Town of Brookhaven, NY
Suffolk County
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[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Dumps and disposal areas — See Ch. 24.
Sanitation — See Ch. 45.
Tree preservation — See Ch. 70.

§ 72-1 Findings; purpose.

It has been established that the indiscriminate burial of trees, tree branches and other debris upon property contributes to improper grading, structural instability, flooding and subsoil insect infestation. It is the purpose of this chapter to prevent the indiscriminate burial of trees, tree branches, bushes and other debris upon property located within the Town of Brookhaven.

§ 72-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DEBRIS
The remains of any substance that is present upon a lot and which was not naturally existing or situate upon such lot prior to its development, including but not limited to scrap wood, lumber, shingles, building materials, cans, paper wrappings, insulation and cement.
PERSON
Any individual, firm, partnership, association, corporation, company, public agency, public utility or organization of any kind, or agent thereof.
TREE
Any woody plant or part thereof, including the root system and branch system, which plant measures at least five feet from the point where such plant enters or would enter the ground to the farthest point of any branch, leaf or extremity.

§ 72-3 Burial of trees prohibited; applicability.

A. 
The burial of trees or debris in, upon or under property located within the Town of Brookhaven is expressly prohibited.
B. 
This chapter does not apply to the burial or other disposition of trees and debris in, upon or under any official Town dump or disposal area, provided that such disposition is in accordance with Chapters 24 and 45 of the Code of the Town of Brookhaven.

§ 72-4 Penalties for offenses.

Any person who buries trees or other debris in, upon or under property located within the Town of Brookhaven shall be guilty of a violation unless the disposition of such trees and debris has occurred in, upon or under an official Town dump or disposal area in accordance with Chapters 24 and 45 of the Code of the Town of Brookhaven, and, upon conviction thereof, such person shall be punished by a fine not to exceed $500 or imprisonment not to exceed 15 days, or both.

§ 72-5 (Reserved)