2
Re: Planning Board Comments
Local Law in relation to an Amendment to Chapter 275, Wetlands and Shoreline
The Planning Board has reviewed the amendments proposed for Chapter 275 for consistency
with the Southold Town Comprehensive Plan.
The proposed amendments clarify and add definitions and new requirements that will assist
regulating agencies like the Southold Board of Trustees to better protect the ecological values of
the wetlands and water quality. These include the following:
• Definition of the latest technology in septic systems (Innovative/Alternative On-site
Wastewater Treatment System or I/AOWTS).
• Open-grate decking definition.
• Vegetated non-turf buffer definition.
• The setback for pools from wetlands is proposed to increase from 50 feet to 60 feet for
standard in-ground pools and 100 feet for pools requiring retaining walls greater than 2
feet above grade.
• Proposed regulations to prevent additional dock structures in the Town's freshwater lakes
and ponds.
These changes are consistent with Goals 2, 3,4 and 5 of the Water Resources section of Chapter
6,Natural Resources, of the Comprehensive Plan, which call for protecting groundwater and
surface water quality, improving watershed management, and protecting freshwater and marine
habitats.
Please contact the Planning Department with any questions.
OFFICE LOCATION: ( Solz MAILING ADDRESS:
Town Hall Annex �. P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938
Southold,ATY .: , .
�O www.southoldtownny.gov
cOUMV,. .
PLANNING BOARD OFFICE
TOWN.OF SOUTHOLD
MEMORANDUM
To: Denis Noncarrow, Town Clerk RECEIVED
Members of the Town Board V" 0
cc; Paul DeChance, Town Attorney Oct 2 7
From: James H. Rich III, Chairman JCz-
Members of the Planning Board Southold Town Clerk
Date: October 27, 2025
Re Planning Board Comments
Local Law in relation to an Amendment to Chapter 275, Wetlands and Shoreline
The Planning Board has reviewed the amendments proposed for Chapter 275 for consistency
with the Southold Town Comprehensive Plan.
The proposed amendments clarify and add definitions and new requirements that will assist
regulating agencies like the Southold Board of Trustees to better protect the ecological values of
the wetlands and water quality. These include the following:
• Definition of the latest technology in septic systems (Innovative/Alternative On-site
Wastewater Treatment System or I/AOWTS).
• Open-grate decking definition.
a Vegetated non-turf buffer definition.
04 The setback for pools from wetlands is proposed to increase from 50 feet to 60 feet for
standard in-ground pools and 100 feet for pools requiring retaining walls greater than 2
feet above grade.
• Proposed regulations to prevent additional dock structures in the Town's freshwater lakes
and ponds.
These changes are consistent with Goals 2, 3, 4 and 5 of the Water Resources section of Chapter
6,Natural Resources, of the Comprehensive Plan, which call for protecting groundwater and ,
surface water quality, improving watershed management, and protecting freshwater and marine
habitats.
Please contact the Planning Department with any questions.
DENIS NONCARROW o~� Gy� Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
COD 2 Southold,New York 11971
REGISTRAR.OF VITAL STATISTICS O Fax(631)765-6145
MARRIAGE OFFICER �'
RECORDS MANAGEMENT OFFICER ��! .�O Telephone oldt nny.gov
FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 7, 2025
Re: Resolution 2025-745— "A Local Law in
relation to an Amendment to Chapter 275
Wetlands and Shoreline"
Mr. James Rich, III, Chairman
Southold Town Planning Department
54375 State Route 25
Post Office Box 1179
Southold,New York 11971
Dear Mr. Rich, III,
The Southold Town Board at their regular meeting held on September 25th, 2025 adopted the
resolution referenced above. A Certified copy is enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to this proposed Local Law and forward it to me at a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing. The date and time for
the public hearing is 4:30 P.M., Tuesday, October 7th, 2025, however, the public hearing will
be left open until Wednesday,November 5th,2025. Please do not hesitate to contact me, if you
have any questions. Thank you.
Very truly yours,
/V"�" At.
Jennifer M. Mudd
Deputy Town Clerk
Enclosures
Mudd, Jennifer
From: Mudd,Jennifer
Sent: Tuesday, October 7, 2025 10:55 AM
To: James H Rich Qhrichiii.stpb@gmail.com)
Cc: Noncarrow, Denis; Rudder, Lynda; Born, Sabrina; Lanza, Heather; Michaelis,Jessica;
DeChance, Paul
Subject: Emailing: Planning Ltr. - Ch. 275,Wetlands &Shoreline.pdf
Attachments: Planning Ltr. - Ch. 275,Wetlands &Shoreline.pdf
Importance: High
Good Morning,
Please see attached.
Thank you,
Jen
Jennifer M. Mudd
Sub-Registrar and Deputy Town Clerk
Account Clerk
Southold Town Clerk's Office
53095 Route 25, P.O. Box 1179
Southold, NY 11971
Phone: 631-765-1800 ext. 1274
Fax: 631-765-6145
www.southoldtownny.gov
Your message is ready to be sent with the following file or link attachments:
Planning Ltr.-Ch. 275,Wetlands &Shoreline.pdf
Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file
attachments. Check your e-mail security settings to determine how attachments are handled.
1
OFFICE LOCATION: p��Q�SQUryO� MAILING ADDRESS:
Town Hall Annex O P.O.Box 1179
54375 State Route 25 # Southold,NY 11971
(cor.Main Rd. &Youngs Ave.) G Q
Southold,NY 11971 yp Telephone:631 765-1938
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Superyisor Albert J. Krupski Jr:
Derinis'Noncarrow, Town Clerk
,:. "down.of Southold Town Board dC� 2
CO:—" Paul DeCh
ance, Town Attorney ,��, � .sq{
Aa
ILI
From: Heather Lanza, AICP __----
LWRP Coordinator
Date: October 27, 2025
Re: Local Waterfront Revitalization Coastal Consistency Review
"A Local Law in relation to an Amendment to Chapter 275, Wetlands and Shoreline"
The proposed action referenced above has been reviewed to Chapter 268, Waterfront
Consistency Review of the Town of Southold Town Code and the Local Waterfront
Revitalization Program(LWRP) Policy Standards. Based upon the information available, it is
my.recommendation that the proposed action is CONSISTENT with the L WRP. The',
amendments•further the policy standards to protect ecological quality and function of
ecosystems,;.and to protect water quality:. '
Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
1. •. i
r
OFFICE LOCATION: o �d MAILING ADDRESS:
Town Hall Annex `` P.O.Box 1179
54375 State Route 25 Southold,NY 11971
(cor.Main Rd. &Youngs Ave.) G Telephone:631 765.1938
Southold,NY 11971
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM RECEIVED
��;ct .2vv�aa iS
To: Supervisor Albert J. Krupski Jr. OCT 2 7 26
Dennis Noncarrow, Town Clerk
Town of Southold Town Board Southold Town Clerk
Cc: Paul DeChance, Town Attorney
From: Heather Lanza, AICP
LWRP Coordinator
Date: October 27, 2025
Re: Local Waterfront Revitalization Coastal Consistency Review
"A Local Law in relation to an Amendment to Chapter 275, Wetlands and Shoreline"
The proposed action referenced above has been reviewed to Chapter 268, Waterfront
Consistency Review of the Town of Southold Town Code and the Local Waterfront
Revitalization Program (LWRP)Policy Standards. Based upon the information available, it is
my recommendation that the proposed action is CONSISTENT with the LWRP. The
amendments further the policy standards to protect ecological quality and function of
ecosystems, and to protect water quality.
Pursuant to Chapter 268,the Town Board shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
h
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 1 Southold,NY 11971
(cor.Main Rd. &Youngs Ave.) y, .C#* �' 6
Telephone:631 765-1938
Southold, NY 11971 y0
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Supervisor Albert J. Krupski Jr. E CE ` E
Dennis Noncarrow, Town Clerk-.
IJ
Town of Southold Town Board.
0 CT 1 5 2025
Cc: Paul DeChance,Town Attorney
SOLIthold Town Clerk
From: Heather Lanza, AICP
LWRP Coordinator
Date: October 14, 2025
Re: Local Waterfront Revitalization Coastal Consistency Review
"A Local Law in relation to an Amendment to Chapter 275,Wetlands and Shoreline"
The proposed action referenced above has been reviewed to Chapter 268, Waterfront
Consistency Review of the Town of Southold Town Code and the Local Waterfront
Revitalization Program(LWRP) Policy Standards. Based upon the information available, it is
my recommendation that the proposed action is CONSISTENT with the LWRP. The
amendments further the policy standards to protect ecological quality and function of
ecosystems, and to protect water quality.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
DENIS NONCARROW =� OG•y� Town Hall,53095 Main Road
TOWN CLERK CZP.O.Box 1179
y 2 Southold,New York 11971
REGISTRAR OF VITAL STATISTICS 5 Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER ��,( .� Telephone 76
FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov
oo
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 7, 2025
Re: Resolution 2025-745 "A Local
Law in relation to an Amendment
to Chapter 275 Wetlands and
Shoreline"
Heather Lanza, LVW Coordinator
Southold Town Planning Department
54375 State Route 25
Post Office Box 1179
Southold,New York 11971
Dear Ms. Lanza:
The Southold Town Board at their regular meeting held on September 25th, 2025 adopted the
resolution referenced above. A certified copy is enclosed.
Please prepare an official LWRP and SEQRA report with regard to the proposed Local Law and
forward it to me at a suitable time in order to allow sufficient time for the Town Board to review
it before the public hearing. The date and time for this public hearing is 4:30 P.M.,Tuesday,
October 7th,2025, however,the public hearing will be left open until Wednesday,November
5th,2025. Please do not hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Jennifer M. Mudd
Deputy Town Clerk
Enclosures
Mudd, Jennifer
From: Mudd,Jennifer
Sent: Tuesday, October 7, 2025 10:57 AM
To: Lanza, Heather
Cc: Noncarrow, Denis; Rudder, Lynda; Born, Sabrina; Michaelis,Jessica; DeChance, Paul
Subject: Emailing: LWRP Ltr. - Ch. 275,Wetlands &Shoreline.pdf
Attachments: LWRP Ltr. - Ch. 275, Wetlands &Shoreline.pdf
Importance: High
Good Morning,
Please see attached.
Thank you,
Jen
Jennifer M. Mudd
Sub-Registrar and Deputy Town Clerk
Account Clerk
Southold Town Clerk's Office
53095 Route 25, P.O. Box 1179
Southold, NY 11971
Phone: 631-765-1800 ext. 1274
Fax: 631-765-6145
www.southoldtownny.gov
Your message is ready to be sent with the following file or link attachments:
LWRP Ltr. -Ch. 275,Wetlands &Shoreline.pdf
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file
attachments. Check your e-mail security settings to determine how attachments are handled.
1
OFFICE LOCATION: OF so MAILING ADDRESS:
Town Hall Annex �� y�lO P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold,NY � Telephone: 631 765-1938
G pQ www.southoldtownny.gov
UNTY,
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Town of Southold Town Board
Denis Noncarrow, Town Clerk 0CT 2 8 2025
Cc: Paul DeChance, Town Attorney �Eg �'T� q�p Town
2'J..!iwt�j�J 5..w�M4 $ 6�l�'ir'a 8 tl Mkmi�;i��
From: Heather Lanza, Town Planning Director
Date: October 27, 2025
Re: SEQRA for "A Local Law in Relation to Amendments to Chapter
275 Zoning"
The proposed action has been reviewed under the State Environmental Quality Review
Act, and pursuant to 6 NYCRR Part 617, the following is recommended:
1. Classify the action as Unlisted.
2. Declare the Town Board as Lead Agency.
3. Make a determination of significance.
a. This action is not expected to have any significant adverse environmental
impacts, and therefore a Negative Declaration is appropriate.
b. See the attached Environmental Assessment Form (EAF)Parts 1, 2 & 3 for
details.
Please contact the Planning Department with any questions.
Encl.
Short Environmental Assessment Form
Part 1 -Project Information
Instructions for Completing
Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as
thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item.
Part 1 —Project and Sponsor Information
Name of Action or Project:
Local Law in relation to an Amendment to Chapter 275 Wetlands and Shoreline
Project Location(describe,and attach a location map):
Southold Town
Brief Description of Proposed Action:
This action is to amend Southold Town Code Chapter 275,Wetlands and Shoreline to clarify and add definitions with the intent to better protect the
ecological values of the wetlands and water quality.
Name of Applicant or Sponsor: Telephone: 631-765-1800
Southold Town Board E-Mail:
denisn@southoldtownny.gov
Address:
53095 Route 25
City/PO: State: Zip Code:
Southold NY 11971
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES
administrative rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑ ❑�
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES
If Yes, list agency(s)name and permit or approval: ❑ ❑
3. a. Total acreage of the site of the proposed action? acres
b. Total acreage to be physically disturbed? acres
c. Total acreage(project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? acres
4. Check all land uses that occur on, are adjoining or near the proposed action:
❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial ❑ Residential(suburban)
❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify):
❑Parkland
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? 0 El
b. Consistent with the adopted comprehensive plan? ❑ ❑ ❑
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
❑ ❑
7. Is the site of the proposed action located in,or does it adjoin, a state listed Critical Environmental Area? NO YES
If Yes, identify: ❑ ❑
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑
b. Are public transportation services available at or near the site of the proposed action? ❑ ❑
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ ❑
action?
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements, describe design features and technologies:
❑ ❑
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No, describe method for providing potable water:
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:
❑ ❑
12. a. Does the project site contain,or is it substantially contiguous to, a building,archaeological site,or district NO YES
which is listed on the National or State Register of Historic Places,or that has been determined by the ❑ ❑
Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b. Is the project site,or-any portion of it,located in or adjacent to an area designated as sensitive for ❑ ❑
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal, state or local agency? ❑ ❑
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? ❑ ❑
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional
❑Wetland ❑ Urban ❑ Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats,listed by the State or NO YES
Federal government as threatened or endangered? ❑ ❑
16. Is the project site located in the 100-year flood plan? NO YES
❑ ❑
17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes, I ❑
a. Will storm water discharges flow to adjacent properties? ❑ ❑
b. Will storm water discharges be directed to established conveyance systems(runofeand storm drains)? ❑ ❑
If Yes,briefly describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES
or other liquids(e.g.,retention pond, waste lagoon,dam)?
If Yes, explain the purpose and size of the impoundment: ❑ ❑
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES
management facility?
If Yes,describe: ❑ ❑
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed) for hazardous waste?
If Yes,describe: ❑ ❑
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE k Q_c'_A- '�e.I4 f f o�
Applicant/sponsor%name: �e U tyik6 c Date:
Signature: Title: C✓
PRINT FORM Page 3 of 3
SEQRA EAF Attachment
"A Local Law in relation to an Amendment to Chapter 275, Wetlands and Shoreline"
October 24, 2025
As indicated in Question 1 of the Short EAF, the following is a narrative description of the intent
of the proposed action and the environmental resources that may be affected by "A Local Law in
relation to an Amendment to Chapter 275,Wetlands and Shoreline", being considered by the
Southold Town Board.
The proposed amendments to Southold Town Code Chapter 275, Wetlands and Shoreline are to
clarify and add definitions with the intent to better protect the ecological values of the wetlands
and water quality as follows:
B. AS-BUILT PLANS—Plans prepared to scale by a licensed surveyor certified to the
applicant detailing any and all operations eondueted aeeording to a valid permit. current
conditions on the property, highlighting any and all differences from a valid permit.
IMPERVIOUS SURFACE—Any hard-surfaced, man-made area that does not retain or absorb
water, including but not limited to building roofs,mortared patios,paved parking lots and
driveways, sidewalks and other paved areas:,including compacted surfaces such as those made
with Recycled Concrete Aggregate (RCA) or similar materials that,while not traditionally
Paved, significantly limit infiltration and function as impervious for stormwater purposes.
INNOVATIVE/ALTERNATIVE (I/A) SEPTIC SYSTEM:An onsite wastewater treatment
system that utilizes advanced treatment processes, such as aeration, filtration, or enhanced
biological activity,to reduce nitrogen and other pollutants beyond the levels achieved by
conventional septic systems.
OPEN-GRATE DECKING ---Decking material designed to allow light to pass through the
area below,typically through spaced slats or perforations allowing at least 50% of light to
filter through. Often required for docks and walkways to preserve aquatic vegetation and
protect the underwater environment.
ORDINARY AND USUAL MAINTENANCE—Actions on a wetlands-permitted, functional
structure which do not involve more than 7-5-OA 25% of the entire structure per calendar year
and which are required to preserve such structure in a condition or state of equivalent quality to
that which was approved or required by permit.
VEGETATED NON-TURF BUFFER:A designated area maintained to be at least 50%
covered with noninvasive native vegetation other than turf grass. This buffer serves to
protect an adjacent natural feature by filtering runoff, stabilizing soil and providing
habitat.The area is planted or naturally colonized with a mix of native trees,shrubs,
perennials and groundcovers chosen for their deep root systems to enhance soil stability
and water infiltration. Turf grass, including fescue species,pesticides and fertilizers are not
permitted within the buffer zone. Vegetated non-turf buffers are subject to a planting plan
1
SEQRA EAF Attachment
"A Local Law in relation to an Amendment to Chapter 275, Wetlands and Shoreline"
approved by the Board based upon site-specific needs.
In addition, with the intent to better protect water quality and ecological values, the following
changes are proposed:
• The setback for pools from wetlands is proposed to increase from 50 feet to 60 feet for
standard in-ground pools and 100 feet for pools requiring retaining walls greater than 2
feet above grade.
• Proposed regulations to prevent additional dock structures in the Town's freshwater lakes
and ponds.
Environmental resources including freshwater and tidal wetlands, surface water bodies, maritime
natural communities, and adjacent land will experience only positive impacts from the changes
to this code as described above.
The other amendments were administrative in nature having to do with processing applications
and correcting a personnel title.
2
Agency Use Only [If applicable]
Project: Local Law Amend Chapter 275
Date: October 24,2025
Short Environmental Assessment Form
Part 2 -Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept"Have my responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
_ small to large
impact impact
may may
occur occur .
1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑
regulations?
2. Will the proposed action result-in a change in the use or intensity of use of land? ❑� ❑
3. Will the proposed action impair the character or quality of the existing community? ❑� ❑
4. Will the proposed action have an impact on the environmental characteristics that caused the ❑
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or ❑
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing: ❑
a.public/private water supplies?
b.public/private wastewater treatment utilities? ❑� ❑
8. Will the proposed action impair the character or quality of important historic,archaeological, ❑
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g., wetlands, Elwaterbodies,groundwater, air quality,flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage Fv-1 ❑
problems?
11. Will the proposed action create a hazard to environmental resources or human health? ❑
PRINT FORM Pagel of 2
SEAF 2019
Agency Use Only[If applicable]
Project: Amend Chapter 275
Date: lOctober 24, 2025
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact,please
complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,
probability of occurring,duration, irreversibility,geographic scope and magnitude. Also consider the potential for short-
term, long-term and cumulative impacts.
The nature of the changes to the Town's Wetlands regulations as proposed are intended and expected to make
positive environmental impacts by clarifying definitions, restricting docks in freshwater ponds and lakes, and
increasing setback distance of pools to wetlands.
See attached narrative with more detail.
❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
v that the proposed action will not result in any significant adverse environmental impacts.
o foLv, Sse4,4 t;�b,&,-
Name of Lead Agency Date
&bext T. V rupsl ��. ovv-r. c3roe�vtsur
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Z�
Signat e of Resp nsible Off1cer in Lead Agency Signature of Preparer(if different from Responsible Officer)
PRINT FORM I Pave 2 of 2
OFFICE LOCATION: (] SO(/p� MAILING ADDRESS:
Town Hall Annex ® �� P.O.Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)Southold, NY Telephone: 631 765-1938
a�` , wvaw.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
RECEIVED
(J 1 a.- -,'va ()
To:, Town of Southold Town Board OCT 2 7 -20
Denis Noncarrow, Town Clerk
Cc: Paul DeChance, Town Attorney Southold Town Clerk
From: Heather Lanza, Town Planning Director
Date: October 27, 2025
Re: ' SEQRA for "A Local Law in Relation to Amendments to Chapter
275 Zoning"
The proposed action has been reviewed under the State Environmental Quality Review
Act, and pursuant to 6 NYCRR Part 617, the following is recommended:
1. Classify the action as Unlisted.
2. Declare the Town Board as Lead Agency.
3. Make a determination of significance.
a. This action is not expected to have any significant adverse environmental
impacts, and therefore a Negative Declaration is appropriate.
b. See the attached Environmental Assessment Form (EAF) Parts 1,2 & 3 for
details.
Please contact the Planning Department with any questions.
Encl..
Short Environmental Assessment Form
Part 1 -Project Information
Instructions for Completing
Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part I based on
information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as
thoroughly as possible based on current information.
Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item.
Part 1 —Project and Sponsor Information
Name of Action or Project:
Local Law in relation to an Amendment to Chapter 275 Wetlands and Shoreline
Project Location(describe,and attach a location map):
Southold Town
Brief Description of Proposed Action:
This action is to amend Southold Town Code Chapter 275,Wetlands and Shoreline to clarify and add definitions with the intent to better protect the
ecological values of the wetlands and water quality.
Name of Applicant or Sponsor: Telephone: 631-765-1800
Southold Town Board E-Mail: denisn@southoldtownny.gov
Address:
53095 Route 25
City/PO: State: 1Zi;ode:
NY
Southold
1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule, or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ Q
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.'
2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES
If Yes,list agency(s)name and permit or approval ME]
❑
3, a. Total acreage of the site of the proposed,action? acres
b. Total acreage to be physically disturbed? acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? acres
4. Check all land uses that occur on, are adjoining or near the proposed action:
❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial ❑ Residential(suburban)
❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify):
❑Parkland
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? ❑ ❑ ❑
b. Consistent with the adopted comprehensive plan? ❑
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
❑ ❑
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES
If Yes, identify:
❑ ❑
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation services available at or near the site of the proposed action? ❑ ❑
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ ❑
action?
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements, describe design features and technologies:.
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No, describe method for providing potable water: a ❑
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:
12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site,or district NO YES
which is listed on the National or State Register of Historic Places,or that has been determined by the ❑ ❑
Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b. Is the project site,or any portion of it, located in or adjacent to an area designated as sensitive for ❑ ❑
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action, contain NO YES
wetlands or other waterbodies regulated by a federal, state or local agency? ❑ ❑
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? ❑
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identifv the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
❑Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional
❑Wetland ❑ Urban ❑ Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO YES
Federal government as threatened or endangered? ❑ ❑
16. Is the project site located in the 100-year flood plan?
_ NO YES
- NO YES
17. Will the proposed action create storm water discharge,either from point or non-point sources? El ❑
If Yes,
a. Will storm water discharges flow to adjacent properties? ❑ ❑,
b. Will storm water discharges be directed to established conveyance systems(runoff'and storm drains)? ❑ rU
If Yes,briefly describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES
or other liquids(e.g., retention pond, waste lagoon, dam)?
If Yes, explain the purpose and size of the impoundment: ❑
9. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES
management facility?
If Yes,describe: ❑ ❑
20.Has the site of the proposed action or an adjoining been the subject of remediation(ongoing or NO YES
J g property
completed) for hazardous waste?
If Yes,describe: ❑ a
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE a.c,, V� L awzcr, v �- k,1 f o P
_ Ilt
Applicant/sponsor/name: c U "jk0)t,(, / Date d�, c �
J r-
Signature: r% ----. Title: 7tat,�t f�i`hh�� i l •`
PRINT FORM Page I of 3
SEQRA EAF Attachment
"A Local Law in relation to an Amendment to Chapter 275, Wetlands and Shoreline"
October 24, 2025
As indicated in Question 1 of the Short EAF,the following is a narrative description of the intent
of the proposed action and the environmental resources that may be affected by"A Local Law in
relation to an Amendment to Chapter 275,Wetlands and Shoreline",being considered by the
Southold Town Board.
The proposed amendments to Southold Town Code Chapter 275, Wetlands and Shoreline are to
clarify and add definitions with the intent to better protect the ecological values of the wetlands
and water quality as follows:
B. AS-BUILT PLANS—Plans prepared to scale by a licensed surveyor certified"to the
applicant detailing
current
conditsonsjan' p p ty'the, ruo erm , ahliahtin .any, and All differences..from a valid permit.
IMPERVIOUS SURFACE—Any hard-surfaced, man-made area that does not retain or absorb
water, including but not limited to building roofs,�inortared-»atios,paved parking lots and
driveways, sidewalks and other paved area urtheasuch as those made
with Recycled'Cohcrete Aggregate(RCA) or similar.materials that,while not traditionally
paved,s gnificantly''limit infiltration and funetion as niogrvious.for stormwaterpurposes.
INNOVATIVE/ALTERNATIVE (I/A),SEPTIC SYSTEM:-An onsite*astewater treatment.
ed
,system that utitizes-advanced treatment pr..oces"ses,'such:as aeration,,fltration,o-en b*
biological activity;to-reduce-ni#rogen and otl ei_Wh tfi beyond the'levels Aehieved by
,conventional septic.systems.
OPEN GRATE DECKING Decking material designed to,attow`hilit_to pass through the
Area below;`t p.ically throuah aced sp slats or perforations altowine at least,50%o of liv hf io
filter through Often required for docks and walkways to preserve aquatic vegetation an
orotect the-.underwater-.environmen,t.
ORDINARY AND USUAL MAINTENANCE—Actions on a wetlands-permitted, functional
structure which do not involve more than - 5% of the entire structure per. calendar year
and which are required to preserve such structure in a condition or state of equivalent quality to
that which was approved or required by permit.
VEGETATED NON-TURF BUFFER: A designated area maintained to be at,least.50%
covered with noninvasive native vegetation other than turf grass.This buffer serves to
nrotectzan�adiacent naiural'feature by filtering ruuaff,:stabilizing soil and providin
habitat The area is.r lanted-or,naturallya colonized with� mix of native trees,shrubs;.
Perennials acid groundcovers choseit'for their deep root;systen s to enhance sail stability
and-%vater`infiltration Thrf grass, iiiciuditna fescue sneeies,pesticides•and fertilizers.are not
permitted within'the buffer zone Vegetated non-turf buffers are subiect to a planting-plan.
1
SEQRA EAF Attachment
"A Local Law in relation to an Amendment to Chapter 275, Wetlands and Shoreline"
:approved 6y`the Board based"upon site4peci& needs:
In addition, with the intent to better protect water quality and ecological values, the following
changes are proposed:
• The setback for pools from wetlands is proposed to increase from 50 feet to 60 feet for
standard in-ground pools and 100 feet for pools requiring retaining walls greater than 2
feet above grade.
• Proposed regulations to prevent additional dock structures in the Town's freshwater lakes
and ponds.
Environmental resources including freshwater and tidal wetlands, surface water bodies,maritime
natural communities, and adjacent land will experience only positive impacts from the changes
to this code as described above.
The other amendments were administrative in nature having to do with processing applications
and correcting a personnel title.
2
Agency Use Only [If applicable]
Project- Local Law Amend Chapter 275
Date: October 24,2025
Short Environmental Assessment Form
Part 2 -Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept"Have my responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1 Will the proposed action create a material conflict with an adopted land use plan or zoning �--t
regulations? �J
2. Will the proposed action result in a change in the use or intensity of use of land? El
3. Will the proposed action impair the•character or quality of the existing community?
D 0
4. Will the proposed action have an impact on the environmental characteristics that caused the
El
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or r—[
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ✓ ❑
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing: �✓
a. public/private water supplies? a ❑
b. public/private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic,archaeological,
Fv] El
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g., wetlands, a
waterbodies,groundwater, air quality,flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage
problems?
El11. Will the proposed action create a hazard to environmental resources or human health?
PRINT FORM Pagel of 2
SEAF 2019
Age ri� Use Onl [ifaliplicablej.
Project: Amend Chapter 275
Date: October 24, 2025
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact,please
complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting;
probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-
term, long-term and cumulative impacts.
The nature of the changes to the Town's Wetlands regulations as proposed are intended and expected to make
positive environmental impacts by clarifying definitions, restricting docks in freshwater ponds and lakes, and
increasing setback distance of pools to wetlands.
See attached narrative with more detail.
aCheck this box if you have determined,based on the information and analysis above, and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
qq Name of Lead Agency Date
�S1 u+ T. krUi2SlCfi (�E^. 1'l/lf`t1 `'UC_ �li` iC',
Print or Type Name of Responsible Officer in Lead Agency Title of Rdspbh Jble Officer
Signatdri of Resp nsible OffIcer in Lead Agency Signature of Preparer(if different from Responsible Officer)
PRINT FORM Paae 2 of 2
SUFFOLK"COUNTY
AFFIDAVIT OF PUBLICATION LEGAL NOTICE
TQ1hl.P1_QESOUTK QLD`. .
The Suffolk Times NOTICE OF PUBLIC_HEARING.
PO BOX 1500,Mattituck, NY 11952 NOTICE IS,HEREBY,GIVEN there
518 730-4551 has been presented to the Town.
Board of.the Town.of Southold,
Suffolk County,New York;,on,th6
State of Florida, County of Orange, ss: 25th.day of September 2025
Local Layrentltled" q I,gc l Lay-
I,Ankit Sachdeva, of lawful age, being duly sworn upon oath in-nalatian.f275nW tends and
9 9 Y P t4 c�ar�te�2ZZSS�e_tl�ands�sC
depose and say that I am an agent of Column Software, PBC, Shoreline.::1' and nowtherefor be
duly appointed and authorized agent of the Publisher of The It,
Suffolk Times, a Weekly newspaper of general circulation, NOTICE IS HEREBY FURTHER
printed and published in Mattituck Suffolk Count New York, GIVENthafSouthwnBoardof `
P p � Y� the:Town of$outhold will'hold a
designated by the County Clerk of Suffolk County as a public:hearing on theaforesaid;
newspaper of record;that the publication, a co of which is Local Law at Southold Town Hall,,
P PY 53095 Main Road,<$outhold,N,ew
attached hereto,was published in the said newspaper on the York,on the 7th day of October,
following dates. 2025 at 4:30 p.rn.'at which time all.
interestedr persons will be given,an
oppo
Publication Dates: rtunity to be heard:
• Oct 2, 2025 The proposed Local Law entitled;
"A'-(oral-Levi ir--eletior_t..to o-
Notice ID: ovu3RVvWdiHPApfnoOAA Amendme.nt.to`Ghapter27.5
we I nds_aan Shoreline". which
Notice Name: PH -Ch.275,Wetlands and Shoreline reads.as,follows:
Publication Fee: $61.80
LOCAL LAW NO._2025
ANk�t Sackde�a A.Local Law entitled, "! -1.6 al.:
Law in relation to an Amendmenf'
tq.:.9haR��27.5�ti+!Wettands a�.d.
\?;;P:R1//../11 PAMELA BAEZ ftoreline"
Agent . a
Notary Public-State of Florida BE'IT:ENACTED Vy the Town.
Board bf the Town of Southold as
VERIFICATION - a Commission#HH 186700 follows,
a.. a
iop.F�o�\\�C� Expires on October 14,2025 I.PURPOSE-The Purpose of the
State of Florida i'n1li1u11111t `� amendment is'to amend_Chapter
County of Orange 275 Wetiands a6d,$Iiorelirie.
Signed or attested before me on this:10/03/2025 A.complete copy of this?proposed.
Local.Law is.available on the town
or at the.
Town,lerk's dtownny..yov
90� or at the Town.clerk's Office.during
nonn21 business hours.
Notary Public DATED:SEPTEMBER 25,2025 .
BY ORDER'•OF THE TOWN BOARD
Notarized remotely online using communication technology via Proof. DENIS NONCARROW,SOUTHOLD
TOWN CLERK
PH-Ch.275,Wetlands and Shoreline I Page 1 of 1
Invoice
Times Review Media Group Invoice number UQG6HQOZ-0012
PO Box 1500 Notice ID ovu3RVvWdiHPApfnoOAA
Mattituck,NY 11952 Publisher The Suffolk Times
lbazata@timesreview.com Date of issue Sep 26,2025
(631)354-8021
Date due Oct 26,2025
Bill to Amount due $61.80
Southold Town Clerk
Description Qty Unit price Amount
10/02/2025:Public Notice -With 1 36.80 36.80
Affidavit Notice
Affidavit Fee 1 25.00 25.00
===Notes=== NetSubtotal $61.80
Notice Name:PH-Ch.275,Wetlands and Shoreline
===How to pay this invoice=== Tax 0.00
Column Software PBC accepts online paymentvia creditor debit card,or
ACH bank transfers.Please click hereto pay online: (•
https://www.column.us/invoices/w6XwwduBaerEe0Edu988/pa i '',Amountdue $61<80
Please note that,once paid,the merchant name on your billing statements
will be Column Software PBC.
Select organizations may also pay via check.Checkswill result in
processing delays and should not be used if your notice requires upfront
payment.Please pay the exact amount due,write your invoice number
UQG6HQOZ-0012 on the memo,include a printed copy of your Invoice
PDF,make the check payable to Times Review Media Group,and mail to
the address above.
Pay here: https://www.column.us/invoices/w6XwwduBaerEeOEdu988/pay,
Questions? Contact us at Ibazatagtimesreview.com or(631) 354-8021 UQG6HQOZ 0012 - Page 1 of 1
INTERIM AD DRAFT
This is the proof of your ad scheduled to run in The Suffolk Times on the dates indicated below. If
changes are needed, please contact us prior to deadline at (518) 730-4551.
Notice ID:ovu3RVvWdiHPApfnoOAA I Proof Updated:Sep.26,2025 at 03:40pm EDT
Notice Name: PH-Ch.275,Wetlands and Shoreline
See Proof on Next Page
This is not an invoice.Below is an estimated price,and it is
subject to change.You will receive an invoice with the final
price upon invoice creation by the publisher.
FILER FILING FOR
Jennifer Mudd The Suffolk Times
jennifer.mudd@town.southold.ny.us
Columns Wide: 1 Ad Class: Legals
10102/2025:Public Notice-With 36.80
Affidavit
Affidavit Fee 25.00
Subtotal $61.80
Tax% 0
Processing Fee $0.00
Total $61.80
PH - Ch. 275, Wetlands and Shoreline - Page 1 of 2
SUFFOLK.COUNTY
LEGAL NOTICE
TQWN Of SOUT.kiO.LD
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN there
lias been presented to.the Towri
Board'of the Town ofSouthold',.
Suffolk County,New York,.on•flie
25th day:of September,20,25;h
Local Law enfltl`ed�/�_Looal l,ayr_
[n.:relati nn:�o..:an.Ameoiic►aeot.
Lo_Chapter 275 Wetlands and
Stiot?QRn.e,:..and now.therefor.be
NOTICE is HEREBY FURTHER,
GIVEN that the Town Board:of
theTowh of Southold will bold a.
public heaeing'ori the.'aforesald'
Loca(LawattSouthold:Town Hall,
53095:Main Road,.Southold,New-
york,on'the 7tii day of`October,
2025.at 4:30 P.m.at which'time:ail,
interested persons Will he;given,an
opportunity to be heard:
The proposed Local Law entitled,
"A 4oc..al_4av�c..tn_r..olatian_tn._an_
AmendmentAo.-Chapter_27.5..
wet la ds� nd Stab elr.ine,,. which
reads as foflows:
LOCAL LAW NO—2025
A.Local Law�entitled,_'A LocaL
Laud i latgrto an Amendment
io_G.haR.tec275 Wetlands and-
Sfiorelirte
BE IT ENACTED by the Town
Board"of Siie Town of Southold=as
follows:
1.PURPOSE-The Purpose of"thei
amendrrient'is to 6mend.Chapfer
275"Wetlands and;Shoreline.
A cornpietecopy ofthls proposed
Local Law is avallable on the town
website:www.souiholdtownnyy.gov
or at'the.Town Glerk's:Office during;
normal business hours.
DATED:-SEPTEMBER 25;2025
BY ORDER OF THE TOWN BOARQ
DENIS NONCARROW SO.UTHOLD
TOWN CLERK.
PH - Ch. 275, Wetlands and Shoreline - Page 2 of 2
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis Nonearrow, Town Clerk of the Town of Southold,New York being duly
sworn, says that on the 26th day of September, 2025, a notice of which the annexed
printed notice is a true copy was affixed, 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, 53095 Main Road, Southold,New York and the Southold
Town Website: www.southoldtoLAM.gov
PH (10/7/2025 @ 4:30 PM)—Ch. 275 Wetlands & Shoreline
Denis Noncarrow
Southold Town Clerk
Sworn to before me on the
26th day of September,/2025
Notary Public
JENNIFER M MUDD
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01 MU6429053
Qualified In Suffolk County pn(
My Commission Expires February 07.20.,.
Mudd, Jennifer
From: Reisenberg, Lloyd
Sent: Friday, September 26, 2025 3:46 PM
To: Mudd,Jennifer
Subject: RE: Emailing: Ch. 275-Wetlands and Shoreline.doc
All set Jen.
Lloyd H. Reisenberg
Network and Systems Administrator
Town of Southold, New York
www.southoldtownny.gov
Iloyd.reisenberg@town.southold.ny.us
0: 631-765-1891 1 M:631-879-1554
CONFIDENTIALITY NOTICE:This communication with its contents may contain confidential and/or legally privileged
information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is
prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the
intended recipient, please contact the sender and destroy all copies of the communication.
-----Original Message-----
From: Mudd,Jennifer<jennifer.mudd@town.southold.ny.us>
Sent: Friday, September 26, 2025 3:25 PM
To; DeChance, Paul <pauld@southoldtownny.gov>; Doherty,Jill <jill.doherty@town.southold.ny.us>; Doroski, Greg
<greg.doroski@town.southold.ny.us>; Evans, Louisa <louisae@town.southold.ny.us>;Johnson, Benjamin
<benjaminj@southoldtownny.gov>; Krupski,Al <alk@town.southold.ny.us>; Lisa Finn (lisaahfinn@gmail.com)
<lisaahfinn@gmail.com>; McGivney,Julie<juliem@southoldtownny.gov>; Mealy, Brian
<brian.mealy@town.southold.ny.us>; Norklun, Stacey<Stacey.Norklun@town.southold.ny.us>; Reisenberg, Lloyd
<Lloyd.Reisenberg@town.southold.ny.us>;Schlachter,Amy<amys@southoldtownny.gov>; Smith,Anne
<anne.smith@town.southold.ny.us>; Squicciarini,James<jacks@southoldtownny.gov>;Standish, Lauren
<Lauren.Standish@town.southold.ny.us>;Tom aszewski, Michelle<michellet@town.southold.ny.us>;Tomaszewski,
Zachary<zact@southoldtownny.gov>
Cc: Noncarrow, Denis<denisn@southoldtownny.gov>; Rudder, Lynda<lynda.rudder@town.southold.ny.us>; Born,
Sabrina <sabrina.born @town.southold.ny.us>
Subject: Emailing: Ch. 275-Wetlands and Shoreline.doc
Good Afternoon,.
Please see attached legal notice.
Thank you,
Jeri
Jennifer M. Mudd
Sub-Registrar and Deputy Town Clerk
Account Clerk
Southold Town Clerk's Office
53095 Route 25, P.O. Box 1179
Southold, NY 1197.1
1
Phone: 631-765-1800 ext. 1274
Fax: 631-765-6145
www.southoldtownny.gov
Your message is ready to be sent with the following file or link attachments:
Ch. 275-Wetlands and Shoreline.doc
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file
attachments. Check your e-mail security settings to determine how attachments are handled.
i
t
2
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of
Southold, Suffolk County,New York, on the 25th day of September, 2025, a Local Law
entitled"A Local Law in relation to an Amendment to Chanter 275 Wetlands and
Shoreline." and now therefor be it,
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,
Southold,New York, on the 7th day of October, 2025 at 4:30 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chanter 275
Wetlands and Shoreline", which reads as follows:
LOCAL LAW NO. 2025
A Local Law entitled, "A Local Law in relation to an Amendment to Chanter 275 Wetlands
and Shoreline"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. PURPOSE -The Purpose of the amendment is to amend Chapter 275 Wetlands and
Shoreline.
II. AMENDMENT - The Southold Town Code is hereby amended by removing the struck
through words and adding the underlined words as follows:
§ 275-2. Definitions; word usage.
B. AS-BUILT PLANS —Plans prepared to scale by a licensed surveyor certified to the
applicant detailing and al erations e .,a,,,t.ed OF did i g to a valid r mi;+. current
conditions on the Property, highlighting any and all differences from a valid permit.
IMPERVIOUS SURFACE—Any hard-surfaced, man-made area that does not retain or absorb
water, including but not limited to building roofs, mortared patios,paved parking lots and
driveways, sidewalks and other paved areas, including compacted surfaces such as those made
with Recycled Concrete Aggregate (RCA) or similar materials that,while not traditionally
paved, significantly limit infiltration and function as impervious for stormwater purposes.
INNOVATIVE/ALTERNATIVE (I/A) SEPTIC SYSTEM: An onsite wastewater treatment
system that utilizes advanced treatment processes, such as aeration,filtration, or enhanced
biological activity, to reduce nitrogen and other pollutants beyond the levels achieved by
conventional septic systems, as approved for use in Suffolk County by the Suffolk County
Board of Health.
OPEN-GRATE DECKING ---Decking material designed to allow light to pass through the
area below,typically through spaced slats or perforations allowing at least 50% of light to
filter through. Often required for docks and walkways to preserve aquatic vegetation and
protect the underwater environment.
ORDINARY AND USUAL MAINTENANCE—Actions on a wetlands-permitted, functional
v �
structure which do not involve more than 7"' 25% of the entire structure per calendar
year and which are required to preserve such structure in a condition or state of equivalent
quality to that which was approved or required by permit.
VEGETATED NON-TURF BUFFER: A designated area maintained to be at least 50%
covered with noninvasive native vegetation other than turf grass. This buffer serves to
protect an adiacent natural feature by filtering runoff, stabilizing soil and providing
habitat. The area is planted or naturally colonized with a mix of native trees, shrubs,
perennials and groundcovers chosen for their deep root systems to enhance soil stability
and water infiltration. Turf grass, including fescue species, pesticides and fertilizers are
not permitted within the buffer zone. Vegetated non-turf buffers are subject to a planting
plan approved by the Board based upon site-specific needs.
§275-3. Findings; purpose; jurisdiction; setbacks.
D. Setbacks.
(1) The following minimum setbacks apply to any and all operations proposed on residential
property within the jurisdiction of the Board of Trustees:
(a) Wetland boundary or bank.
[5] Swimming pool and related structures: -50 feet. - 60 feet. Pools
requiring retaining walls greater than 2' above tirade— 100 feet.
§275-8. Processing of application.
B. Investigation and coordination.Upon receipt-of the application,the office of the Trustees
shall maintain the original'rnd the file and forward one copy thereof to each of the following as
necessary: the Conservation Advisory Council, the LWRP Coordinator,the Stormwater
Management Officer,the Planning Department, and the Zoning Board. The Gense,..,afie,;
days,Advisory Geuneil shall review said appheatien and the eff-eet, if any, en the weti—Ands _A�_d fiddal-
w4er-s of the Town that ma�,result from the proposed eper-afiens &ad shall, within 20 days of
report. if -is r-eeeived within 20
the review by the Genser-vatien Adyisei:y
Getwil AM]] be ddee-amed waived.
§275-11 Construction and operation standards.
A. General. The following standards are required for all operations within the jurisdiction of
the Trustees:
(4) Fences.
(d) Only one posted'sign per 100 linear feet offence is allowed on a split-rail
fence. Posted signs shall be no larger than 12 inches by 12 inches square.
Any fence, barricade or impediment to pedestrian traffic on the beach or
wetland area in violation of the provisions of this chapter shall be removed
upon written notice to the owner of the premises upon which such fence,
barricade or impediment is located, sent by certified or registered mail.
Such fence, barricade or impediment shall be removed by the owner
within 30 days of the date of the notice. Upon failure to comply with such
notice, the Building Inspector,the Office of Code Enforcement, or a Ba3-
C-unstable Harbormaster may remove or cause the removal of the illegal
structure.
(e) If any fence, barricade or impediment is determined by the Building
Inspector,the Office of Code Enforcement, or a Bad
Censtable Harbormaster to create a hazard to the health, safety or
welfare of the public, such structure may be removed and disposed of by
the Town without prior notice to the owner. Upon removal by the Town,
all costs and expenses incurred by the Town for the removal of such fence,
barricade or impediment shall be the responsibility of the owner. The
Town may, pursue any and all remedies available at law to.recover any
unpaid costs associated with removal, including filing a statement with the
Town Assessors, identifying the property in connection with which such
expenses were incurred and the owner thereof as shown on the latest
assessment roll of the Town. The Assessors, in preparation of the next
assessment roll, shall assess such amount upon such property. Such
amount shall be included in the levy against such property, shall constitute
a lien and shall be collected and enforced in the same manner, by the same
proceedings, at the same time and under the same penalty as is provided
by law for the collection and enforcement of real property taxes in the
Town of Southold.
C. In water. The following standards are required for all in-water operations adjacent to
residential properties. Operations conducted on properties zoned M1 or M2 may be given greater
flexibility in these requirements given the water-dependent nature of their use.
(2) Docks
(b)Dock locations and lengths.
[3] Prohibited locations and activities.
[a] No new docks utilized for residential purposes shall be permitted on
the Great/Little Peconic Bay, Pipes Cove, Southold Bay, Gardiners
Bay, Shelter Island Sound, Hog Neck Bay, Orient Harbor,
Haliocks Bay or Long Beach Bay with the exception of Fisher's
Island and Robin's Island. No new docks will be permitted on the
Long Island Sound or^ vegetated we*'a„as of sueb.*'flffi*it
habitat f.,,..,..o.,4afi,., of vegetated, ,e,-,ands in the
following areas: Downs Creek, T allee s Ba-y,
Hashamomack Creek ffid Pon , Long Creek(branch of Mattituck
Creek, East of Grand Avenue bridge), Pipe's Cove
Creek,and West Creek, Laurel Lake,Marion Lake,Maratooka
Pond,Husing Pond,Lilly Pond, Great Pond,Inlet Pond,
Hashamomack Pond and Dam Pond.
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
DENIS NONCARROW Town Hall,53095 Main Road P:O,\
TOWN CLERK 4 ID Box 1179
+ " � Southold,New York 11471 Fax
REGISTRAR OF VITAL (631)765-61'45 Telephone(631)
STATISTICS MARRIAGE OFFICER 765-1800
RECORDS.MANAGEMENT www.southol'dtownny.gov
OFFICERFREEDOM OF
INFORMATION OFFICER . l T1 „
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THISJS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2025-745 WAS
ADOPTED AT THE REGULARIVIEETING'OF THE,SOUTHOLD TOWN BOARD ON
SEPTEMBER 25,,2025:
WHEREAS,there has been,presented to:the Town Board of the Town of Southold, Suffolk
County,;New York,on the 25th day,of September,2025, a Local:Law entitled"A Local Law in
relation to-an Amendment to Chapter 275 Wetlands and Shoreline,"and now therefor be it,.
RESOLVED that the Town Board of the Town,of Southold will hold a public hearing on the
aforesaid.L-oval Law at Southold Town.Hall, 53095 Main Road,_Southold,New York; on the 7th
day of October,2025 at 4 :30 P.M. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled,"A Local Law in relation to an Amendment to Chapter 275
Wetlands and Shoreline",which reads as follows:
LOCAL LAW NO. 2025
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 275 Wetlands
and Shoreline"
BE IT ENACTED by the Town Board ofthe Town of Southold as follows:
I. PURPOSE -The:Purpose of the amendment is to amend Chapter 275 Wetlands and
Shoreline.
H. AMENDMENT-The Southold Town Code is hereby amended by removing the struck
through words.and adding-;the underlined words as follows:
§27572.' Definitions; wor l.usage.
B. AS.=BUILT PLANS.—Plans prepared to scale by a licensed surveyor certified.to the
applicant detailing ,, cur rent
conditions,on the property,highlighting any,and all differences from a valid permit.
IMPERVIOUS.SURFACE—Any.hard-surfaced;man-made:area-'that does not retain or absorb
water,including but not limited to,.buildingxoofs, mortared patios,paved parking lots and
driveways;sidewalks aiid other paved areas,including compacted surfaces such as those made
with Recycled Concrete Aggregate�MCA) or similar materials that,while.not traditionally
paved,00Mcantly"'limit infiltration and function as impervious for stolznwater purposes.
INNOVATIVE%A> TERNATIVE (UA) SEPTIC SYSTEM: An onsite wastewater treatment
systen that utilizes advanced tr eatni'ent processes,such:as aeration,filtration;or enhanced
biological activity,to reduce nitrogen and other pollutants beyond:the,level&achieved by
.conventional septic systems.
OPEN-GRATE DECKING-- Decking material designed:to allow4ightio pass'-through the
'area'below;'typically'through spaced slats.6 perforations-allowing 4t least 50%:of light-to
.filter through Often required:for docks-and:walkways to.preserve aquatic vegetation and
protect the under-waier;environment:
ORDINARY AND USUAL.MAINTENANM—:Actions on a wetlands-permitted,functional
structure'which do not involve more than�a-25%.of the,entire,structure per calendar Peal'
and which:are,required to preserve such structure in a condition or state of equivalent.quality to
that which was approved or required by permit.
VEGETATED NON-TURYBUUFFER: A designated area'maintained to be,at least,50%o
covered with noninvasive,native vegetation�other than'tui-fgrass This buffer serves to
protect an adiacent.natural feature=by'filter ng.runoff,stabilizing.soil and providing
habitat The area is planted oi:naturally-colonized with.a-mix'.of'native"trees,shrubs;
perennials and roundcoveis:chosen-for'their deep root-syste ns'to enhance.soil'stability
and water infiltration Turf"grass,#ncludiag fescue species,pesticides and fertilizers are
not pekft fitted within the buffer zone Veketated non-turf buffers'are subiect to al planting,
plan approved by the Board based,upon site=specific"needs.
275-3. Findings,,purpose;jurisdiction; setbacks.
D. Setbacks.
(1) The following.minimum setbacks.apply to-any and all operations proposed on.
residential property within the,jurisdction.of the Board of-Trustees:
(a) Wetland bouuidary orbank.
[5] .Swimming pool and related structures:34 feet: -60 feet Pools
requiring retaining walls.greaten than 2' above.,grade,—100 feet..
§275=8. Processing of application. .
B. Investigation and coordination..Upon receipt of the application, the`office of the Trustees
shall maintain the or ginal m''the. file and,forward one copy thereof to each of the following as
necessary:the Conservation Advisory Council,the LWRP Coordinator,the Storinwater
Management Officer,the Planning Department, and'the•Zoning.Board.
•
r _�ePar
recommend that sue4 application,be
,
the reasons for- such disappr-oval shall
t foAh in ie epo 4' Tf n pen[e 1 e iris within;0 day,a the mview by 4he
§ 275-11 Construction and operation standards..
A. General. The following standards:arerequired for all operations within,the jurisdiction of
the.Trustees:
(4) Fences.
(d) Only'one posted sign per 100 linear feet of is allowed on a split-rail fence.
Posted signs shall be.no larger than 12 inches by 12 inches square.Any.fence,barricade or
im,pediment.-to,pedestrian traffic on,the.beach or wetland area in violation of the provisions
of this chapter shall be removed upon written notice:to the owner of the premises upon
which such'fence,barricade or impediment is located, sent by certified or registered mail.
Such fence, barricade or iinpediinent.shall be removed.by the owner with n'30 days of the
date of the-notice.Upon failure to comply with such notice,the.Building Inspector,the
Office,of Code Enforcement, ora:Bay Oenstzl Harbormaster.may remove or cause the
_removal of the illegal structure.
(e) If any fence,barricade or impediment,is determined by the Building Inspector,the.
Office.of Code-Enforcement, or a:: -C-ei��le Harbormaster to create a hazard fo the
health., safety or welfare.of the public, such-structure may be removed and disposed of by
:the Town,without prior notice to the. owner. Uponremoval by the Town, all costs and
expenses-incurred by the,Town for the removal of such fence;barricade.or impediment
shall be the responsibility;of`tke,°owner.The-Town may pursue any and all.remedies
ava lable'af'laW t0 recOver.any uripaid costs associated with removal, inchuding.filing a
'statement with the Town Assessors jdehtifying the-property-in connection with which
uch expenses-were'incurred and the;�owner thereof as shown:,on.the latest assessment roll.
of the Town. The Assessors, in preparation of the next.assessment roll, shall assess such
amount upon such property. Such amount shall.be included in the levy against such
property, shall constitute a lien and shall be collected and enforced in the same manner, by
the.same proceedings, at the same time and under the same penalty as is provided by law
for the collection and enforcement of real-property taxes in the Town of Southold.
C. In water. The following standards are required for-all in-water operations adjacent to
residential.properties. Operations conducted on properties zoned M1 or M2 may be given greater
flexibility in these requirements;given the water-dependent nature of their use.
(2) Docks.
(b)Dock'locations and.lengths.
[3]Prohibited locations'and activities.
[a] No.,new docks utilized,for residential purposes shall be.permitted on the
CTreat/L tale Pecom Bay,Pipes Cove, Southold Bay,Gardeners,Bay, Shelter Island
Sound, HogNeck;Bay, Orient Harbor,Hallocks Bay or Long Beach Bay with the
exception of Fisher's Island and Robin's Island.No new docks will be.permitted.on
,the Long•Island Sound cz or,eyor yegotate etlaads or&uo t hot ii na-use
5 in the following areas: Downs Creek,
Hallocks Bay,Hashamomuck Creek and Pond, Long Creek(branch of.Mattituck
Creek,East of Grand Avenue bridge),Pipe's Cove Creek,and West Creek, Laurel
Lake,Marion Lake,Maratooka Pond,Housing Pond,Lilly Pond,Great Pond,
Inlet,Pond,Hashamomack Pond and Dam Pond.
M. SEVERABILITY
If-any clause„sentence,paragraph, section', orpart of this.Local Law shall be adjudged by any
court of competent jurisdiction to'be invalid,the jud.gment'shall not affect the validity of this law r
as a,whole or any part thereof other than the.part:so decided to.be;,unconstitutional or.invalid.
IV. EFFECTIVE.DATE
This Local.Law shall take effect immediately upon filing with the Secretary of State as,provided
by law.
Denis Noncarrow
Southold Town'Clerk
RESULT-., Adopted.
MOVER: Councilman Mealy
SECONDER: Councilwoman Smith
AYES: Council J an Mealy, Councilwoman&iiith,Justice Evans, Councilman
LDoroski, Supervisor Krupski, Jr.
NAPES: None
Town of Southold,NY
§275-1 §275-2
ARTICLE I
General'Provisions
§275-2. Definitions; word usage.
A. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter,
have the meanings as herein defined. Any word or term not noted below shall be used with a
meaning as defined in Webster's Third International Dictionary of the English Language,
unabridged(or latest edition).
B. ACCESSORY STRUCTURE—A building or structure detached from a principal building located
on the same lot as and customarily incidental and subordinate to the principal building.
ACCESS PATH—An area, cleared by hand or hand-held equipment,no more than four feet
wide, left in its natural state and devoid of any man-made structure, to provide a walkway to
a body of water.
ADMINISTRATIVE PERMIT — A permit intended to provide an expedited review for
projects that are deemed consistent with the Trustee's policy regarding protection of wetland
resources.
AESTHETICS — The natural intrinsic appearance of a site or object in the context of
surrounding land use, views, viewsheds and vistas important to the community.
AGRICULTURE—The production,keeping or maintenance, for sale, lease or personal use,
of all plants and animals useful to man, including but not limited to forages and sod
crops; grains and seed crops; dairy animals and dairy products;poultry and poultry products;
livestock, including beef cattle, sheep, swine,horses,ponies,mules or goats or any mutation
of hybrids thereof, including the breeding and grazing of any or all of such animals;bees and
apiary products;fur animals;fruits.of all kinds,including grapes,nuts and berries,vegetables;
floral,ornamental and greenhouse products;or lands devoted to a soil conservation or forestry
management program.
APPLICANT—The party applying for permits or other approval pursuant to Chapter 275.
APPLICATION—The completed form or forms and all accompanying documents,exhibits,
and fees required of an applicant pursuant to Chapter 275.
AQUACULTURE—The raising or cultivation of living aquatic organisms.
AS-BUILT PLANS — Plans prepared to scale by a licensed surveyor certified to the
applicant detailing
current conditions on the property, highlighting any and all differences from a valid
permit.
BANK—Land incline adjoining a body of water, wetland and/or beach.
BAY—A body,of water within the boundaries of the Town of Southold,excluding the Long
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
• Town of Southold,NY
§ 275-2 § 275-2
Island Sound, lakes, and those bodies of water defined under "creeks."
BEACH—The zone of unconsolidated earth that extends landward from the mean low-water
line to the seaward toe of a dune or bluff,whichever is most seaward. Where no dune or bluff
exists landward of a beach,the landward limit of a beach is 100 feet landward from the place
where there is a marked change in material or physiographic form or from the line of
permanent vegetation,whichever is most seaward. Shorelands subject to seasonal or frequent
overwash or inundation are considered to be beaches.
BLUFF —Land presenting with a precipitous or steeply sloped face adjoining a beach or a
body of water. For the purposes of this chapter, a precipitous or steeply sloped face shall be
a face with a slope of 20% or greater and a height of greater than 20 feet between the toe of
the bluff and the top of the bluff.
BLUFF LINE—The landward limit of a bluff that is 25 feet landward of the receding edge
or, in those cases where there is no discernible line of active erosion, 25 feet landward of the
point of inflection on the top of the bluff. The point of inflection is that point along the top of
the bluff where the trend of the land slope changes to begin its descent to the shoreline.
BLUFF, TOE OF—The waterward limit of a bluff where the trend of the land slope changes
to begin its ascent towards the top of the bluff. Where a hardened structure is in place,the toe
of the bluff shall be the bottom of the seaward side of the structure.
BLUFF, TOP OF — The receding edge of the bluff or, in those cases where there is no
discernible line of active erosion, the point of inflection. The point of inflection is that
point where the trend of the land slope changes to begin its descent to the shoreline.
BOARD—Unless otherwise indicated, the Board of Trustees of the Town of Southold.
BOATNESSEL — Any floating object capable of carrying people as a means of
transportation in water, including an airplane capable of landing on water, as well as any
floating structure not otherwise considered to be part of a dock structure as defined herein,
with or without means of propulsion,that can be moored independently or can be secured by
any means to a piling, dock, bulkhead, groin, or other fixed device located above or below
mean high water. This definition excludes floating docks and swim platforms.
BUFFER AREA—A defined area landward of a wetland boundary, coastal erosion hazard
line or bluff line measured as a linear distance,perpendicular to said boundary.
BULKHEAD—A structure or barrier, the intended use for which is to separate and act as a
barrier between earthen material and water. This definition excludes gabions and revetments.
CATWALK — An elevated walkway, usually built to gain access to a commercial or
residential dock, built at a fixed height above grade and which is constructed landward of the
high-water mark.
CLEARING — Cutting down, felling, thinning, logging or removing, killing, destroying,
poisoning, ringbarking, uprooting or burning vegetation, severing, topping or lopping
branches, limbs, stems or trunks or substantially damaging or injuring in other ways that
would cause or contribute to the death or affect the survivability and growth of vegetation.
This definition also includes removal of dead and dying vegetation.
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
• Town of Southold,NY
§ 275-2 § 275-2
CLERK—Unless otherwise indicated, the Clerk of the Board of Trustees.
COASTAL CONSTRUCTION — The repair, modification, reconstruction or new
construction of structures,including but not limited to bulkheads,docks,floats,jetties,groins,
catwalks, stairways, decks, revetments, any erosion or water control device. Included in this
definition is landscape design, landscape architecture, the installation or maintenance of
lawns,hedges,trees and other plantings or structural elements such as patios,decks,retaining
walls,in-ground irrigation systems, or other work in and around wetland areas which requires
a permit pursuant to this chapter entitled "Wetlands and Shoreline" or Chapter 111, Coastal
Erosion Hazard Areas, of the Town Code.
COASTAL CONTRACTOR—A person who carries out, engages in, undertakes or holds
himself out to others as performing or available to perform coastal construction.
COASTAL EROSION HAZARD LINE — The landward boundary of the Coastal Erosion
Hazard Area defined by Article 34 of the New York State Environmental Conservation Law.
COMMERCIAL AGRICULTURE—Agriculture (See above.) intended to earn an income.
COMMERCIAL DOCK — Any catwalk, fixed or floating dock or extension of such,
designed, used and/or intended for use other than as a residential dock, as defined in this
chapter.
CONSERVATION—Protection in natural or existing condition.
CONSTRUCTION AND DEMOLITION (C & D) DEBRIS — Includes, but is not limited
to, waste cement, concrete, masonry work, brick, tile, sheetrock, plaster, wood shingles and
the like and rubble resulting from remodeling, demolition, repair and building of structures.
CREEKS — Broadwaters Cove, Brushes Creek, Budd's Pond, Cedar Beach Creek, Corey
Creek, Dam Pond, Deep Hole Creek, Down's Creek, East Creek, East Harbor, Goose Creek,
Goldsmiths Inlet, Gull Pond, Hallock's Bay, Halls Creek, Hashamomuck Creek, Haywaters
Cove,James Creek,Jockey Creek,Little Creek,Long Beach Bay,Mattituck Creek,Mattituck
Inlet, Mud Creek, Paradise Point Creek, Pipes Neck Creek, Richmond Creek, Town Creek,
West Creek, West Harbor,West Lake, Wickham Creek,Wunnewata Lagoon and Wunnewata
Pond.
CRITICAL ENVIRONMENTAL AREAS—All sites which are critical environmental areas
worthy of protection, including, but not limited to, Cutchogue Harbor Wetlands, Hallock's
Bay; Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach,
Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmith's Inlet, Halls
Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek.
DECK—A structure and/or platform without a roof that is either freestanding or attached to
a building supported by pillars and/or posts constructed of various materials.
DECKING — Horizontal structural components of a dock, deck, pier or other shoreline
structure intended to be walked upon.
DOCK—Any permanent or seasonal structure, except a building, located or proposed to be
located on lands abutting or comprised of freshwater or tidal wetlands or connected to a
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-2 § 275-2
bulkhead or the upland and extending over the water's surface, designed to secure vessels and
provide access from the shore to a body of water. For the purpose of this chapter, this term
shall also include the associated structures necessary to cross wetlands and adjacent natural
areas. The term "dock" includes the terms "wharves," "piers," "fixed docks," "docks," or
"floats."
DOCK LENGTH — The length of a dock, including all fixed docks, ramps, floating docks
and mooring piles, as measured from the most landward portion of the structure to the
seaward-most portion of the dock or the seaward-most mooring pile, whichever distance is
greater.
DUNE — A ridge or hill of loose, windblown or artificially placed earth, the principal
component of which is sand.
EROSION CONTROL —.Actions taken or structures installed to prevent the wearing away
of the land or loss of soil by the action of water, ice or wind. Erosion control typically relates
to stabilization of unvegetated soils resulting from excavation, grading, stockpiling,
construction or other activities.
FIXED DOCK—An elevated walkway which is constructed at a fixed height above grade
and which extends seaward from the high-water mark or a point landward.
FLOAT—See "boat/vessel."
FLOATING DOCK—Any structure, raft or floating platform, the intended use of which is
to secure a boat or vessel, which is designed to float upon the surface of a water body and is
secured in place by poles,pilings, anchors,or any other type of mooring system that provides
access to the water.A floating dock includes the float itself and any pilings or mooring system
designed to keep the dock at a fixed point.
FUNCTIONAL—Any structure that has retained its intended purpose and use,as determined
by the Board of Trustees.
FUNCTIONAL BULKHEAD—A bulkhead that is at least 75%physically intact and serving
the purposes for which it was designed.
FUNCTIONAL JETTY/GROIN—A jetty or groin that is at least 75%physically intact and
serving the purposes for which it was designed.
GABION—A shoreline structure consisting of stone and/or rock enclosed in a mesh cage or
similar, designed to stabilize soil or sediments.
GROIN—A man-made barrier, typically perpendicular to the shoreline, used to change the
natural littoral drift, prevent erosion, or protect an area from wave energy.
HABITAT — The place where a plant or animal species naturally lives and grows; or
characteristics of the soil,water,and biologic community(other plants and animals)that make
this possible.
HABITAT FRAGMENTATION—Destruction or impairment of habitat such that it results
in breaks in areas of contiguous habitat. Habitat fragmentation can also cause a greater
distance between adjacent (noncontiguous) habitats. These actions prevent the transfer of
organisms, natural materials and energy within a habitat. Habitat fragmentation.can result
from the placement of physical barriers within a contiguous habitat or between adjacent
Downloaded from httos://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-2 § 275-3
habitats, but can also occur as a result of removal of vegetative cover, changes in sediment
characteristics and/or changes in hydrology.
HARVESTING—The gathering or collecting of natural resources and organisms.
HOMEOWNERS' OR HOMES ASSOCIATION — A community association, including
a condominium association, which is organized in a residential development in which
individual owners have a shared interest in the responsibility for open space or facilities.
HORTICULTURE—The raising of plants. (See "agriculture.")
IMMEDIATE PROJECT AREA —The minimum area required to allow access to the site
by the machinery conducting the operation.
IMPERVIOUS SURFACE — Any hard-surfaced, man-made area that does not retain or
absorb water, including but not limited to building roofs, mortared patios, paved parking
lots and driveways, sidewalks and other paved areas: , includinij compacted surfaces such
as those made with Recycled Concrete Aggregate(RCA) or similar materials that,while
not traditionally paved, significantly limit infiltration and function as impervious for
stormwater purposes..
INNOVATIVE/ALTERNATIVE (I/A) SEPTIC SYSTEM: An onsite wastewater
treatment system that utilizes advanced treatment processes,such as aeration,filtration,
or enhanced biological activity, to reduce nitrogen and other pollutants beyond the
levels achieved by conventional septic systems.
JETTY — A man-made barrier used to maintain beach elevation, prevent erosion, and
maintain inlet entrances.
LANDWARD—In the opposite direction from the water or wetland.
LOW-PROFILE JETTY — The definition of "low-profile jetty" is site specific, but it
typically is a structure no higher than 18 inches above existing soil or sediment grade on the
down-drift side and shall not extend seaward of apparent low water.
LOW-SILL BULKHEAD —A subtidal structure designed to stabilize the toe of a slope or
shore and often associated with boat basins or other navigable waterways.
MAINTENANCE DREDGING — A dredging project will be considered maintenance
dredging if there is documentary evidence that it has been previously dredged.
MAN-MADE POND - A constructed inland body of water, including, but not limited to,
lined and unlined irrigation ponds and ornamental ponds.
MARINA—Any dock,pier or other facility operated for profit,or to which public patronage
is invited, providing moorings, dockage or other marine services primarily for power and
sailing yachts, launches or other watercraft, other than floating homes, and which may also
be capable of removing any and all watercraft moored or docked within the marina from the
water for.repair and/or storage.
MATERIAL — Soil, sand, stone, gravel, clay, bog,.peat, mud, wood or any other material,
including liquids, organic or inorganic.
MEAN HIGH WATER (MHW) —The average of all the high-water heights observed over
the most previous eighteen-and-one-half-year period.
MEAN LOW WATER (MLW) — The average of all the low-water heights observed over
the most previous eighteen-and-one-half-year.period.
Downloaded from hops://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§275-2 § 275-3
MONOPOLIZE—The use for an unreasonable period of time to the exclusion of others or
to unreasonably restrict:or obstruct the use of any public bulkhead, dock or landing owned or
controlled by the Town of Southold.
MOORING—Anchoring for greater than 48 hours other than in designated anchorage areas as
established by a governmental agency.
NONDISTURBANCE BUFFER—A vegetated area,as designated by the Board of Trustees,
immediately landward of the wetland boundary, shoreline structure, or other line designated
by the Trustees where no operations,maintenance,placement of signs or other activities may
take place, except that man-made debris may be removed from such area by hand without the
permission of the Board of Trustees.
NONFERTILIZER—Not to include the use of fertilizers of any type.
NONTURF BUFFER—A designated area where turf grass,pesticides and fertilizers are not
permitted. Any pervious material allowing for percolation of surface runoff into the soil is
allowed. Examples include native vegetation, wood chips, mulch, gravel, and sand. Decks
may be allowed if they are level or pitched away from the water, are pervious to precipitation
and are constructed of materials other than treated lumber. Any and all runoff generated by
such structures must be allowed to percolate into the ground directly below the structure.
OPEN-GRATE DECKING - -Decking material designed to allow light to pass through
the area below, typically through spaced slats or perforations allowing at least 50% of
light to filter through. Often required for docks and walkways to preserve aquatic
vegetation and protect the underwater environment.
OPERATIONS—
(1) The machine excavation and/or removal of material from wetlands; any activity in.
freshwater or tidal wetlands or in any area within Trustee jurisdiction.
(2) The placement,repair or removal of structures, including, but not limited to,boats,
floating docks, floats, dock components, and duck blinds;
(3) The deposit or discharge of material on any area that results in the transport of said
materials into-wetlands or in any area within Trustee jurisdiction; or
(4) The erection, construction, alteration, repair or enlargement of any building, dock,
pier, wharf, bulkhead,jetty, groin, or any system or other structure, temporary or
permanent, on wetlands, or in any area within Trustee jurisdiction; or
(5) Removing or otherwise affecting the growth of plants in wetlands or in any area
within Trustee jurisdiction.
ORDINARY AND USUAL MAINTENANCE — Actions on a wetlands-permitted,
functional structure which do not involve more than 75%. 25% of the entire structure per
calendar year and which are required to preserve such structure in a condition or state of
equivalent quality to that which was approved or required by permit.
ORIGINAL STRUCTURE — The earliest known, permitted or otherwise documented
structure.
PATENT LANDS—All uplands and underwater lands owned in fee title by the Trustees by
virtue of the Andros Patent(October 31, 1676).
PEAK LUNAR TIDES Those excessively'high tides or spring tides caused by lunar
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-2 § 275-3
gravitational phenomena.
PERSON—Any individual, any combination of individuals, firm, partnership, association,
society, corporation,joint-stock company, company, organization or other legal entity.of any
kind, including municipal corporations or governmental agencies or subdivisions thereof.
PIER — A fixed structure to secure vessels unloading or loading persons or property or
providing access to the water.
PIER LINE — The seaward projection created by drawing an imaginary line between
the immediately adjacent existing permitted principal structures, docks, piers, wharves or
floats.
PLATFORM—See "deck."
POND—An inland body of water.
PREEXISTING NONPERMITTED AND/OR NONCONFORMING STRUCTURES —A
structure, use or lot that is not otherwise permitted but which is allowed to continue solely
because it was lawfully existing prior to the effective date of the original law or ordinance or
prior to any subsequent amendment, as the case may be. Any determination of lawful
existence must at least include a review of prior land use laws and ordinances.
PROACTIVE RESTORATION — Restoration undertaken solely for the benefit of the
natural environment'and not associated with compensatory mitigation or other regulatory
requirements. Proactive restoration typically includes planting of beneficial native vegetation
(i.e., vegetative enhancement) in a natural setting at a time, place and in a position that are
conducive to future survival and growth.
RESIDENTIAL — Associated with a single- or multiple-family home, apartment or
condominium, excluding marinas and public property.
RESIDENTIAL DOCK—Any fixed dock and/or floating dock designed or constructed as a
continuous unit to provide access to the surface waters from a lot that is zoned for residential
use. The term "dock" shall include all associated structures such as ramps and mooring piles.
RESIDENTIAL HORTICULTURE — The raising of plants for ornamental purposes on
residential lots.
RESOURCE BUFFER AREA — A buffer area with specific quantifiable natural resource
value.
RETAINING WALL—A bulkhead landward of the wetland boundary.
REVETMENT — A shoreline hardening structure landward of the wetland boundary
typically constructed of rock or stone. See "gabion."
RIPRAP — A layer, facing or protective mound of rubble or stones randomly placed to
prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this
purpose.
SEASONAL STRUCTURE—A structure that may not be installed prior to April 1 of each
calendar year and must be removed by December 1 of each calendar year.
SETBACK—The minimum distance by which any building, structure or operations must be
separated from a wetland boundary, coastal erosion hazard line or bluff line.
SHEATHING—Vertical structural components of a bulkhead or retaining wall necessary to
keep soil and sediment from passing through the structure.
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-2 § 275-3
SHORELINE STRUCTURE — Any intentionally constructed structure on the shore
composed of man-made or natural materials. See "structure."
SILT BOOM—A structure deployed within the water column that is designed to prevent the
passage or spreading of suspended sediments and contaminants from the immediate project
area to surrounding waters.
SOUND — Includes the following: Long Island Sound, Fishers Island Sound and Block
Island Sound.
SPAWNER SANCTUARY—An area of bottom designated by the Trustees for the purpose
of protecting and enhancing shellfish populations for a specific period of time.
SPLIT-RAIL FENCE—A linear fence structure composed of posts and rails.
STRUCTURAL COMPONENTS — Pilings, deadmen, rails, whalers and other significant
components used to hold together and anchor docks, piers, wharves,jetties, groins and other
shoreline structures.
STRUCTURE—Any object constructed, installed or placed in, on or under land or water,
including but not limited to a building; permanent shed; deck; in-ground and aboveground
pool; garage; mobile home; road; public service distribution, transmission or,collection
system; tank; dock; pier; wharf; groin; jetty; seawall; bulkhead; breakwater; revetment;
artificial beach nourishment; boat rack; trellis; arbor; gazebo; walkway; statue; sculpture;
stairs; or any addition to or alteration of the same.
SUBTIDAL—Existing at or below mean low water.
SWIM PLATFORM—Any structure,raft or floating platform that is not intended to be used
to secure a boat or vessel, which is designed to float upon the surface of a water body and is
secured in place by poles,pilings,anchors or any other type of mooring system,that provides
access to the water. A swim platformincludes the platform itself and any pilings or mooring
system designed to keep the platform at a fixed point.
TIDAL WATERS — All waters bordering on or within the boundaries of the Town of
Southold subject to fluctuation in depth from peak lunar, storm.or normal tidal action, and
including,but not limited to, all brackish and salt waters of streams,ponds, creeks, estuaries,
sounds, bays and inlets.
TOWN—The Town of Southold.
TOWN WATERS — All the waters within the boundaries of the Town of Southold lying
over patent lands. .
TROPICAL HARDWOOD—Any of a number of species of hardwood harvested from areas
situated in the tropics (the region on either side of the equator).
TRUSTEES—The Board of Trustees of the Town of Southold.
VEGETATED NON-TURF BUFFER: A designated area maintained to be at least 50%
covered with noninvasive native vegetation other than turf grass.This buffer serves to protect
an adiacent natural feature by filtering runoff, stabilizing soil and providing habitat. The
area is planted or naturally colonized with a mix of native trees, shrubs, perennials and
groundcovers chosen for their deep root systems to enhance soil stability and water
infiltration. Turf grass, including fescue species, pesticides and fertilizers are not permitted
within the buffer zone.Vegetated non-turf buffers are subject to a planting plan approved by
the Board based upon site-specific needs.
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§275-2 § 275-3
VEGETATED WETLANDS — Any and all wetland types supporting .or capable of .
supporting emergent, submerged or floating-leaved vegetation as described in § 275-2,
"wetlands (freshwater)" and "wetlands (tidal)."
WALER— Structural member of a bulkhead used to hold the sheathing behind the pilings.
Normally there are top and bottom walers.
WATER-DEPENDENT USES —An activity which can only be conducted on, in, over or
adjacent to a water body because such activity requires direct access to that water body, and
which involves, as an integral part of such activity,the use of the water. The uses include,but
are not limited to commercial and recreational fishing and boating facilities, finfish and
shellfish processing,fish storage and retail and wholesale fish marketing facilities,waterfront
dock facilities, shipyards and boat-building facilities, navigation aides, basins and channels,
industrial uses dependent upon waterborne transportation or requiring large volumes of
cooling or processing water and which cannot reasonably be located or operated at an inland
site, and uses which primarily provide general public access to marine or tidal waters.
WETLAND BOUNDARY OR BOUNDARIES OF WETLAND — Wetland ecosystems
generally possess three essential characteristics: (1)hydrophytic vegetation, (2) hydric soils,
and wetland hydrology.The wetland indicator status of all plants can be found in the National
List of Plants. that Occur in Wetlands (USFWS). The wetland boundary is most easily
determined by defining the outer limit of the vegetation specified in the definition of
"freshwater, brackish or.tidal wetlands." The wetland boundary is to be defined and flagged
at the point where existing wetland indicator species no longer have a competitive advantage
over upland species. Wetland and upland plants will mix together at this transition zone. For
freshwater wetlands that frequently lack standing water (shrub swamps, deciduous swamps,
coniferous swamps and wet meadows), vegetation alone may not be adequately diagnostic
for identification of a wetland boundary. In these wetland types, field verification of wetland
hydrology and/or hydric soils might be required to define the boundary. The methodology
used to determine this boundary shall be the same methodology utilized in the New York
State Department of Environmental Conservation (NYSDEC) Technical Methods Statement
relating to the Freshwater Wetlands Act.
WETLANDS (FRESHWATER)—
(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 the State of New
York; or
(2) All lands and waters in the Town which contain any or all of the following:
(a) Lands and submerged lands commonly called "marshes," "swamps,"
"sloughs," "bogs" and "flats" supporting aquatic or semiaquatic vegetation of
the following types:
[1] Wetland trees which depend upon seasonal or permanent flooding or
sufficiently waterlogged soils to give them a competitive advantage over
other trees, including, among others, red maple (Acer rubrum), willows
(Salix spp.), black spruce (Picea mariana); swamp white oak (Quercus
bicolor), red ash (Fraxinum pennsylvanica), black ash (Fraxinus nigra),
silver maple (Acer saccharinum), American elm (Ulmus americana) and
larch(Larix laricina);
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-2 § 275-3
[2] Wetland shrubs which depend upon seasonal or permanent flooding or
sufficiently waterlogged soils to give them a competitive advantage over
other shrubs, including, among others, alder (Alnus spp.), buttonbush
(Cephalanthus occidentalis), common winterberry (flex verticillata)
leatherleaf (Chamaedaphne calyculata), and swamp azalea
(Rhododendron viscosum);
[3] Emergent vegetation, including, among others, cattails (Typha spp.),
pickerelweed(Pontederia cordata), bulrushes (Scirpus spp.), arrow arum
(Peltandra virginica), arrowheads (Sagittaria spp.), common reed
(Phragmites australis), wild rice (Zizania aquatica), bur-reeds
(Sparganium spp.), purple loosestrife (Lythrum salicaria), swamp
loosestrife (Decodon verticillatus) and water plantain (Alisma plantago-
aquatica);
[4] Rooted, floating-leaved vegetation, including, among others, water-lily
(Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock
(Nuphar spp.);
[5] Free-floating vegetation, including, among others, duckweed (Lemma
spp.),big duckweed(Spirodela polyrhiza)and watermeal(Wolffia spp.);
[6] Wet-meadow vegetation which depends upon seasonal or permanent
flooding or sufficiently waterlogged 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-
grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea),
swamp loosestrife (Decodon verticillatus) and spikerush (Eleocharis
spp.);
[7] Bog mat vegetation, including, among others, sphagnum mosses
(Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf
(Chamaedaphne calyculata), pitcher plant (Sarracenis purpurea) and
cranberries (Vaccinium macrocarpon and V. oxycoccos); or
[8] Submergent vegetation, including, among others, pondweeds -
(Potamogeton spp.),naiads (Najas spp.),bladderworts (Utricularia spp.),
wild celery (Vallisneria americana), coontail (Ceratophyllum
demersum), water milfoils (Myriophyllum spp.), muskgrass (Chart:
spp.), stonewort (Nitella spp.), water weeds (Elodea spp.) and water
smartweed(Polygonum amphibium).
(b) Lands and submerged lands containing remnants of any vegetation that is not
aquatic or semiaquatic 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 aquatic or semiaquatic vegetation
as set forth in Subsection(2)(a)or be dead vegetation as set forth in Subsection
(2)(b),the regulation of which is necessary to protect and preserve the aquatic
and semiaquatic vegetation.
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-2 § 275-3
(d) The waters overlying the.areas set forth in Subsection (2)(a) and (b) and the
lands underlying Subsection(2)(c).
WETLANDS (TIDAL)—
(1) All lands generally covered or intermittently covered with,or which border on,tidal
waters, or lands lying beneath tidal waters, which at mean low tide are covered by
tidal waters to a maximum depth of five feet, including but not limited to banks,
bogs, salt marsh, swamps, meadows, flats or other low-lying lands subject to tidal
action;
(2) All banks, bogs, meadows, flats, tidal marsh and beaches subject to such tides and
upon which grows or may grow some or any of the following: smooth cordgrass
(Spartina alterniflora), salt hay grass (Spartina patens), blackgrass (Juncus
gerardii),saltwort(Salicornia spp.),sea lavender(Limonium spp.),marsh elder(Iva
frutescens), groundsel (Baccharis halimifolia), or marshmallow(Hibiscus spp.).
WHARF—See "pier."
WIDTH OF CREEK—The distance across a creek from mean low water to mean low water,
perpendicular to the main channel directly in front of the subject parcel.
C. When not inconsistent with the context, words in the present tense include the future; words
used in the plural number include the singular number;and words used in the singular number
include the plural number. The word "shall" is always mandatory and not directory.
§ 275-3. Findings; purpose; jurisdiction; setbacks.
A. Findings. The Town Board of the Town of Southold finds that rapid growth, the spread of
development and increasing demands upon natural resources are encroaching upon or
eliminating many of its wetlands and patent lands, which, if preserved and maintained in an
undisturbed and natural condition, constitute important physical, social, aesthetic,
recreational and economic assets to existing and future residents of the Town of Southold. In
addition,there has been a significant increase in the applications for and the numbers of fixed
and floating piers and docks accessory to upland residential and other uses. Most of these
structures and the uses they support are on and in publicly owned land and waters and always
have some effect on physical, biological, ecosystem functions and values, development
patterns and the aesthetic character of the area. Therefore it is essential to regulate the type
and placement of such structures.
B. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of Southold
the protection, preservation, proper maintenance and use of its wetlands, giving due
consideration to the reasonable economic and social development of the Town. In addition,
the Town Board declares that it is the intention of this chapter to regulate the type and
placement of fixed and floating piers and docks for the protection, preservation, proper
maintenance and use of its waters and wetlands. Therefore,the Town Board declares that the
regulation of the wetlands of the Town of Southold is essential to the health, safety and
welfare of the people of the Town of Southold. The wetlands shall be regulated in order to
maintain and contribute to the following resource area values and the attributes and functions
they possess: protection of public and private water supply; groundwater; flood control;
erosion and sedimentation control; storm damage prevention; water pollution control;
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,14Y
§ 275-3 § 275-3
fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture;
aesthetics; public access; and recreation. In addition,the following resource area values shall
be maintained and protected: prevention of flood damage by limiting development in flood
hazard areas; prevention of damage to structures and natural resources as a result of erosion;
improvement of water quality; protection and enhancement of existing vegetation cover in
order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and
plant habitat and the maintenance of existing populations and species diversity;prevention of
loss or degradation of critical wildlife and plant habitat;prevention of new stormwater runoff
discharge and the improvement of existing stormwater runoff discharges; protection of
coastal ecosystems which support the continued viability of harvestable shellfish and finfish
habitat; public access to water and land; improvement of groundwater recharge; and the
minimization of the impact of new development,restoration and/or expansion on the resource
area values listed above. The provisions of this chapter are not intended to supersede the
requirements of Chapter 236 of the Town Code.
C. Jurisdiction. The following areas are subject to protection under Chapter 275 of the Code of
Southold.
(1) Any freshwater wetland, tidal wetland, beach, bank, bluff,,dune, flat, marsh, swamp,
wet meadow, bog, or vernal pool;
(2) Any creek, estuary, stream, pond, canal;or lake;
(3) Land under water;
(4) Land subject to tidal action;
(5) Land within 100 feet of the areas listed above;
(6) All Town waters.
D. Setbacks.
(1) The following minimum setbacks apply to any and all operations proposed on
residential property within the jurisdiction of the Board of Trustees:
(a) Wetland boundary or bank.
[1] Residence: 100 feet.
[2] Driveway: 50 feet.
[3] Sanitary leaching pool (cesspool): 100 feet.
[4] Septic tank: 75 feet.
[5] Swimming pool and related structures: Above-ground-50 feet. In-ground-60
feet. Pools requiring retaining walls greater than 2' above grade—100 feet.
[6] Landscaping or gardening: 5b feet.
Downloaded from https://ecode360:com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-6 § 275-
[7] Placement of C &D material: 100 feet.
(b) Top of bluff.
[1] Residence: 100 feet.
[2] Driveway: 100 feet.
[3] Sanitary leaching pool (cesspool): 100 feet.
[4] Swimming pool and related structures: 100 feet.
(2) The Board of Trustees reserves the right to waive or alter these setbacks where site-
specific and/or environmental conditions justify such action.
§275-8. Processing of application.
A. Presubmission conference. Applicants are encouraged to schedule a voluntary presubmission
site visit to discuss the proposed operations with the Board.Discussions in the field are purely
advisory and nonbinding, but this meeting is intended to facilitate communication between
the applicant and the Board. There will be a fee of$50 for this conference, which may be
applied to an application fee for a wetlands permit made within six months of the site visit and
which application involves structures that were the subject of the site visit.
B. Investigation and coordination. Upon receipt of the application, the office of the Trustees
shall maintain the original in the file and forward one copy thereof to each of the following
as necessary: the Conservation Advisory Council, the LVWRP Coordinator, the Stormwater
Management Officer, the Planning Department, and the Zoning Board. The r'onseFVation
Advisory Couneil shall r-eview said appliention and the efleet, if any, on the wetlands
and tidal waters of the Town that may result from the proposed operations and shall,
within 20 days of reeeipt of the same, for%,ard itQ 31;4itten report of findings and
reeommendations with r-espeet to sueh appliention to the Trustees. if the Conservation
AdvisoFy Couneil shall r-eeommend that sueh app4e�tion be disapproved, the reasons
for sueh disapproval shall be set forth in sueh report. if no response is reeeived within
20 days, the review by the Conservation Advisor-y Couneil shall be deemed wai3v
C. All paperwork relative to an application shall be submitted at-least seven days before the
scheduled hearing. The submittal of additional paperwork after this time may result in delays
in processing of the application.
D. Hearing. The Trustees shall hold a public hearing on such application. Notice shall be
provided pursuant to Chapter 55,Notice of Public Hearings, of the Town Code.
E. Action. After the public hearing on such applications, the Trustees shall either adopt a
resolution directing the issuance of a permit or adopt a resolution denying the application. A
resolution directing the issuance of a permit may be adopted only if the Trustees find that the
proposed operations will conform to the standards set forth in§ 275-11 hereof. If the Trustees
adopt a resolution denying an application for a permit,the reasons for such denial shall be set
forth in the resolution.
F. Modifications and amendments. Any and all modifications and amendments of existing
permits shall be reviewed by the Trustees in accordance with the standards set forth in this
chapter, and may be subject to public hearing.
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-11 §275-11
G. Tabled applications. If an applicant tables an application for any reason, it will be considered
withdrawn if it does not go to public hearing within four months of the time it was tabled.
After such time the applicant will have to reapply for a permit.
H. Administrative permits.An administrative permit includes operations that are deemed to have
no adverse environmental impact, and a public hearing and notice are not required prior to
issuance of a permit.
§275-11. Construction and operation standards.
A. General. The following standards are required for all operations within the jurisdiction of the
Trustees:
(1) Drainage upgrade. Applicants for a permit for any form of construction may be required
to upgrade the site's drainage system such that all surface water generated from
impervious surfaces shall be kept on site through infiltration or retention. Applicants
proposing grading or filling operations will be required to submit a drainage plan for the
entire site at the discretion of the Trustees and must, in any event, comply with the
requirements of Chapter 236. See also § 275-6A(14) for requirements.
(2) Erosion control. Installation of an erosion control structure is necessary during any
building, grading, landscaping or site work activity within Trustee jurisdiction. This
structure may include, but is not limited to, installation of a silt fence, hay bales, wood
chip berm and silt booms. The placement of the erosion control structure(s) shall be
determined by the Trustees or their designee. All intertidal construction and excavation
requires the installation of a silt boom that will retain all suspended sediments within the
immediate project area.
(3) New and remodeled homes. New and remodeled homes cannot be situated or modified
such that they project closer to the wetland boundary than the mean seaward projection
of homes in the general vicinity and on either side of the subject lot.
(4) Fences.
(a) Trustees reserve the right to permit erection of a split-rail fence where the applicant
has shown that there is a need to protect his/her private property.
(b) Temporary or seasonal snow fences, at the Trustees' discretion, may be permitted
upon a showing of need for erosion control.
(c) Fences on a beach shall be perpendicular to the waterline and not closer than 20
feet to the apparent high-water mark.
(d) Only one posted sign per 100 linear feet of fence is allowed on a split-rail fence.
Posted signs shall be no larger than 12 inches by 12 inches square. Any fence,
barricade or impediment to pedestrian traffic on the beach or wetland area in
violation of the provisions of this chapter shall be removed upon written notice to
the owner -of the premises upon which such fence, barricade or impediment is
located, sent by certified or registered mail. Such fence, barricade or impediment
shall be removed by the owner within 30 days of the date of the notice.Upon failure
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-11 § 275-11
to comply with such notice, the Building Inspector, the Office of Code
Enforcement, or a Harbormaster may remove or cause the
removal of the illegal stricture.
(e) If any fence, barricade oi impediment is determined by the Building Inspector, the
Office of Code Enforceme t, or a Bay Constable Harbormaster to create a hazard to the
health, safety or welfare of the public, such structure may be removed and disposed of
by the Town without pri r notice to the owner. Upon removal by the Town, all costs
and expenses incurred b the Town for the removal of such fence, barricade or
impediment shall be the esponsibility of the owner:The Town may pursue any and all
remedies available at la to recover any unpaid costs associated with removal,
including filing a statement with the Town Assessors, identifying the property in
connection with which such expenses were incurred and the owner thereof as shown
on the latest assessment roll of the Town. The Assessors, in preparation of the next
assessment roll, shall assess such amount upon such property. Such amount shall be
included in the levy against such property, shall constitute a lien and shall be
collected and enforced in the same manner, by the same proceedings, at the same time
and under the same penalty as is provided by law for the collection and enforcement of
real property taxes in the Town of Southold.
(f) Fences shall not be permitted within 20 feet of any wetland boundary.
(5) Swimming pools. Applications for new pools must include a description of how all pool
drainage will be retained onsite using dedicated drywells or similar structures. All future
pool drainage shall be discharged to this dedicated system.
(6) Platforms.
(a) Platforms associated with stairs may not be larger than 100 square feet.
(b) Platforms may not exceed 200 square feet and must be landward of the top of bluff.
(7) Critical environmental areas. At the discretion of the Board of Trustees, any operations
proposed in critical environmental areas (§ •275-2) may be subject to more stringent
requirements than detailed in this section. Such requirements may include, but are not
limited to, denial of certain operations, shortening or reducing the size of structures, and
increasing the width of nondisturbance buffers.
(8) No structures on beaches, bluffs or dunes unless approved by the Board at its discretion
based on its site inspection.
(9) Pumping of Town-owned freshwater wetlands for irrigation purposes shall be
prohibited.
(10) Access paths. A permit for only one path shall be granted per lot for the purposes of
shoreline access unless otherwise determined-by the Board of Trustees.
B. Shoreline structures. The following standards are required for all operations relating to
shoreline structures on residential properties. Operations conducted on properties zoned M1
or M2 may be given greater flexibility in these requirements given the water-dependent nature
of their use.
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-11 § 275-11
(1) Bulkheads, retaining walls, revetments and gabions.
(a) Only in-place replacement of existing functional bulkheads (as defined in § 275-2)
is permitted. In-kind replacement relates to the position and dimensions and does
not necessarily require or allow for the use of the same materials. At its discretion,
the Board may allow for a one-time projection of the replacement structure seaward
of the original, only if such placement will not project the proposed structure
seaward of adjacent, neighboring structures and if the proposed installation is in
close proximity to the original structure. Any subsequent repair or replacement
following the first replacement requires the structure to be built on or landward of
the original structure,
(b) Bulkheads on a sound shall only be permitted when the likelihood of extreme
erosion is demonstrated and it shall not increase erosion on.neighboring properties.
(c) Bulkheads on a sound may be armored with stone.
(d) All bulkhead construction and renovation work requires the establishment of a
permanent nonturf buffer as defined in § 275-2.
(e) Retaining walls are not permitted unless excessive erosion can be demonstrated.
(f) In order to prevent the release of metals and other contaminants into the wetlands
and waters of Southold, the use of lumber pretreated with any preservative,
including, but not limited to, chromated copper arsenate (also known as "CCA"),
penta products, alkaline copper quaternary (ACQ), or homemade wood
preservatives is prohibited for use in sheathing and decking on structures in the
wetlands, as well as on any part of a structure in low-tidal-flow wetland areas as
determined by the Trustees. Any use of creosote is prohibited. Preservatives of any'
type, including, but not limited to, those listed above, cannot be applied to any
bulkheads, retaining walls or revetments after installation. Encapsulated pilings or
native nonchemically treated (untreated) lumber only should be used in sensitive
areas.
(g) The use of tropical hardwoods is not permitted unless it is certified by the Forest
Stewardship Council or a similar organization.
(h) New bulkheads in creeks and bays are prohibited, unless the operation involves
construction of a low-sill bulkhead.
(i) No discharge pipes are allowed out of or over bulkheads unless permitted by the
Trustees.
(j) Individual residential stairs are prohibited on bluffs in the coastal erosion hazard
area if the property is part of an association that maintains a common stairway
within a reasonable distance.
(k) Lighting. Any and all lights associated with bulkheads, retaining walls, stairs or
poles in Trustee jurisdiction must be directed on the subject structure and not out
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-11 § 275-11
into the adjacent wetland, waterway or property. Lights shall not be on unless the
waterfront is in active use.
(1) Backfilling. Only clean sand can be used for backfilling in eroded and excavated
areas, as well as. behind new and repaired bulkheads. Garbage, asphalt, and
construction and demolition materials are strictly forbidden for use as backfill
behind bulkheads.
C. In water. The following standards are required for all in-water operations adjacent to
residential properties. Operations conducted on properties zoned MI or M2 may be given
greater flexibility in these requirements given the water-dependent nature of their use.
(1) Jetties and groins; general rules.
(a) Only low-profile jetties as defined in § 275-11 will be permitted.
(b) Only in-place replacement of existing low-profile functional jetties and groins (as
defined in § 275-2) is permitted.
(c) Pre-backfilling of jetties and groins may be required.
(d) In order to prevent the release of metals and other contaminants into the wetlands
and waters of Southold, the use of lumber treated with chromated copper arsenate
(also known as "CCA"),creosote,penta products or homemade wood preservatives
is prohibited for use in sheathing and decking. Preservatives of any type, including
but not limited to those listed above, cannot be applied to any jetty or groin after
installation.
(e) The use of tropical hardwoods is not permitted unless it is certified by the Forest
Stewardship Council or similar organization.
(f) No new jetties or groins will be permitted unless the work results in a net decrease
in the total number of jetties in the subject area.
(g) All applicants for jetties and groins extending across the foreshore shall be required
to give and maintain a public passing way, on the landward end of the jetty or groin,
as necessary, not less than four feet in width, to enable persons to pass and repass
over said structure by steps or a ramp allowing pedestrian passage:
(2) Docks.
(a) Standards for residential and commercial docks; general rules. It shall be the policy
of the Town of Southold that all docks shall be designed, constructed and located
so as to reduce a dock's potential adverse impacts to navigation, public safety,
waterway congestion, access to public trust lands and water, and natural resources
and habitats. The following standards will serve as a basis for granting,denying, or
limiting permits for the construction of docks.
[1] No dock shall be constructed, altered or removed without a permit issued by
the Southold Town Trustees. In determining whether to approve such
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-11 § 275-11
application, the Trustees shall consider the factors contained in
§ 275-11 C(2)(d) below and all other provisions of this chapter.
[2] All docks shall be constructed of sturdy, durable and stable materials capable
of maintaining position and location, supporting pedestrian traffic, and
resisting lateral loads resulting from wind, wave, and impact forces. Docks
shall be constructed, where possible, to permit the free circulation of water,
reduce the effects of fluctuating water levels,and prevent adverse modification
of the shoreline. Applicants shall certify as to the structural integrity of the
dock so as not to cause a threat to the person or property of others.
[3] In order to prevent the release of metals and other contaminants into the
wetlands and waters of Southold, the use of lumber pre-treated with any
preservative, including but not limited to chromated copper arsenate (also
known as "CCA"), commercial copper quat (CCQ), penta products, Alkaline
Copper Quat (ACQ), or homemade wood preservatives is prohibited for use
in sheathing and decking on structures in the wetlands as well as on any part
of a structure in low tidal flow wetland areas as determined by the Trustees.
The use of creosote is prohibited. The use of tropical hardwoods is prohibited
unless it is certified by the Forest Stewardship Council or similar organization.
Materials used for structural components shall be at the discretion of the
Trustees.
[4] All docks and gangways onto such docks shall provide a safe pedestrian
surface at all times.
[5] All docks, including any vessel tied to the dock, shall have a minimum
clearance of 15 feet of the seaward extension of any property line from
adjacent parcels so as not to interfere with the neighbor's access to waters,
unless the Trustees decide otherwise for navigational or other reasons.
Waterside boundaries can be identified using the appropriate method for the
shape of the shoreline for Long Island waters specified in 9 NYCRR 274.5.
[6] All docks and floats shall have the street address of the subject premises
permanently affixed to the most seaward face for identification. Said address
shall be at least three inches high and constructed of metal, wood, plastic or
other material such that it can withstand exposure to the elements and is visible
from the water.
[7] Except for structures used for water-dependent uses, there shall be no
permanent structure located on or above the docks, ramps and floats.
[8] Any application for a dock to be constructed at the end of a right-of-way or
commonly held land requires the written consent of all parties having an
interest in the right-of-way, regardless of how property interests in the upland
parcel may be divided among the owner(s), lessee(s), occupant(s), easement
holder(s), or any other person(s) or entity(ies) with a legal or beneficial
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-11 § 275-11
interest in any existing or proposed docking facility.
[9] All applicants for docks, including catwalks and ramps, extending across the
foreshore shall be required to give and maintain a public passing way on the
landward end of the dock, to enable persons to pass and repass around said
dock, or steps or a ramp allowing pedestrian passage.
[10] Preexisting nonpermitted and/or nonconforming structures cannot be replaced
in kind without full review and approval by the Trustees.
[11] Personal watercraft or jet ski floats cannot be added to any float, stairway, or
dock without a Trustee permit.Floats may not cumulatively exceed 120 square
feet.
[12] Lighting. Any and all lights associated with docks, floats or poles must,be
directed on the subject structure and not out into the adjacent wetland,
waterway or property. Lights shall not be on unless the dock is in active use.
[13] Utilities and water. If power or water is to be installed on a dock,plans for the
installation must be provided to the Trustees at the time of application.
Installation of such amenities on an existing permitted dock requires obtaining
a permit amendment from the Trustees.
(b) Dock locations and lengths.
[1] No dock shall be erected or extended if, in the opinion of the Trustees, such
structure would adversely affect navigation, fisheries, shell fisheries, scenic
quality, habitats or wetland areas.
[2] Within creeks and other narrow waterways, no dock length shall exceed 1/4
the total width of the water body.Determination of the length of the dock must
include the dimensions of the vessel.
[3] Prohibited locations and activities.
[a] No new docks utilized for residential purposes shall be permitted on the
Great/Little Peconic Bay, Pipes Cove, Southold Bay, Gardiners Bay,
Shelter Island Sound, Hog Neck Bay, Orient Harbor, Hallocks Bay or
Long Beach Bay with the exception of Fisher's Island and Robin's Island.
.No new docks will be -permitted on the Long Island Sound or ever-
vegetated
ncry--or- -icc ccc fiagmefftatienr-vr
vegetated wefleaids in the following areas: Downs Creek, Halloeks Bay,
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-11 § 275-11
Hashamomuck Creek and Pond,Long Creek(branch of Mattituck Creek,
East of Grand Avenue bridge), Pipe's Cove Creek and-West Creek ,,
Laurel Lake, Marion Lake, Maratooka Pond, Housing Pond, Lilly
Pond, Great Pond,Inlet Pond,Hashamomack Pond and Dam Pond.
[b] Machine excavation is prohibited in tidal or freshwater wetland areas.
[c] Placement of fence, mesh or other material-preventing passage under
docks is prohibited,
[d] No floating docks, floats, dock components, or boats shall be stored on
tidal wetlands, other intertidal areas or freshwater wetlands between
April 1 and December 1 of each calendar year. No duck blinds may be
stored on tidal wetlands, other intertidal areas or freshwater wetlands at
any time. [
(c) Regulations for the placement and configuration of docking facilities.
[1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005]
[a] Only one catwalk may be permitted per residential lot. Only one mooring
or dock may be permitted per residential lot. Upon a showing of special
need due to low water level and hazard to property, the Trustees may
permit both a mooring and a dock for the same residential property.
[b] If any part of a residential dock structure includes a float or floating dock,
the float or floating dock portion shall be designed so that, with the
exception of the pilings:
[i] It is no larger than six feet wide and 20 feet long except on Fishers
Island if the need is demonstrated; or of equal square footage as
determined by the Trustees;
[ii] New floats will be permitted only where there exists a minimum of
30 inches of water depth at mean low water. No part of the floating
dock will contact the bottomland during a normal low tide.
[c] In determining the permitted length of a proposed residential dock, the
Trustees shall seek to maintain lengths consistent with the other docks
(i.e., pier line) in the waterway which meet the requirements of this
chapter.
[d] Pilings shall not project more than three feet above the surface of a dock
or catwalk unless a need for greater height is demonstrated.
[e] All excess fill from installation of pilings must be removed from tidal or
freshwater wetland area on the same day as installation-and disposed of
in an approved upland disposal area.
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-11 § 275-11
[fJ Tie-off poles associated with residential docks will only be permitted to
secure one vessel. If the dock utilizes a float, the poles shall not project
farther seaward than the outer edge of the float. If a float is not used, the
pole(s) can be situated seaward of the end of the dock sufficient to secure
the vessel.
[g] Only one handrail is permitted on a residential dock unless the need for
two is demonstrated. Rails shall not be higher than three feet above the
surface of the dock and posts shall not be placed closer than six feet on
center or larger than four inches by four inches.in dimension.
[h] Residential catwalks and ramps are limited to four feet in width.
[i] Residential boatlifts, floating or fixed, are prohibited, except in privately
owned basins on private property at the discretion of the Board of
Trustees.
[2] Commercial docks(marinas,yacht clubs and restaurants).
[a] Given the water-dependant nature and economic benefit of properties
zoned as Ml and M2, dock design constraints and placement restrictions
will be given greater flexibility than would otherwise be allowed for
residential uses.
[b] Construction of new marinas and additions to existing marinas shall
require establishment of a pump-out facility for vessel sanitary waste.
(d) Review and approval of dock applications. Before issuing a permit for a dock
structure, the Trustees shall consider whether the dock will have any of the
following harmful effects:
[1] Whether the dock will impair navigation or be located in areas of high vessel
traffic or vessel congestion;
[2] Whether the dock will unduly interfere with the public use of waterways for
swimming, boating, fishing, shellfishing, waterskiing and other water-
dependant activities;
[3] Whether the dock will unduly interfere with transit by the public along the
public beaches or foreshore;
[4] Whether the dock will significantly impair the use or value of waterfront
property adjacent to or near the dock;
[5] Whether the dock will cause degradation of surface water quality and natural
resources;
[6] Whether the dock will cause habitat fragmentation and loss of significant
coastal fish and wildlife habitats;
[7] Whether the dock will result in the destruction of or prevent the growth of
Downloaded from https://ecode360.com/SO0452 on 2025-09-15
Town of Southold,NY
§ 275-11 § 275-11
vegetated wetlands, seagrasses including eelgrass (Zostera marina) and
widgeon grass (Ruppia maritima) or shellfish;
[8] Whether the dock will unduly restrict tidal flow or water circulation;
[9] Whether the dock will be safe when constructed;
[10] Whether the dock will adversely affect views,viewsheds and vistas important
to the community;
[11] Whether the cumulative impacts of a residential and commercial dock will
change the waterway or the environment and whether alternate design,
construction, and location of the dock will minimize cumulative impacts; and
[12] Whether adequate facilities are available to boat owners and/or operators for
fueling, discharge of waste and rubbish, electrical service and water service.
(3) Dredging.
(a) Creeks.
[1] Only maintenance dredging (as defined in § 275-2) is permitted, unless the
applicant owns underwater land or the applicant is requesting permission to
dredge in connection with installation of low-sill bulkheads. All maintenance
dredging permits shall be valid for a period no greater than 10 years.
[2] Dredging may be permitted when it can be demonstrated that the actions of
man have resulted in impairment to water quality or habitat value.
[3] Dredging in, or in close proximity to salt marsh vegetation(Distichlis spicata,
Spartina alterniflora or Spartina patens)or seagrass(Ruppia maritia or Zostera
marina) meadows is prohibited.
(b) Freshwater wetlands. Dredging of freshwater ponds may be permitted when it can
be demonstrated that such action will restore the water body to an historic condition,
improve water quality or habitat value.
(c) All dredging applications must demonstrate a specific location for the deposit of
dredging material.
Downloaded from https://ecede360.com/SO0452 on 2025-09-15