[Added 5-25-2017 by L.L. No. 13-2017, effective 6-7-2017; amended 6-26-2018 by L.L. No. 12-2018, effective 7-9-2018; 9-18-2023 by L.L. No. 7-2023, effective 10-2-2023]
No person or corporation may undertake aquaculture within the waterways of the Town of Brookhaven without first obtaining a wetlands and waterways permit from the Division of Environmental Protection under Chapter 81 of the Town Code of the Town of Brookhaven.
A. 
Nonresidents of the Town of Brookhaven shall not be eligible for an aquaculture permit. In the case of a corporation, partnership, limited-liability corporation, or any similar corporate commercial entity, all principals must reside within the Town.
B. 
Any applicant must have first obtained all of the necessary permits required by the Town of Brookhaven and the New York State Department of Environmental Conservation to harvest, sell, and transport shellfish from the Town of Brookhaven.
Sites that are selected for aquaculture shall be subject to the following restrictions:
A. 
Have a permanent certification for shellfish harvesting as approved by the New York State Department of Environmental Conservation (DEC);
B. 
Shall not be within a sea grass bed;
C. 
Must be outside of any area within the Town of Brookhaven designated as a winter grounds or management areas as defined in §§ 57-35 and 57-36;
D. 
Must be outside of the jurisdictional boundaries of the Fire Island National Seashore, unless permission of the Department of the Interior is secured;
E. 
If privately owned property, an executed lease agreement with the private property owner of the underwater lands shall be provided;
F. 
Must be at least 375 feet seaward from any private property line and limited to that area bounded by the seaward extension of the eastern and western property lines extended southerly into the bay a distance of 375 feet parallel to the mean high water mark of the southern property boundary;
G. 
Must be at least 200 feet from any other shellfish farm license/lease boundary; and
H. 
Must be 100 feet outside of any marked or unmarked navigation channel.
A. 
Applications shall be submitted to the Division of Environmental Protection under the requirements of Chapter 81 of the Town Code of the Town of Brookhaven. A complete application shall include:
(1) 
A request for an authorizing resolution granting permission for the applicant to submit an application to the New York State Department of Environmental Conservation. Said resolution must include the proposed location of the farm, its size, the species of shellfish to be grown and the type of equipment to be used. In the case of privately owned property, an executed lease agreement from the property owner shall be provided;
(2) 
A completed application form;
(3) 
A completed long environmental assessment form;
(4) 
A survey of the property showing the lot location; metes and bounds description; distance to any adjacent licensed/leased area used for aquaculture; distance to any navigational channels; and further complies with the requirements set forth in § 57-41;
(5) 
Photos of the site;
(6) 
A fee as required.
B. 
Prior to the issuance of any permit, the following information must also be submitted to the Division of Environmental Protection, as applicable:
(1) 
A copy of all permits issued by the New York State Department of Environmental Conservation, including all permit conditions and a copy of the approved plan;
(2) 
A copy of all permits issued by the Army Corps of Engineers, including all permit conditions and a copy of the approved plan;
(3) 
A copy of all permits issued by the U.S. Coast Guard, or a letter stating that no navigational markings are required;
(4) 
A copy of all permits issued by the Town of Brookhaven, including, but not limited to:
(a) 
A commercial buyer's permit; and
(b) 
An employee buyer's helper's permit, if required;
(5) 
A copy of the Benthic Survey;
(6) 
A copy of the management plan; and
(7) 
A copy of an executed license/lease agreement.
Permits shall be valid for five years from the date of issuance.
For Town-owned underwater lands, the applicant shall enter into a license agreement with the Town of Brookhaven. Said agreement shall define the duration of the license (up to 25 years) and the annual licensing schedule of payments, as follows:
A. 
Initial five years, two acres or less: $104 per acre;
B. 
Initial five years, more than two acres: $174 per acre;
C. 
First renewal (years six to 10): $263 per acre;
D. 
Subsequent renewals (years 11 to 25): $527 per acre.
The corners of the lot must be obviously marked in a manner that will advise boaters that the area contains a navigational hazard. All buoys, floats, markers, etc., must be clearly marked with both the NYS state on-off bottom culture permit's alphanumeric identifier and the Town's wetlands and waterways permit number.
A. 
The applicant shall be responsible for marking for identification purposes all equipment under its ownership, maintaining the equipment permitted, and will be responsible for retrieving any equipment that leaves the licensed/leased area.
B. 
The applicant shall be responsible for the employment of waterfowl deterrent devices to prevent waterfowl from landing on floating aquaculture equipment.
C. 
During the winter months, the floats must be removed and the bags or culture containers be secured to the bay bottom. All floats must be removed by January 1 and the system cannot be refloated until March 1.
Every two years, from the date the permit is issued, the applicant shall submit to the Division of Environmental Protection copies of reports as required by the DEC regarding shellfish placed and harvested.
A. 
No license or lease shall be transferable.
B. 
The applicant shall be authorized to use the licensed/leased area for the sole purpose of propagating shellfish or other approved species, including other noninvasive marine plants, in accordance with the New York State Department of Environmental Conservation's issued permits; the U.S. Army Corps of Engineers' general permit; the Town of Brookhaven wetlands and waterways permit; and any other required permits. All other activities shall be strictly prohibited.
A. 
A wetlands and waterways permit for aquaculture shall expire within 90 days of notification by the DEC that the water quality within the licensed/leased area no longer meets the standards for permanent open certification.
B. 
The Town may revoke a wetlands and waterways permit under the following conditions:
(1) 
The applicant fails to comply with all present and future federal, state, county and Town laws, codes, rules and regulations applicable to aquaculture activities;
(2) 
The applicant fails to comply with the conditions and/or requirements of all federal, state and local permits within 10 days of being served notice by any regulatory agency of violation;
(3) 
The applicant fails to comply with the conditions of the license agreement with the Town of Brookhaven. The invalidation of the license agreement will cause an immediate revocation of the wetlands and waterways permit;
(4) 
The applicant abandons its licensed/leased area by not growing shellfish or other aquaculture species on the underwater lands for three consecutive years.
(5) 
The Town may choose to revoke or not renew the wetlands and waterways permit should evidence support that continued aquaculture activities are detrimental to the local flora and fauna.
Aquaculture permits issued under Chapter 81 may be renewed every five years, subject to the regulations set forth in this chapter.