Suffolk County, NY Article I Environmental Bill of Rights

[Added 8-11-1970 by L.L. No. 23-1970[1]]

[1] Editor's Note: This local law was approved at referendum 11-3-1970.

§ C1-1 Statement of policy.

[Amended 9-8-1976 by L.L. No. 18-1976]

The policy of Suffolk County shall be to conserve and protect its natural resources, including its wetlands and shorelines, and the quality of its environmental and natural scenic beauty and to encourage the conservation of its agricultural lands. In implementing this policy, the County Legislature shall make adequate provision for the abatement of air, water and soil pollution and of excessive and unnecessary noise, the protection of wetlands and shorelines, the conservation and regulation of water resources and the acquisition of development rights in agricultural lands. The County Legislature shall also make suitable provision for the acquisition of land and waters for the County nature preserve or historic trust. To the fullest extent feasible, the projects and activities of the agencies of County government shall be carried out and administered in accordance with the policies set forth in this article.

§ C1-2 Establishment of Council on Environmental Quality; compensation of members.

The Suffolk County Council on Environmental Quality is hereby established. Members of the Council on Environmental Quality shall not be compensated for their services, but shall be reimbursed for their necessary and proper expenses incurred in the performance of their functions.

§ C1-3 Membership of Council.

[Amended 9-12-1972 by L.L. No. 14-1972; 12-18-1990 by L.L. No. 6-1991[1]]

A. The Council on Environmental Quality shall consist of 11 voting members, one of whom shall be the Chairman of the Environment, Planning and Agriculture Committee of the County Legislature, or any successor committee thereto, or his designee, and 10 of whom shall be appointed by the County Legislature for terms of five years.

[Amended 2-7-2006 by L.L. No. 11-2006; 4-4-2006 by L.L. No. 23-2006; 4-13-2010 by L.L. No. 10-2010]

B. Of the four members first appointed to the Council on Environmental Quality, one shall be appointed for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years; and of the four appointive members, upon the increase of voting membership to nine, one shall be appointed for a term expiring March 23, 1974, one for a term expiring March 23, 1975, one for a term expiring March 23, 1976, and one for a term expiring March 23, 1977. The term of the Chairman of the Environment, Planning and Agriculture Committee or any successor committee thereto, as a member of the Council shall be coextensive with the person's term as Chairman of said Committee.

[Amended 4-4-2006 by L.L. No. 23-2006]

C. No person shall be appointed or reappointed to a position under Subsection A of this section unless and until such person shall first appear at least once before the pertinent legislative committee of the County Legislature having primary jurisdiction over such resolution naming such person for approval to such appointment or reappointment and before such other legislative committees of the County Legislature as shall request an appearance by such person.

D. No person shall be reappointed to a position under Subsection A of this section unless such person shall have attended at least 75% of the regular and/or special meetings held by said Council. Absences from such meetings caused by death in the immediate family of the members (i.e., spouse, children, parents, brothers, sisters, in-laws and/or grandparents), caused by a verifiable illness or caused by a verifiable accident shall not be counted for the purpose of this calculation of attendance.

E. No person shall be appointed or reappointed to a position under Subsection A of this section unless such person shall demonstrate relevant previous personal commitment to health, planning or environmental matters or prior experience or expertise in municipal planning, environmental review, SEQRA compliance or private sector planning work necessary to adhere to SEQRA requirements and/or environmental laws.

F. In addition to the criteria outlined in Subsection E above, at least one member of the Council shall demonstrate a commitment to environmental preservation and protection through his or her experience and affiliation with a recognized not-for-profit environmental advocacy group for a period of at least five years.

[Added 2-7-2006 by L.L. No. 11-2006]

G. In addition to the criteria outlined in Subsection E above, at least one member of the Council shall demonstrate a consistent, ongoing commitment to the preservation of historic buildings for a period of at least five consecutive years.

[Added 2-7-2006 by L.L. No. 11-2006]

[1] Editor's Note: This local law was adopted by the Legislature after disapproval by the County Executive on 12-13-1990.

§ C1-4 Functions of Council.

A. In addition to any other functions assigned to the Council on Environmental Quality by charter law or local law, the Council shall:

[Amended 6-25-1985 by L.L. No. 21-1985]

(1) Advise and assist any department, board, commission or agency of the government of the County of Suffolk, including the County Legislature and office of the County Executive, on implementation of and compliance with the State Environmental Quality Review Act,[1] including the following;

(a) Advice on preparation and review of environmental assessment forms (EAF).

(b) Recommendations on the significance and nonsignificance of actions.

(c) Preparation of environmental impact statements (EIS) and recommendations on the scope, adequacy and contents of environmental impact statements.

(d) Preparation and circulation of State Environmental Quality Review Act (SEQRA) notices and documents.

(e) Conduct of public hearings.

(f) Recommendations to decisionmakers.

(g) Assisting the County Legislature and the County Executive with the establishment of local thresholds and designation of critical environmental areas for purposes of identifying Type I actions, as well as with the identification of Type II actions.

[1] Editor's Note: See Environmental Conservation Law § 8-0101 et seq. and implementing regulations at 6 NYCRR 617.

(2) Make recommendations to the County Legislature and County Executive as to what County-owned properties should be dedicated to the County nature preserve or historic trust and what properties not owned by the County should be acquired for purposes of dedication.

(3) Assist and advise the County Executive in the preparation of the annual environmental quality report required under § C1-6 of this article.

(4) Examine and report to the County Legislature and County Executive on developments in the County likely to have an impact on the quality of the environment.

(5) On request of the County Legislature or County Executive, review and appraise any project or activity affecting the quality of the environment of Suffolk County.

(6) Assist and advise the County Legislature and County Executive on matters pertaining to pedestrian and bicycle routes along County roadways and infrastructure related to facilitating bicycle and pedestrian use in Suffolk County. When appropriate, the CEQ shall consult with the Traffic Safety Board prior to making formal recommendations to the County.

[Added 4-27-2010 by L.L. No. 18-2010]

B. In the performance of its functions, the Council may require any agency of County government to provide it with relevant data in the agency's possession or with reports concerning the agency's operations as they involve the policies of this article, or both.

C. The Council on Environmental Quality (CEQ) shall by resolution adopt at its organizational meeting rules to govern Council proceedings. A copy of the rules and any amendments thereto shall be filed in the office of the County Executive, the office of the Clerk of the County Legislature and with the County Clerk and town and village clerks, and the Council shall make copies of such rules and any amendments thereto available to the public.

[Added 5-21-2002 by L.L. No. 11-2002[2]]

[2] Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. III). Former Subsection D, requiring verbatim minutes from the Council on Environmental Quality, added 5-21-2002 by L.L. No. 11-2002, which immediately followed this subsection, was repealed 3-8-2011 by L.L. No. 16-2011.

§ C1-5 Responsibilities of County Executive.

The County Executive shall have responsibility in accordance with the provisions of Article III of this Charter for coordinating the efforts of all County agencies to perform their functions in accordance with the policies declared in this article.

§ C1-6 Submission of annual report on environmental quality.

The County Executive shall submit to the County Legislature, at the same time as he submits his proposed capital program, an annual report on the environmental quality of Suffolk County and shall indicate, when appropriate, the methods by which the proposed capital program implements the recommendations made in the report on environmental quality.

§ C1-7 Dedication of property to County nature preserve; Nature Preserve Handbook.

A. By resolution adopted under Article II of this Charter, the County may dedicate properties it owns to the County nature preserve to be established in implementation of this article.

B. Only properties found to possess natural beauty, estuarine values, including wetlands and shorelines, or ecological significance may be dedicated to the County nature preserve.

C. The resolution dedicating County-owned property to the County nature preserve shall provide that all or a specified portion of the property being dedicated shall be kept forever wild or in its natural state, or that it may be used only for the purpose or purposes specified in the resolution.

D. Unless authorized by charter law approved upon mandatory referendum, property owned by the County and dedicated under this section to the County nature preserve shall not be taken nor otherwise disposed of, nor shall it be used for any purpose not specified in the resolution by which the property was dedicated to the County nature preserve.

E. Adoption of Nature Preserve Handbook.

[Added 7-14-1987 by L.L. No. 28-1987]

(1) The Suffolk County Nature Preserve Handbook, a copy of which is attached hereto as Exhibit A,[1] is hereby approved and adopted as the Official Suffolk County Nature Preserve Handbook for the purpose of explaining nature preserve concepts and purposes, describing the types and classes of nature preserves, establishing the process of procedures for dedicating properties to the County nature preserve, establishing general and specific use and management policies for said preserve and outlining the rules and responsibilities of various County agencies in implementing and administering said preserve.

[1] Editor's Note: The Suffolk County Nature Preserve Handbook is attached on file in the offices of the County Legislature.

(2) Any recommendation to amend said Nature Preserve Handbook shall first be referred to the Board of Trustees of Parks, Recreation and Conservation for approval. If said recommendation receives such approval, then said recommendation may be adopted by charter law.

§ C1-8 Dedication of property to County historic trust.

A. By resolution adopted under Article II of this Charter, the County may dedicate properties it owns to the County historic trust to be established in implementation of this article. Only properties having distinctive historical significance may be dedicated to the historic trust.

B. The resolution dedicating County-owned property to the County historic trust shall specify the purpose or purposes for which the property may be used.

C. Unless authorized by charter law approved upon mandatory referendum, property owned by the County and dedicated under this section to the County historic trust shall not be taken nor otherwise disposed of, nor shall it be used for any purpose not specified in the resolution by which the property was dedicated.

§ C1-9 Dedication of property to the conservation of agricultural lands.

[Added 9-8-1976 by L.L. No. 18-1976]

A. By resolution adopted under Article II of this Charter, the County may dedicate properties it owns to the conservation of agricultural lands. All development rights in agricultural lands acquired by the County shall be deemed so dedicated upon acquisition.

B. Unless authorized by local law, approved upon mandatory referendum, County-owned property dedicated to the conservation of agricultural lands may be alienated only if the development rights therein are retained by the County. Prior to adopting the local law, upon 45 days' notice, the Suffolk County Farmland Committee shall submit, for advisory purposes, its recommendations thereon to the Legislature.

[Amended 9-15-2011 by L.L. No. 47-2011]

§ C1-10 Amendment or repeal of Suffolk County Drinking Water Protection Program. [1]

[Added 9-9-2014 by L.L. No. 33-2014]

Local Law No. 24-2007, a charter law extending and accelerating the Suffolk County 1/4% Drinking Water Protection Program for environmental protection known as the "Suffolk County Drinking Water Protection Program," was adopted by the County and approved by the electors of Suffolk County. Local Law No. 24-2007, as amended, or any successor law thereto, may only be amended, modified, altered or repealed by enactment of a charter law subject to a mandatory referendum.

[1] Editor's Note: Former § C1-10, Adoption of guidelines on projects and activities having significant environmental impact, was repealed 6-25-1985 by L.L. No. 21-1985.

§ C1-11 Consultation with municipal agencies.

In the performance of its functions, the Council on Environmental Quality shall from time to time confer with agencies of local government concerned with environmental matters, including town and village conservation advisory councils and town and village planning boards, and, whenever feasible, shall consult with such agencies in an area in which any contemplated County project or activity likely to have a significant environmental impact may be undertaken.

§ C1-12 Judicial enforcement.

[Amended 9-8-1976 by L.L. No. 18-1976; 9-9-2014 by L.L. No. 33-2014]

A violation of any of the provisions of §§ C1-7, C1-8, C1-9 and C1-10 may be restrained at the suit of any taxpayer or, with the consent of any court having jurisdiction thereof, at the suit of any citizen.

§ C1-13 Dedication of property to County bird sanctuary.

[Added 12-23-1986 by L.L. No. 5-1987]

A. By resolution adopted under Article II of this Charter, the County may dedicate properties it owns to the County bird sanctuary, which sanctuary is hereby created to consist of those lands so dedicated in implementation of this section.

B. Only properties found and determined by the County Director of Resource Management to possess qualities conducive to the attraction and retention of bird populations of ornithological significance may be dedicated to the County bird sanctuary.

C. The County Director of Resource Management shall review and evaluate all County properties and all properties proposed for County acquisition as parkland, open space, nature preserve or historic trust purposes and determine whether such properties should be recommended for dedication to the County bird sanctuary. The Director shall also prepare, no later than 180 days from the effective date of this section, a written bird sanctuary management plan for the regulation, monitoring and management of properties dedicated to the County bird sanctuary. This management plan and any modifications or amendments thereto shall be subject to the approval of the County Legislature.

D. Any resolution dedicating County-owned property to the County bird sanctuary shall provide that all or a specified portion of the property being dedicated shall be used only for the purpose or purposes specified in the resolution.

E. Unless authorized by charter law approved by mandatory referendum, property owned by the County and dedicated under this section to the County bird sanctuary shall not be taken nor otherwise disposed of; nor shall it be used for any purpose not specified in the resolution by which the property was dedicated to the County bird sanctuary; nor shall it be used in any manner which is inconsistent with the provisions of the bird sanctuary management plan.

F. The Suffolk County Bird sanctuary management plan, a copy of which is attached hereto as Exhibit A,[1] is hereby approved and adopted as the official Suffolk County bird sanctuary management plan for the purpose of defining and identifying the purpose of bird sanctuaries, establishing criteria for their designation and outlining general management and use guidelines.

[Added 6-21-1994 by L.L. No. 12-1994]

[1] Editor's Note: Exhibit A is on file in the office of the County Clerk.