[Amended 12-2-2011 by L.L. No. 7-2011; 4-13-2018 by L.L. No. 3-2018]
Any regulated activity in, on or over or within the regulated area, entirely or in part, shall require a wetlands permit unless it is specifically exempted or allowed without a permit, as indicated in the following table. Any regulated activity for which a permit is required which is carried out without a permit or in violation of the conditions of a permit is a violation of this Code and subject to criminal and civil penalties.
Key:
No = Activity not allowed; however,
applications may be processed in
consideration of differences between
Town Law and DEC laws, if all other
remedies have been exhausted and DEC
approval is obtained or letter of
nonjurisdiction is applicable.
NPR = Activity does not require
wetlands permit.
PR = Wetlands permit required.
CPR = Causeway wetland permit required.
Type of Activity
Within
Vegetative
Buffer
Within
Adjacent
Vegetative
Buffer
Causeway zone
New structure on lot with or without bulkhead
New construction (less than or equal to 100 square feet)
NPR
NPR
CPR
Other new construction
No
PR
CPR
Existing structure on lot with bulkhead
Repair
NPR
NPR
NPR
Reconstruction (no expansion)
PR
NPR
CPR
Reconstruction with expansion upward within footprint
PR
NPR
CPR
Reconstruction with expansion beyond footprint if it is farther away from the designated wetlands than the nearest point of the existing structure
No
NPR
CPR
New construction with expansion upward within footprint
PR
NPR
CPR
New construction (less than or equal to 100 square feet)
NPR
NPR
CPR
New construction (outside footprint)
No
PR
CPR
New construction (all other)
No
PR
CPR
Existing structure on lot without bulkhead
Repair
NPR
NPR
NPR
Reconstruction (no expansion)
PR
PR
CPR
Reconstruction with expansion upward within footprint
PR
PR
CPR
Reconstruction with expansion beyond footprint if it is father away from the designated wetlands than the nearest point of the existing structure
No
PR
CPR
New construction with expansion upward within footprint
PR
PR
CPR
New construction (less than or equal to 100 square feet)
NPR
NPR
CPR
New construction (outside footprint)
No
PR
CPR
New construction (all other)
No
PR
CPR
Clearing (except for clearing authorized under § 129-3B)
No
No
No
Necessary public facilities
NPR
NPR
NPR
Landscaping (per code restrictions)
NPR
NPR
CPR
Construction, creation, elimination, alteration, relocation or enlargement or diminishment of waterway
PR
PR
CPR
Demolition
PR
PR
CPR
Dock
NPR
NPR
No
Bulkhead
NPR
NPR
CPR
Fill
PR
PR
CPR
Fence
NPR
NPR
CPR
Driveway
No
PR
CPR
Utilities (including well)
NPR
NPR
CPR
Septic (changes to existing)
PR
PR
CPR
Septic (new)
No
No
CPR
Septic (abandonment by backfilling and/or removal of existing)
NPR
NPR
CPR
A. 
Planting, seeding, cultivating or maintaining a previously disturbed area is allowed so long as there is no use of sod, turf, fertilizers, pesticides, herbicides, fungicides or other pollutants. New or replacement plantings in the vegetative buffer shall be of native vegetation, as set forth in a list approved by the Town Board.
[Amended 4-25-2023 by L.L. No. 3-2023; 6-3-2024 by L.L. No. 5-2024]
B. 
Undisturbed areas must remain in a natural, undisturbed state, except for the following:
(1) 
Removal of dead, diseased or damaged trees when such removal is necessary for reasons of safety or to control the spread of disease.
(2) 
Removal of obnoxious plant growth such as catbrier, poison ivy, wild grape, oriental bittersweet, Russian olive or other common invasive species.
(3) 
Removal of vegetation on a five-foot wide path for access to, or for construction of, a dock, bulkhead or boardwalk, or other access to the water.
(4) 
Tree limbs may be trimmed upward from the ground to a maximum of 15 feet to permit water views. It is permitted to remove trees of less than four inches in diameter when measured four feet above ground level as long as root structure is not removed and the ground area remains vegetated.
(5) 
Shrubs may be trimmed to a height of four feet to enhance growth of nearby ground vegetation.
C. 
Construction of a dock, bulkhead and boardwalk, does not require a wetlands permit so long as the applicant has obtained a permit pursuant to Chapter 53 of this Code, and the project does not require any disturbance, removal or filling of wetlands or produce any negative impact on the wetlands. No new bulkheads will be allowed unless the applicant can demonstrate that land and/or a significant structure(s) on the property are in imminent peril of destruction from erosion and that other measures of curtailing erosion, such as rock revetments, vegetation restoration, etc., are not viable.
D. 
The depositing or removal of the natural products of wetlands during recreational or commercial fishing, shellfishing or aquaculture is allowed so long as there is no undue disturbance of the wetlands.
E. 
Any actual and ongoing emergency activity which is immediately necessary for the protection and preservation of life, property or natural resources may be done on a temporary basis without a permit, although the applicant must subsequently obtain a permit if one is required.
F. 
The dumping of sewage, liquid waste, refuse, toxic or other offensive materials shall not be permitted within the regulated area, except as permitted by the DEC and the Town.
G. 
Any activity which is not required to obtain a wetlands permit is still subject to all other permit requirements.
H. 
The wetlands permit exemption for new construction less than or equal to 100 square feet is an exemption of all new accumulated construction totaling 100 square feet or less.
[Added 5-25-2007 by L.L. No. 4-2007]
[Amended 8-4-2006 by L.L. No. 11-2006; 5-29-2009 by L.L. No. 7-2009; 7-10-2009 by L.L. No. 10-2009; 10-2-2009 by L.L. No. 16-2009; 4-25-2023 by L.L. No. 3-2023; 6-3-2024 by L.L. No. 5-2024]
A. 
The owner or authorized agent of the owner proposing to conduct or cause to be conducted a regulated activity as defined herein upon or over any wetland or within a regulated area shall file an application for a permit on a form prescribed by the Town Board. Such application shall include the following:
(1) 
A current, certified survey prepared by a licensed surveyor or certified site plan prepared by a licensed architect, landscape architect, or engineer based on a certified survey which shall also be included, showing the information set forth in the application form approved by the Town Board including a delineated wetlands boundary, flagged by a credentialed environmentalist within five years of submission of the application.
(2) 
The short form Environmental Assessment Form (EAF) mandated by SEQRA and the Shelter Island Local Environmental Quality Review Law, Chapter 60, setting forth the information and documentation required for a project permit involving wetlands or the regulated area, subject to a request by the Town Board for additional information in a long form EAF.
(3) 
A notice of disapproval issued by the Building Department and the wetlands application form indicating all proposed structures, and the requisite fee, established from time to time by resolution of the Town Board.
(4) 
A vegetation plan from a licensed design professional must be submitted for any proposal which involves new construction, showing the way in which the vegetative buffer will be affected and preserved including the existing and proposed vegetation, density of buffer, screening, landscaping to be utilized and any other information required by the Town Board, Planning Board or Conservation Advisory Council.
(5) 
Additional hydrological computations, topographical or engineering studies, ecological site plan or other factual or scientific data as deemed necessary by the Town Board.
(6) 
Current photographs of the proposed site showing proposed project location, current vegetative buffer, and existing sediment/erosion controls.
(7) 
Copies of any such application shall be filed with the Town Clerk in the number and manner prescribed by the Town Board.
(8) 
Proof of insurance in force: from the owner, a certificate of insurance for at least $500,000 liability on the location and operations covered by said permit.
B. 
The applicant shall submit one original and 20 copies of the application and required documents, including a portable document format ("PDF") version. Upon receipt of all copies of the complete application, the Town Clerk shall forward seven copies to the Conservation Advisory Council and five copies to the Planning Board. The Conservation Advisory Council and Planning Board shall review said application and shall have a forty-five-day period following transmittal of the application to forward their written report of findings and recommendations to the Town Board.
C. 
The Town Board will only accept and process wetlands permit applications if they are accompanied by any requisite authorization from the New York State Department of Environmental Conservation, and/or a copy of the Suffolk County Department of Health Services permit or application for permit.
D. 
The Town Board shall schedule a public hearing on the application with no less than 30 days' notice, to be given as follows:
(1) 
Upon receipt of a complete application, and findings or recommendations from the Conservation Advisory Council and Planning Board, or after the requisite timeframe for receipt of same has elapsed pursuant to § 129-4B, the Town Board shall fix a time and place for a public hearing and shall provide for giving notice of same by publishing a notice in the official newspaper at least 30 days prior to the hearing.
(2) 
In addition, at least 30 days prior to the hearing, the applicant shall mail notice of the time, date, place and nature of the hearing to the owners of record of every property which is within 200 feet of the property involved in the application and to any applicable homeowners' association. Such notice shall be made by certified mail and addressed to the owners at the addresses listed for them on the local assessment roll. On or before the commencement of the public hearing, the applicant shall file a radius map and an affidavit with postal receipts annexed thereto confirming mailing of said notices.
(3) 
The applicant or his agent shall also erect or cause to be erected a sign or signs which shall be displayed on the parcel upon which the application is made, facing each public street on which the property abuts, giving notice that an application has been made to the Town Board, and stating the time and place where the public hearing will be held. The sign(s) shall not be located more than 10 feet from the street line, and shall not be less than two feet nor more than six feet above the natural grade at the street line. The sign(s) shall be displayed for not less than 30 days immediately preceding the public hearing date. The applicant shall file an affidavit with the Town Clerk that he has complied with the provisions of this section. Failure to submit such affidavit shall result in the adjournment of the public hearing.
E. 
Within 60 days after the public hearing or receipt of any requested information, whichever is later, the Town Board shall render a decision to approve, approve with modifications or conditions or disapprove the issuance of a permit.
F. 
The work covered by the permit must be substantially started within two years of issuance, or the permit is void. The permit shall be valid for a period of two years from date of issuance.
G. 
Any new or additional activity not covered in the original wetlands permit shall require an amendment to the wetlands permit. The amendment follows the same application process as a new wetlands permit.
H. 
A permit may be extended by resolution of the Town Board for an additional period of one year without a public hearing, provided that the request for same is submitted no later than the expiration date.
[Added 12-2-2011 by L.L. No. 7-2011]
The owner or authorized agent of the owner proposing to construct or develop a property within the causeway shall meet the following additional requirements in submitting their application regardless of the distance of the development from the wetlands.
A. 
Additional application requirements.
(1) 
In addition to the application requirements set forth in § 129-4, applicant shall submit the following additional information:
(a) 
A survey drawn to a scale no smaller than one inch to 50 feet, showing the location of the proposed activity, and depicting the existing natural vegetation and the proposed areas to be disturbed;
(b) 
A plan showing all areas proposed to be disturbed or upon which equipment is to be staged during construction;
(c) 
A native revegetation and restoration plan for the disturbed areas;
(d) 
An analysis of a plan to grade or otherwise alter the existing topography, including calculations as to the amount of material to be disturbed, the source of the material, and the plan to stabilize the material. A plan should be submitted showing existing grades and post-construction grades. The post-construction grading shall be designed to facilitate grading by original natural patterns;
(e) 
Full design specifications for the septic system, including Board of Health approval and a copy of all submissions, reports and materials sent to and received back from the Board of Health;
(f) 
Design specifications for any foundation or pilings proposed for the project, including number of piles, distance driven into the earth, height above natural grade and material used;
(g) 
Elevation plans for the proposed structure;
(h) 
Each application for development shall include erosion and sedimentation control measures during and post-construction, identifying all measures and showing proposed locations. The plan shall also identify all devices used to collect and recharge stormwater runoff from impervious surfaces.
(i) 
Copies of all other necessary permits.
B. 
Design specifications for causeway wetlands permit. All applications for a Causeway Wetlands Permit shall meet the following design specifications in addition to the design specifications for all wetlands permits.
(1) 
Natural vegetation protection measures.
(a) 
The causeway footprint of any dwelling on the property shall be limited as follows:
[1] 
Causeway footprint on a lot of more than 200,000 square feet (excluding wetlands): 1,800 square feet.
[2] 
Causeway footprint on a lot between 40,000 and 200,000 square feet (excluding wetlands): 1,800 square feet.
[3] 
Causeway footprint on a lot of less than 40,000 square feet (excluding wetlands): 1,000 square feet.
(b) 
The total area of clearing or other disturbance of native vegetation or natural grades ("site disturbance") shall not exceed the causeway footprint of the structure plus a twenty-five-foot radius around it. An additional twenty-five-foot radius may be cleared around the well and septic system. Invasive vegetation may be removed.
(c) 
Landscaping within the approved site disturbance area shall be at the discretion of the Town Board. In the application for a causeway wetlands permit, the owner shall submit a survey by a licensed surveyor identifying the limits of proposed site disturbance and the amount and percentage of the lot to be cleared or disturbed.
[Amended 4-25-2023 by L.L. No. 3-2023; 6-3-2024 by L.L. No. 5-2024]
(d) 
Stormwater runoff from impervious surfaces shall be collected and recharged.
(e) 
The landscaping shall not involve the addition of any fill, with the exception of that needed for a raised septic system and the required screening planting around the septic system.
(f) 
Any and all applications for a causeway wetlands permit or building permit within the causeway zone shall include native revegetation and restoration measures sufficient to meet the standards set forth below:
[1] 
The limits of site disturbance shall be identified.
[2] 
The applicant for a permit shall have the proposed building and/or structure and the areas to be disturbed staked by a licensed surveyor in accordance with the survey. In addition, stakes shall be installed marking the perimeter of the area to be disturbed.
[3] 
The application shall contain a series of photographs showing existing vegetation on the property.
[4] 
Each application for development shall include a revegetation and restoration plan, which utilizes native vegetation and which revegetates and restores areas that are temporarily cleared or disturbed beyond the limits set forth in § 49-7(B) during development activities, or are required to be revegetated pursuant to a plan approved by the Town Board.
[Amended 4-25-2023 by L.L. No. 3-2023; 6-3-2024 by L.L. No. 5-2024]
[5] 
Applicants are advised that all disturbed area other than the actual construction footprint shall be replanted with native vegetation. No lawns, nonnative plantings or plantings that require irrigation or fertilization are allowed as the frequent flooding of these properties makes the viability of such landscaping unlikely.
[6] 
Revegetation and restoration shall, to the maximum extent possible, result in the reestablishment of the native vegetation which existed prior to site disturbance.
[7] 
Native vegetation authorized and approved by the Conservation Advisory Council shall be used for revegetation and restoration purposes.
(g) 
All driveways must be permeable and use crushed shells or other materials with little visual impact. The largest materials used should be three-quarter-inch crushed multicolor-blend rock.
(2) 
Shoreline protection measures.
(a) 
In the causeway zone, construction of new erosion protection structures is not allowed. Reconstruction or modification of lawfully preexisting erosion protection structures is allowed in accordance with § 133-23.
(b) 
No new bulkheads, docks or shoreline hardening devices can be constructed on causeway zone property.
(3) 
Aquifer and water protection measures.
(a) 
Accessory uses, buildings and structures are prohibited, in order to reduce demands on the limited aquifer in the causeway zone. This includes garages, sheds, swimming pools and other accessory structures and uses.
(b) 
An accessory apartment or accessory sleeping quarters, separate from the dwelling, is prohibited.
(c) 
All development involving the use of a reverse osmosis system in the causeway zone shall be subject to the standards set forth below:
[1] 
Brine, or other byproducts of the reverse osmosis products, shall not be put back into the aquifer, and provision must be made for collection in a holding tank and off-island disposal at a qualified facility;
[2] 
Applicant shall submit a plan showing the following:
[a] 
The manufacturer, size and location of the proposed reverse osmosis system, including the size, location and specifications for the proposed holding tank;
[b] 
The approval of the Suffolk County Health Department and other applicable agencies of the proposed system;
[c] 
The plan and timing of collection and off-island disposal at a qualified facility, including the name and location of the proposed facility.
(d) 
The brine tank must be set back at least five feet from any side yard line and must be screened from public view by plantings at least as tall as the tank. The plantings must be of native vegetation, and applicant shall submit a plan showing the location and type of screening proposed.
[Amended 4-25-2023 by L.L. No. 3-2023]
(e) 
The Town Board would consider a trucked-in water option in lieu of a reverse osmosis system if owner can get approval of the Suffolk County Health Department.
[Amended 4-25-2023 by L.L. No. 3-2023; 6-3-2024 by L.L. No. 5-2024]
(4) 
Septic system protection measures.
(a) 
Any and all applications for a causeway wetlands permit to construct a raised septic system within the causeway zone shall include measures sufficient to meet the standards set forth below:
[1] 
A septic system must be located at least 150 feet from the wetlands, as defined in Chapter 129;
[2] 
A raised septic system must be screened from public view by plantings at least as tall as the raised septic system. The plantings must be of native vegetation, and applicant shall submit a plan showing the location and type of screening proposed;
[3] 
A raised septic system retaining wall must be set back five feet from the property line in order to provide room for the screening plantings on the owner's property;
[4] 
Applicant must make every effort to minimize ground disturbance and the use of fill in constructing the raised septic system, and shall submit a plan showing the following:
[a] 
The height and location of the proposed raised septic system;
[b] 
The Suffolk County Health Department approval of the proposed system;
[c] 
The limits of site disturbance shall be identified;
[d] 
The applicant shall indicate the amount of fill needed to install the system and the source of fill material.
(5) 
Viewshed protection measures.
(a) 
Any and all applications for a causeway wetlands permit to construct a dwelling within the causeway zone shall include measures sufficient to meet the standards set forth below:
[1] 
Building height, as defined in Chapter 133, shall not exceed 25 feet from natural grade;
[2] 
Fill shall not be used to alter the natural grade.
(b) 
Accessory uses, buildings and structures are prohibited. This includes garages, sheds, swimming pools, sports courts and other accessory structures and uses.
(c) 
Driveway design standards. Driveways shall not have a driveway apron. If possible, driveways should be S-shaped to screen the house from the road.
(d) 
There shall be a twenty-foot undisturbed natural vegetation buffer maintained between the road and the house to minimize the visual impact of development.
(e) 
There shall be no regrading of the property to block the natural flow of water that currently flows off the road onto the property.
(f) 
Catwalks that are constructed solely for pedestrian use and built by an individual property owner for the limited purpose of providing noncommercial access to the beach may be allowed if they meet the following criteria:
[1] 
They are no more than three feet wide;
[2] 
The surface shall be of light permeable deck grating;
[3] 
The structure shall be built with non-chemically-treated material;
[4] 
Owner gets appropriate permits for such structure.
(6) 
Flood protection measures.
(a) 
Since the property is extremely susceptible to flooding, any issuance of a causeway wetlands permit will involve a weighing of the following factors:
[1] 
Whether the structure, use or operation under consideration is one for which the possibility of obtaining flood insurance is or should be a material consideration.
[2] 
Whether the structure, use or operation under consideration is appropriate and suitable to this flood-prone area and ways in which flood impacts on the public can be mitigated.
[3] 
Whether the development meets appropriate state and federal guidelines and standards for the use of lands extremely susceptible to flooding under FEMA criteria.
(b) 
It shall be understood by all persons that issuance of a causeway wetlands permit for development in this flood-prone area is no guarantee that such development is prudent or desirable. All parties receiving a causeway wetlands permit shall sign a document on behalf of the owner or owner's heirs, assigns, personal representatives and estate releasing, forever discharging and covenanting not to sue the Town of Shelter Island, its departments, officers, boards, employees and volunteers with respect to any and all claims, liabilities, demands or causes of action which may arise in connection with issuance of permits for development in this flood-prone area.
[Amended 4-25-2023 by L.L. No. 3-2023]
A. 
No permit shall be issued unless the applicant demonstrates, and the Town Board finds, that the following standards have been met:
[Amended 6-3-2024 by L.L. No. 5-2024]
(1) 
The proposed action and location will not create a risk of impairing the function and value of the wetland and buffer.
(2) 
The proposed project will not diminish any wetland in size, unless the approving authority finds that the proposed activity is water-dependent or requires access to the wetland as a central element of its basic function and will result in the minimum possible alteration or impairment of the wetland.
(3) 
The proposed project will not have a negative impact on the quantity and quality of groundwater.
(4) 
The proposed project will not create a net increase in the risk of runoff.
(5) 
The applicant has demonstrated that there are no practicable alternatives which allow the project to be constructed outside the regulated area. Practicable alternatives are presumed to be available unless the applicant clearly demonstrates otherwise. In making this determination, note that the Town Board generally finds that conducting the proposed regulated activity on the side or landward side of the house is highly preferred to conducting it within the regulated area.
(6) 
The applicant has submitted information to describe alternative site locations and configurations sufficient for a determination that the proposed work and location would have a less adverse environmental impact than any other practicable alternative in order for it to be approved. Practicable alternatives that are constructed entirely outside the vegetative buffer are presumed to have less adverse impacts on the wetlands than projects that do not meet such standards, unless the applicant clearly demonstrates otherwise.
(7) 
The Town Board has determined that the applicant will voluntarily implement, within three months of the issuance of the permit, adequate mitigation measures that contribute to the protection and enhancement of wetlands and wetland benefits.
B. 
The Town Board reserves the right to impose any conditions and mitigation measures it deems to be compatible with the purpose and public policy of this chapter.
C. 
Upon completion of the permitted project the applicant shall contact the Town's Environmental Consultant, fees to be incurred by the applicant, to confirm that the subject buffer, if any, meets the requirements of this chapter and the conditions of the permit. If confirmed, and all of the other terms are met, the Building Inspector shall issue a certificate of wetlands compliance.
[Added 12-2-2011 by L.L. No. 7-2011; amended 4-25-2023 by L.L. No. 3-2023; 6-3-2024 by L.L. No. 5-2024]
A causeway wetlands permit will be issued only with a finding by the Town Board that the proposed regulated activity meets the findings of § 129-5 and meets the following additional requirements:
A. 
Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location.
B. 
Is not likely to cause a measurable increase in flooding or erosion at the proposed site and at other locations.
C. 
Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values and natural resources, including, but not limited to, significant fish and wildlife habitats.
D. 
Is constructed and placed in a way to minimize or prevent damage or destruction to manmade property, private and public property, natural protective features, viewscapes and other natural resources.
E. 
Will not overly stress or contaminate the aquifer in the neighborhood of the project.
F. 
The Town Board may waive some of the causeway wetlands permit requirements in order to achieve goals that further the stated purpose of the causeway wetlands permit legislation, but shall provide a written analysis of any such waivers.
[Added 12-2-2011 by L.L. No. 7-2011; amended 4-25-2023 by L.L. No. 3-2023; 6-3-2024 by L.L. No. 5-2024]
The Shelter Island Town Board shall be the body responsible for reviewing and issuing causeway wetlands permits. To the extent possible, this process shall occur simultaneously with any zoning review by the Zoning Board of Appeals.
[Amended 5-19-2025 by L.L. No. 5-2025]
A. 
Application fees for wetlands permits shall be established by resolution of the Town Board.
B. 
Expenses. In addition, applicants shall be liable for, and shall pay to the Town all of its expenses reasonably and necessarily incurred in connection with the application including, without limitations, all fees, costs and expenses for engineering, legal, and stenographic services, environmental and other consultant services, and all recording fees that are reasonably and necessarily incurred in connection with the application.
C. 
Initial deposit, other than one-family and two-family residential premises. The Town Board may from time to time by resolution establish and require deposits to be paid by applicants in connection with applications related to properties that are other than one-family or two-family residential premises, to secure the payment of the expenses required to be paid pursuant to this section. The expenses for which the applicant is responsible shall be deducted from the deposit as incurred by the Town.
D. 
Additional deposit. In the event, from time to time, the amount on deposit with the Town is reduced to 25% of its original amount prior to final determination of the application and receipt by the Town of all invoices for the expenses required to be paid pursuant to this section, the applicant shall deposit such additional funds as may be required to restore the amount on deposit to 50% of its original amount.
E. 
Refund of unused deposit. In the event that the amount of the deposit shall exceed the expenses required to be paid pursuant to this section, upon final determination of the application and receipt by the Town of all invoices for such expenses, the unused portion of the deposit shall be returned to the applicant.
[Amended 4-25-2023 by L.L. No. 3-2023; 6-3-2024 by L.L. No. 5-2024]
The Town Board, upon the request of an applicant for a permit, may waive the submission of any information required by the provisions of § 129-4, if it finds it to be unnecessary.