[Amended 6-16-2020 by L.L. No. 17-2020]
This chapter shall be known as the "Marine Conservation Law."
[Amended 6-16-2020 by L.L. No. 17-2020; 4-13-2021 by L.L. No. 13-2021]
(A)
Through the Nicols, Dongan and Fletcher Patents, the Board of Trustees of the Town of Huntington and/or the Town of Huntington, with few exceptions, are the owners of the underwater lands bounding the Town of Huntington, including the underwater lands within the Incorporated Villages, and are entrusted pursuant to the Public Trust Doctrine to ensure that the private use of the underwater lands, including the bay bottoms, does not interfere with the right of the public to use the waters, or negatively impact or unduly disturb the underwater lands and marine life; and
(B)
It is the intent of the Town Board to protect the citizens of the Town of Huntington by providing for the protection, preservation, proper maintenance and use of its watercourses, coastal wetlands and tidal marshes in order to minimize their disturbance, prevent damage from erosion, turbidity or siltation, salt water intrusion, loss of fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation and the destruction of the natural habitat thereof, the danger of flood and storm tide damage and pollution and to otherwise protect the quality of watercourses, coastal wetlands, tidal waters, marshes, shorelines and watersheds from mismanagement. Therefore, the Town Board declares that regulation of the watercourses, coastal wetlands and tidal marshes of the Town of Huntington is essential to the health, safety, economic and general welfare of the people of the Town of Huntington and in their interest; and
(C)
Nothing contained in this Chapter is intended to restrict or limit the ability of a peace officer or other member of the Department of Maritime Services, or the Incorporated Villages within the Town, or the Suffolk County Police Department, the United States Coast Guard, or any state or federal agency having jurisdiction, to patrol or otherwise perform the duties of their office; and
(D)
Article VIII of this Chapter pertaining to the mooring and anchoring of vessels and floats is not applicable to the privately deeded underwater lands of residents of the Incorporated Villages of the Town.
(E)
Nothing contained in this Chapter is intended to divest an Incorporated Village of the Town of Huntington of its jurisdiction to restrict and regulate the anchoring and mooring of vessels or floats in any waters within or bounding the Villages to a distance of fifteen hundred (1,500) feet of Village shorelines as set forth in New York State Navigation Law § 46-a(1)(b).
[Added 4-13-2021 by L.L. No. 13-2021; amended 9-14-2021 by L.L. No. 56-2021]
(F)
Nothing contained in Article VIII of this Chapter pertaining to the mooring and anchoring of vessels and floats shall apply to the underwater lands known and designated on the Suffolk County Tax Map as District 0403, Section 018, Block 01 and Lots 01, 02, 03 and 04.
[Added 9-14-2021 by L.L. No. 56-2021]
(A) APPARENT HIGH WATER (AHW) APPARENT LOW WATER (ALW) ARMAMENT-STONE BEACH BERTH BULKHEAD CERTIFICATE OF COMPLETION COASTAL WETLANDS COMMERCIAL MARINE STRUCTURE(S) CONSERVATION BOARD CONSTRUCTION DEPARTMENT OF ENGINEERING SERVICES DEPARTMENT OF MARITIME SERVICES DEPOSIT DOCK ASSEMBLY EMERGENCY MAINTENANCE PERMIT EROSION FILL FIXED PIER FIXED PLATFORM ACCESS STRUCTURE FLOATING DOCK FLOATING PLATFORM GABION WALL SYSTEM HIGH WATER (HW) INTERTIDAL ZONE LETTER-IN-LIEU LITTORAL BOUNDARY LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP) MARINA MAINTENANCE DREDGING MARINE RESOURCE FLOATING PLATFORM MARINE STRUCTURE MEAN LOW WATER or MEAN HIGH WATER(1) (2) (3) (4) MATERIAL MINOR RECONSTRUCTION MOORING MOORING, TRANSIENT OPERATION PEAK LUNAR TIDES PERSON PIER PILE REMOVE REPAIR RESIDENTIAL AND/OR RECREATIONAL MARINE STRUCTURES RIP-RAP ROUTINE MAINTENANCE SEAWALL SHORELINE SUBSTANTIAL RECONSTRUCTION SWIM FLOAT TIDAL MARSH TIDAL WATERS TOWN UPLAND WATERCOURSES WETLANDS
Definitions. For the purpose of this chapter, the following terms, phrases, and words shall have the meanings stated:
[Amended 6-16-2020 by L.L. No. 17-2020]
The observed location of high water recorded at a particular point or station on a particular date.
The observed location of low water recorded at a particular point or station on a particular date.
The placement/installation of larger stones, including boulders, at the toe of a bulkhead/seawall to dissipate wave action.
A geological formation consisting of sand, gravel, pebbles or even shell along a shoreline or body of water.
The water area a vessel occupies when made fast to a shoreline or structural installation.
A structure that is positioned parallel to the shore to retain upland soil.
A certificate issued by the Department of Engineering Services stating that a permitted project under this Chapter has been completed in compliance with approved plans, the Code of the Town of Huntington and other applicable provisions of law.
Includes all wetlands and submerged lands bordering on or within the town boundaries which are covered by tidal waters permanently or intermittently from normal or peak-lunar tides and which are below the ten foot contour measured from mean sea level datum as established by the United States Coast and Geodetic Survey.
A marine structure designed to dock, berth or service vessels that function and/or serve as a component part of a marina, fuel dock, yacht club, barge, tanker terminal, commercial fishing loading/off-loading facility or as a structure designed to secure or make fast a vessel(s) engaged in commerce or to accommodate greater than four noncommercial vessels at a time.
The Town of Huntington Conservation Board.
The act or action of combining materials and parts to form a new permanent or temporary structure.
The Town of Huntington Department of Engineering Services.
The Town of Huntington Department of Maritime Services.
Includes, but is not limited to, dump, bulldoze, shovel, pipe hydraulically or any other method of placing material on a site.
A marine structure, components and assemblage that extends seaward to consist of a fixed pier, movable access ramp and float(s), intended to berth and secure a vessel(s).
A permit issued by the Department of Engineering Services as set forth in Article VII of this chapter to repair, reinforce or stabilize an existing marine structure under emergency conditions so as to prevent further damage to the structure or adjacent structures, as well as wetlands or adjacent wetlands. It shall include, but not be limited to, storm damage, ice damage, washouts and sudden deterioration requiring replacement of pilings, reinforcement of bulkheads, preventive maintenance to avoid further or complete failure and corrective maintenance to restore the normal function of the structure. Removal and depositing of material are expressly excluded from this definition.
To wear away or diminish land by action of water or wind.
All fill, including but not limited to backfill material, consisting of only clean sand, gravel or soil (not asphalt, slag, fly ash, broken concrete or demolition debris).
A marine structure, usually of open construction, that is a component of a dock assembly, built for use as a means of accessing the shoreline.
A marine structure, usually of open construction, that provides access to the shoreline over or around an erosion control structure, including but not limited to a bulkhead, seawall or rip-rap.
A buoyant marine structure usually of open construction, which extends seaward and is affixed and secured in place with the use of piles or anchors.
A buoyant marine structure having an area of 120 square feet or less. A "floating platform" may stand alone or be in tandem, where such structure shall be anchored in place and not affixed to the shore. Such structure shall be designed for the specific use or purpose to contain/support commercial fishing equipment including gear, nets, traps, cured bait and/or as a structure to make fast to a vessel.
A system of cage or box like structures filled with larger stones or concrete and placed in line and sometimes stacked on a shoreline area to act as erosion control.
Maximum height reached by a rising tide. The height may be solely due to the periodic tidal forces or it may have superimposed effects of prevailing meteorological conditions, also commonly known as high tide.
Includes those tidal marshes and coastal wetlands regularly exposed and covered by normal tidal water action; the area between mean low water and mean high water, including where the low marsh cordgrass grows (Spartina alterniflora).
For the purposes of this chapter this definition shall refer to a letter issued by the Town of Huntington Department of Engineering Services in lieu of a certificate of completion for marine structures completed prior to June 3, 1970. A letter-in-lieu is not intended to legalize zoning violations pertaining to any past or present use of a structure.
A boundary line extending seaward from adjoining upland parcels from a point at right angles to tangent to the mean high water (MHW) line, drawn at that point to where the property line intersects the MHW line. In situations where irregular shoreline features may cause the "littoral boundary" to inequitably divide the littoral areas of adjacent shoreline property owners, the "littoral boundary" will be located in such a manner as to equitably divide the adjacent littoral areas based upon shoreline frontage.
The program of the Town of Huntington regarding local waterfront revitalization as adopted by the Town Board of the Town of Huntington and approved by the New York Secretary of State.
A waterfront facility designed to berth, store, launch, repair, fuel or provision a vessel exclusive of a docking facility that services as a residential and/or recreational structure.
Dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland harbor.
Any special purpose floating platform operated and regulated by the Town of Huntington alone designed for and limited to propagation and grow-out of natural resources.
A structure either in the water or adjacent to the shoreline, that provides access to the water, the shoreline or protects property bordering the shoreline from erosion, including but not limited to a bulkhead, seawall, dock assembly, fixed pier, fixed platform access structure, floating dock, floating platform, armament-stone, rip-rap, or gabion wall system.
Respectively, the approximate average low water level or high water level for a given body of water at a given location, that distinguishes between predominantly aquatic and predominantly terrestrial habitat as determined, in order of use, by the following:
Available hydrologic data, calculations, and other relevant information concerning water levels (e.g. discharge, storage, tidal, and other recurrent water elevation data;
Vegetative characteristics (e.g., location, presence, absence or destruction of terrestrial or aquatic vegetation);
Physical characteristics (e.g., clear natural line impressed on a bank, scouring, shelving, or the presence of sediments, litter or debris); and
Other appropriate means that consider the characteristics of the surrounding area.
Includes, but is not limited to, soil, sand, gravel, clay, bog, mud, shells or other aggregates, solid and liquid wastes and chemicals.
Includes, but not limited to the replacement-in-kind, or reconstruction of less than fifty (50%) percent of a marine structure or subsystem of a marine structure in a twelve (12) month period.
The ropes, lines, chains, cables or anchors by or to which a vessel, dock or float is secured in place or made fast.
Mooring of any vessel, dock or float using mooring space on a temporary basis.
The removal or depositing of material or a combination of both or the erection or reconstruction of any dam, impounding structure or other structure, including, but not limited to, any artificial obstruction, temporary or permanent, dock, pier, wharf or other structure, temporary or permanent, used as a landing place on water or pile, spile or dolphin.
Those excessively high tides or spring tides caused by lunar gravitational phenomena.
Any person, firm, partnership, association, corporation, company organization or legal entity of any kind. The term "person" shall not include a municipality, special improvement district or other entity for which real estate taxes are not collected, provided that the construction or use is for a governmental, municipal or district purpose and is not proprietary in nature.
A marine structure usually of open construction projecting into a body of water for use as a landing stage or breakwater.
A long vertical substantial pole of wood, concrete or metal, driven into the earth or sea-bed to serve as support or protection.
Includes but is not limited to dig, dredge, suck and bulldoze or any other method.
To restore to sound condition after damage or wear by means of replacement of any part or portion of an existing marine structure or sub-system with like or similar type materials.
A pier, ramp and float(s) structure operated for recreational purposes to permit the docking of no greater than three vessels per single residence.
The placement or stacking of larger stones, including boulders, on a shoreline area to act as control erosion.
The customary minor repairs required to preserve and sustain a marine structure in satisfactory operating condition, provided that the minor repair is not submerged in tidal water. Routine maintenance shall not include the enlargement of or increase in capacity in a portion of a permitted marine structure. Any form or dredging or depositing of material shall not be considered routine maintenance and shall require a permit under this chapter.
A wall or embankment to protect the shore from erosion or to act as a breakwater.
The land at the edge of a body of water, such as an ocean, sound, bay, sea, lake, cove, bight, canal or harbor.
Refers to any repair, replacement or reconstruction of fifty percent (50%) percent, by area, or more of a marine structure or subsystem of a marine structure in a twelve (12) month period.
A floating structure positioned and anchored in town waters that is designed specifically to serve as a diving platform and to assist or support swimmers during recreational water contact activities.
Includes those coastal wetlands inundated by tidal waters from normal tidal action and/or peak lunar tides and/or exhibiting salt-marsh peat at their undisturbed surface and upon which grows some or all the following indigenous vegetation: salt meadow grass (Spartina patens), spike grass (Distichlis spicata), black grass (Juncus gerardi), cordgrass (Spartina alterniflora), saltworts (Salicornia), sea lavender (Linonium carolinanus), sand spurrey (Spergularia marina), tall cordgrass (Spartina pectinata), high tide bush (Iva frutescens), Phragmites communis and groundsel tree (Baccharus halimifolia).
Includes all waters bordering on or within the town boundaries subject to fluctuations in depth from storm, peak lunar or normal tidal action and shall include but not be limited to all brackish and salt waters of streams, ponds, creeks, estuaries, bays, sounds and inlets and may include certain fresh waters.
The Town Board of the Town of Huntington or the Town of Huntington Board of Trustees or their successors as provided by law, or both, as the case may be.
All that land or area not containing wetlands as defined herein and which is above the ten foot contour measured from mean sea level datum as established by the United States Coast and Geodetic Survey.
Any waterway or other body of fresh, brackish or salt water having reasonably well defined banks, including but not limited to sounds, bays, rivers, creeks, rivulets, lakes, ponds and streams.
Lands generally covered or intermittently covered with fresh, brackish or salt water, including but not limited to tidal marsh, thatch meadows, out-marshes, salt meadows, swamps and bogs.
(B)
Word usage. When not inconsistent with the context, words used 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 merely directory.