[HISTORY: Adopted by the Suffolk County Legislature 9-3-2025 by L.L. No. 32-2025. Amendments noted where applicable. Uncodified sections of certain local laws amending these provisions are included as an attachment to this chapter.]
A. 
This Legislature hereby finds and determines that, to implement the County's policy of conserving, preserving, and protecting its environmental assets, natural and man-made resources, open spaces, agricultural and waterfront lands, and areas of historical or ecological significance, a process must be established to acquire waterfront conservation easements that support food supply, recreational access, coastal values, and sustainable economic growth.
B. 
Suffolk County is home to 2,949 maritime-related businesses employing approximately 38,419 people—6.1% of the County's economy (NOAA, 2021). The commercial fishing and shellfish industries are heritage sectors offering economic and cultural value. According to NOAA, in 2023, New York State fisheries landed over 17,000,000 pounds of fish valued at more than $28,000,000.
C. 
This Legislature finds that the fishing industry and the shellfish industry are important sources of employment and income in the County. Commercial fishing is a heritage industry in the County that provides quality of life benefits, economic benefits and tourism revenue. According to NOAA, in 2023 New York State fisheries landed more than 17,000,000 pounds of fish, valued at more than $28,000,000.
D. 
This Legislature finds that according to the Long Island Association's Blue Economy Report issued in 2023, water-related industries together account for nearly 68,000 jobs, about 5% of the region's total.
E. 
This Legislature further finds that there are 2,400 acres of commercial waterfront property throughout Suffolk County.
F. 
This Legislature finds that Suffolk County codified the right to fish in 1988 in Chapter 475, Article I, of the Suffolk County Administrative Code, and codified a seaweed cultivation program in 2017 in Chapter 475, Article III, of the Suffolk County Administrative Code, and both codified programs require consistent and reliable access to and use of working waterfront property.
G. 
This Legislature further finds and determines that the existing Chapter 25 of the Suffolk County Code, Conservation Easements, regulates and implements a process by which the County acquires conservation easements, which limit or restrict development, management, or use of real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance, or amenities of the real property.
H. 
This Legislature further finds that in recent years the commercial fishing, aquaculture, and maritime industries are facing mounting pressures to sell their real property for development of waterfront properties that would severely limit and call into doubt the continuing availability of working waterfront properties that act as docks, piers, wharves, packhouses, and ice houses enabling commercial fisheries to contribute their important catch to the food supply for the residents of Suffolk County. Additionally, the continuing availability of maritime and marina waterfront properties essential to the historical and cultural environment enjoyed by Long Island residents for charter boat fishing, commercial dock space and repair and storage facilities face similar pressures.
I. 
This Legislature further finds that other coastal communities in Maine, Maryland, and Rhode Island have developed programs and procedures to protect and preserve working waterfronts and determines that the County of Suffolk should follow the pioneering lead of these communities by creating a mechanism by which the County of Suffolk may protect and preserve working waterfronts supporting the commercial fishing and maritime industries.
J. 
Therefore, in recognition of the environmental, historical, and cultural significance of the commercial fishing and maritime industries on Long Island and the integral nature of the commercial fisheries and maritime businesses to the community character, economy, and food supply to the residents of Suffolk County, the purpose of this local law[1] is to establish a new chapter of the Suffolk County Code to create a formal mechanism for the acquisition of conservation easements by the County of Suffolk specific to working waterfronts, aquaculture, commercial fisheries, and recreational fishing or boating businesses.
[1]
Editor's Note: "[T]his local law" refers to L.L. No. 32-2025, adopted 9-3-2025, which enacted this Ch. 26.
As used in this chapter, the following terms shall have the meanings indicated:
AQUACULTURE BUSINESS
Any enterprises directly or indirectly concerned with the cultivation of shellfish or aquatic plants grown under controlled conditions, including but not limited to kelp and seaweed, for human use, consumption and/or resource restoration, including persons providing direct services to such enterprise (as long as provision of these direct services requires access to a working waterfront), and municipal and private docks, piers, wharves, packhouses, processing facilities, pack out facilities, boat builders, boat repairs, storage, and ice houses operated to provide waterfront access to such enterprise(s), and their customary accessory uses.
COASTAL WATERS
Those waters adjacent to shorelines within the territorial jurisdiction of the County of Suffolk which contain a measurable quantity or percentage of sea water, including but not limited to sounds, bays, shallows, marshes, lagoons, bayous, ponds, and estuaries, and which are characterized by natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development or would maintain or enhance the conservation of natural or scenic, or historic resources.
COMMERCIAL FISHERIES BUSINESS
Any enterprise directly or indirectly concerned with the commercial harvest of wild marine organisms, including, without limitation, licensed commercial fishermen, and fishermen's cooperatives, persons providing direct services to commercial fishermen, and fishermen's cooperatives (as long as provision of these direct services requires access to a working waterfront), and municipal and private docks, piers, and wharves, packhouses, processing facilities, and ice houses operated to provide waterfront access to commercial fisherman, and fishermen's cooperatives, and their customary accessory uses.
COMMITTEE
The Working Waterfront Committee.
CONSERVATION EASEMENT
An easement, covenant, restriction or other interest in real property, created under and subject to the provisions of this chapter, which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, working waterfront, maritime, archaeological, architectural or natural condition, character, significance or amenities of the real property in question.
DEPARTMENT
The Suffolk County Department of Economic Development and Planning.
ELIGIBLE ENTITY
Entities eligible to apply for participation in the County of Suffolk's Conservation of Working Waterfronts program shall include owners of working waterfront real property participating in the commercial fisheries business, aquaculture business, or the recreational fishing or boating business.
RECREATIONAL FISHING OR BOATING BUSINESS
Any enterprise(s) directly or indirectly concerned with recreational fishing or boating, whose primary source of income is derived from these activities, including persons providing direct services to such enterprise (as long as provision of these direct services requires access to a working waterfront), and municipal and private docks, piers, wharves, packhouses, and ice houses operated to provide waterfront access to such enterprise(s), and their customary accessory uses.
THIRD-PARTY ENFORCEMENT RIGHT
A right which may be granted in a conservation easement which empowers a public body or a not-for-profit conservation organization which is not a holder of the easement to enforce any of the terms of the easement.
WORKING WATERFONT DEVELOPMENT PERMIT
Written permission, issued by the Committee, to erect, install, locate, relocate, modify, rebuild, remove or demolish a proposed or existing structure, to operate an alternative energy system, and/or to operate a retail store or processing facility on working waterfront. Only improvements or actions necessary for the operation of an aquaculture business, commercial fisheries business or recreational fishing or boating business, as defined in this code, shall be permitted.
WORKING WATERFRONT
Real property, consisting of land, legally filled lands, aquatic habitat for aquaculture or commercial fisheries purposes, docks, piers, wharves, packhouses, and ice houses, and other improvements to lands adjacent to navigable coastal waters of the State of New York or any political subdivision thereof within the County of Suffolk, which supports the commercial fisheries business, the aquaculture business, or the recreational fishing or boating business.
A. 
Application. Any owner or owners of working waterfront real property located and situated within the County of Suffolk that includes or directly abuts coastal waters and supports commercial fisheries business, the aquaculture business, or the recreational fishing business may submit an application to the Committee and Department for the granting of a conservation easement. Such application shall be submitted in such manner and form as may be prescribed by said Committee and shall include a survey map and a metes-and-bounds description of the proposed area to be granted as a conservation easement.
B. 
Review by Committee. Upon receipt of such application together with a letter of interest from the landowner, the Committee, with the assistance of the Department, shall investigate, or cause to be investigated, the area to determine if pursuing the application would benefit the people of the County of Suffolk. Such investigation and evaluation shall be conducted according to the Suffolk County Waterfront Conservation Easement Rating System ("Rating Sheet") annexed hereto as Exhibit A and incorporated herein by reference,[1] and shall include an evaluation of the following factors at a minimum:
(1) 
The economic significance of the application to the commercial fisheries business, the aquaculture business, or the recreational fishing or boating business in the immediate vicinity and community in which the eligible project is located, which shall include evaluation of the potential for sale and development of the subject real property for purposes other than working waterfront;
(2) 
Whether other adequate waterfront access alternatives exist for the commercial fisheries business, the aquaculture business, or the recreational fishing or boating business within the community in which the eligible entity operates;
(3) 
The utility of the conservation easement for the commercial fisheries business, the aquaculture business, or the recreational fishing or boating business with respect to the natural characteristics and developed infrastructure of the relevant property;
(4) 
The likelihood that the working waterfront area will remain compatible with commercial fisheries business, the aquaculture business, or the recreational fishing or boating business;
(5) 
Whether the subject real property is within an area designated as one of local, statewide, or regional significance; and
(6) 
Whether any local municipal or not-for-profit conservation organizations have demonstrated a willingness to partner with the County to establish the proposed conservation easement.
[1]
Editor's Note: Said exhibit is on file in the County offices.
C. 
Recommendation by Committee. If the Committee determines that it is in the public interest to further an application according to the Rating Sheet, the Committee shall adopt a resolution recommending to the County Legislature to initiate the acquisition process outlined in Suffolk County Code Ch. 1070 and acquire the particular conservation easement. Such resolution shall include any recommendations the Committee deems appropriate concerning permitted structures or uses.
D. 
Determination. The County Legislature, after receiving the reports of the Committee, may adopt a resolution approving the application or any modification thereof as it deems appropriate or may reject the proposal in its entirety. Pursuant to the County Legislature's duly authorized resolution, the Department and the Suffolk County Department of Law may also negotiate the terms and conditions of the approval and its memorialization in the conservation easement.
E. 
Recording. If such application is approved via adopted resolution of the County Legislature, the conservation easement shall be executed by the owner or owners in written form acceptable to the County Department of Law and in a form suitable for recording in the Suffolk County Clerk's Office.
A. 
All conservation easement applications accepted by the County Legislature pursuant to this chapter shall be reduced to a written agreement in a form acceptable to the County Department of Law, but, at a minimum, shall meet the following standards:
(1) 
The eligible entity/grantor shall agree that the land under the easement will not be further developed, built upon, or otherwise changed during the term of the conservation easement except that (a) bona fide conservation measures may be permitted pursuant to a conservation management plan approved by the Committee and (b) further developments or changes to such working waterfront parcels of real property may be permitted by duly authorized resolution of the Working Waterfront Committee and/or Suffolk County Legislature, as appropriate, provided that such proposed development or changes shall be in furtherance of the relevant eligible entity's working waterfront activities. The Working Waterfront Committee will review permit applications in accordance with criteria developed and the rules and regulations promulgated thereunder and make, thereafter, a decision whether or not to issue a permit and the terms and conditions that should apply.
(2) 
Land covered by a conservation easement may be sold. The terms and conditions of the conservation easement shall constitute covenants that shall run with the land and shall continue in full force and effect during the entire term of the conservation easement.
(3) 
Subject to permitted activities deemed in furtherance of the commercial fisheries businesses, aquaculture businesses, and/or recreational fishing or boating businesses by the Suffolk County Legislature and/or Working Waterfront Committee, a conservation easement may not be alienated by the County except by charter law subject to mandatory referendum.
(4) 
Conservation easements shall be perpetual in duration.
(5) 
Conservation easements shall contain third-party enforcement rights.
B. 
Where the parcel covered by the conservation easement contains a principal dwelling or other buildings and structures, said dwelling, buildings or structures shall be excepted from the conservation easement; provided, however, that docks, piers, wharves, packhouses, ice houses, and other ancillary structures that support operation of commercial fisheries businesses, aquaculture businesses, or the recreational fishing and boating businesses, and their customary accessory uses, may be included in the conservation easement subject to the approval of the County Legislature.
A conservation easement may only be modified or extinguished:
A. 
As provided in the instrument creating the easement;
B. 
In a proceeding pursuant to § 1951 of the New York Real Property Actions and Proceedings Law; or
C. 
Upon the exercise of the power of eminent domain.
A. 
Established. The Committee is hereby constituted as a continuing agency of the County government.
B. 
Membership.
(1) 
The Committee shall consist of 17 members: four of whom shall be appointed by the Suffolk County Executive with the approval of the Suffolk County Legislature and shall serve at the pleasure of the Suffolk County Executive, 10 of whom shall be designated one from each town within the County and shall serve at the pleasure of the respective Town Boards, two members of the Suffolk County Legislature to be appointed by, and serve at the pleasure of, the Presiding Officer of the County Legislature, and one member of the Legislature to be appointed by the Minority Caucus. At least two and no more than three members of the Working Waterfront Committee, including those appointed by the County Executive and Towns, shall be a member of one or more of the following user groups: commercial fisheries business, baymen, aquaculture industry, and recreational fishing/boating industry. One of the four members appointed by the County Executive shall be the Commissioner of the Department of Economic Development and Planning, or designee, as the Chair.
(2) 
The Committee may invite any government officials, aquaculture, commercial fishing, and marina advocates and/or others with technical expertise to participate in its deliberations in a nonvoting capacity or otherwise assist it in discharging its functions under this chapter.
C. 
Financial disclosure. Each Committee member shall submit the financial disclosure statement that is annexed to this chapter as Exhibit A[1][1] unless a member is required to file a financial disclosure statement pursuant to § 77-10 of the Suffolk County Code. Committee members shall submit this disclosure statement to the Suffolk County Board of Ethics, or any successor body, by May 15 of each year.
[1]
Editor's Note: Said exhibit is on file in the County offices.
D. 
Eligibility.
(1) 
A Committee member shall be a resident of the County or an employee of a municipality in the County at the time of his/her appointment and throughout the duration of his/her term as a member of the Committee.
(2) 
A member of the Committee shall continue to satisfy the requirements of this section with respect to eligibility for appointment to the Committee throughout the duration of his/her term.
(3) 
In order to continue to serve as a member of the Committee, the member shall have attended at least 75% of the meetings held by the Committee on an annual basis. Absences from such meetings caused by death in the immediate family of the member (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 attendance calculation.
(4) 
If a vacancy occurs in any Town position for any reason, including but not limited to expiration of term, absence or resignation, and the Town does not certify a member within 90 days of notice from the County Executive, the County Executive shall fill the vacancy for the remainder of the term or four years if the term has expired. The County Executive appointee must reside in the Town where the vacancy exists.
E. 
Terms.
(1) 
No member shall serve more than three four-year terms, for a maximum of 12 consecutive years of service.
(2) 
Any appointments made to fill a terminated, expired or vacated position shall be made in accordance with the provisions of this chapter.
F. 
Authority. The Committee shall have and be entitled to exercise the following powers and duties:
(1) 
To recommend to the Suffolk County Legislature the acquisition of conservation easements on working waterfront properties;
(2) 
To inspect working waterfront properties with conservation easements and those properties that are the subject of a conservation easement application;
(3) 
To promulgate such rules and/or regulations as may be necessary to carry out the intent of this chapter and to govern the administration and functions of the Committee;
(4) 
To cooperate with, at the discretion of the Committee, any governmental agents and/or any experts to further the purposes of this chapter;
(5) 
To review permit and/or development applications submitted by landowners of working waterfront properties and make, thereafter, a determination, which shall include: (a) whether the proposed permit and/or development activity is consistent with and furthers the permitted working waterfront activity and (b) whether the Committee will approve or deny the permit and/or development proposal, together with any terms and conditions that should apply;
(6) 
At the first Committee meeting of the calendar year, in order to expedite the processing of applications, the Committee may introduce a list of minor and routine practices whose permitting review and determination shall be delegated to the Department upon the Committee's approval of the list of minor and routine practices. The Committee shall issue guidelines and standards as it deems necessary and proper for the review and determination of these minor and routine practices to Department staff. The list of these minor and routine practices, and their permitting standards, shall be introduced as resolutions and voted upon at the subsequent Committee meeting. If passed via resolution, the permitting review and determination for this practice shall be delegated to staff for two years. The Committee cannot delegate any additional permitting review responsibilities to the Department during these two years but can, if it deems it appropriate, reassume permitting review and determination. The Department may, if it deems it appropriate, refer any single application back to the Committee for approval. Any applicant denied by the Department may, upon written request, have the matter referred to the Committee;
(7) 
If any permit application implicates one or more of the following categories, in the sole discretion of the Chair, the Department and/or Committee shall not take any action with respect to such application unless and until the matter is referred to the County Legislature for evaluation and the County Legislature has made a determination on the matter via duly adopted resolution:
(a) 
Any application that seeks to alter the original intended use of the working waterfront; or
(b) 
Any application that has broader implications concerning the public health or public safety of the residents of Suffolk County, including but not limited to destruction or material damage to the property subject of the conservation easement; and
(8) 
To perform other duties at the request of the Suffolk County Legislature, the Suffolk County Executive and/or the Department.
G. 
Meetings.
(1) 
Schedule. The Committee shall hold an organizational meeting not later than the 15th day of February of each year. At such meeting, the Committee shall adopt a schedule of meetings for that year. The Committee may amend the adopted schedule as necessary.
(2) 
Open meetings. Committee meetings shall be open to the general public and shall have an opportunity for public comments.
(3) 
Quorum. A majority of the total membership of the Committee shall constitute a quorum thereof.
(4) 
Required vote for action. Resolutions of the Committee shall be adopted by a vote of not less than the majority of the total voting membership of the Committee.
A. 
Cease-and-desist order.
(1) 
Where a violation of this chapter, the contract of sale and/or conservation easement is suspected, the Department shall cause an investigation to be conducted. If the Department has reason to believe that a violation of this chapter, the contract of sale and/or the conservation easement has been committed or exists, the Department may issue a cease-and-desist order. The cease-and-desist order shall be served in person or by certified mail to the landowner at the address on file with the Department and, where applicable, the lessee. The cease-and-desist order may direct restoration of the property, removal of structures that are in violation of this chapter, the contract of sale and/or the deed of development rights and such other corrective actions and terms as the Department finds necessary to protect the County's interest in the working waterfront.
(2) 
A cease-and-desist order may be lifted by the Department upon a finding that the violation has been abated and/or when an application to bring the activity into compliance has been filed and a permit has been issued.
B. 
Violations. Where it is determined by a court that a violation of any of the provisions of this chapter has been committed or exists, the landowner, the lessee and any other person who takes part or assists in such violation shall each be deemed guilty of a violation of this chapter.
C. 
Temporary restraining order and/or injunction.
(1) 
The County may obtain a temporary restraining order and/or injunction to enforce the provisions of this chapter.
(2) 
Violation of a temporary restraining order and/or injunction may be punishable as contempt under state laws.
(3) 
Violation of a temporary restraining order and/or injunction shall constitute a separate violation of this chapter, punishable by penalties in addition to those imposed for the underlying violation for which the temporary restraining order and/or injunction was obtained.
D. 
Restoration.
(1) 
The court may compel the landowner and/or lessee to restore working waterfront land to a condition suitable where there has been an abandonment or a site disturbance has occurred in violation of this chapter.
(2) 
Where a violation has resulted in damage to the working waterfont resource the court may order restoration of the working waterfront to the greatest extent possible, regardless of cost.
E. 
Removal.
(1) 
The court may compel the landowner and/or the lessee to remove any and all unauthorized structures on working waterfront land.
(2) 
Where a violation has resulted in the erection, installation, location, relocation, modification or demolition of a structure on working waterfront land, the court may order the removal of said structure or remains thereof, regardless of cost.
F. 
Damages. Where a violation of the provisions of this chapter results in damage to the County's interest in the conservation easement and/or the underlying value of the land, the court may award damages to the County equal to the conservation easement purchase price plus compounded interest and an additional amount as would be necessary to purchase the conservation easement to a similar working waterfront property, as determined by the County.
G. 
Civil penalties.
(1) 
A violation shall be punishable by a civil penalty of up to $5,000 per day, with each day constituting a separate violation.
(2) 
Any violation which causes a substantial reduction in the viability of the working waterfront shall be punishable by a civil penalty not more than $10,000 per day, with each day constituting a separate violation. The viability of the working waterfront resource may be determined by any reasonable means, including, but not limited to, testimony from any person with demonstrated expertise.
H. 
Costs and disbursements. The court may award costs of investigating and enforcing this chapter.
I. 
Attorneys' fees. The court may award attorneys' fees.
J. 
No waiver. Failure to take an action to enforce the provisions of the contract of sale, the conservation easement, this chapter and/or any rules or regulations promulgated thereunder shall neither constitute a waiver nor constitute an agreement to allow the prohibited activity nor constitute permission to engage in the activity without first obtaining applicable permits.
K. 
Other remedies. The County reserves the right to pursue any and all legal and equitable remedies herein mentioned or otherwise available at law, including administrative, civil and criminal actions to enforce the provisions of this chapter and to satisfy the intent and spirit of the Working Waterfront Program.
L. 
Cost not a defense. Cost shall not be a defense to the imposition of remedies.
A. 
This chapter shall apply to all actions occurring on or after the effective date of this chapter.
B. 
This chapter shall not affect any interests or rights in real property which are not conservation easements and shall not affect the rights of owners to convey any interests in real property which they could now convey under existing law without reference to the terms of this chapter. Nothing in this chapter shall diminish the powers granted by any other law to acquire interests or rights in real property by purchase, gift, eminent domain or otherwise and to use the same for public purposes. Nothing in this chapter shall be construed to alter the authority otherwise available to any public body to acquire conservation easements for these purposes by eminent domain.