Town of Southold, NY Article I General Provisions

§ 275-1 Title.

This chapter shall be known and may be cited as the "Wetlands Law of the Town of Southold."

§ 275-2 Definitions; word usage.

A. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster’s Third International Dictionary of the English Language, unabridged (or latest edition).

[Amended 10-11-2005 by L.L. No. 17-2005; 12-18-2007 by L.L. No. 23-2007; 10-9-2012 by L.L. No. 12-2012]

ACCESSORY STRUCTURE

A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building.

ACCESS PATH

An area, cleared by hand or hand-held equipment, no more than four feet wide, left in its natural state and devoid of any man-made structure, to provide a walkway to a body of water.

ADMINISTRATIVE PERMIT

A permit intended to provide an expedited review for projects that are deemed consistent with the Trustee's policy regarding protection of wetland resources.

AESTHETICS

The natural intrinsic appearance of a site or object in the context of surrounding land use, views, viewsheds and vistas important to the community.

AGRICULTURE

The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.

APPLICANT

The party applying for permits or other approval pursuant to Chapter 275.

APPLICATION

The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant pursuant to Chapter 275.

AQUACULTURE

The raising or cultivation of living aquatic organisms.

AS-BUILT PLANS

Plans prepared to scale by a licensed surveyor detailing any and all operations conducted according to a valid permit.

BANK

Land incline adjoining a body of water, wetland and/or beach.

[Added 5-9-2017 by L.L. No. 8-2017]

BAY

A body of water within the boundaries of the Town of Southold, excluding the Long Island Sound, lakes, and those bodies of water defined under "creeks."

BEACH

The zone of unconsolidated earth that extends landward from the mean low-water line to the seaward toe of a dune or bluff, whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches.

BLUFF

Land presenting with a precipitous or steeply sloped face adjoining a beach or a body of water. For the purposes of this chapter, a precipitous or steeply sloped face shall be a face with a slope of 20% or greater and a height of greater than 20 feet between the toe of the bluff and the top of the bluff.

[Amended 5-9-2017 by L.L. No. 8-2017]

BLUFF LINE

The landward limit of a bluff that is 25 feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, 25 feet landward of the point of inflection on the top of the bluff. The point of inflection is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline.

BLUFF, TOE OF

The waterward limit of a bluff where the trend of the land slope changes to begin its ascent towards the top of the bluff. Where a hardened structure is in place, the toe of the bluff shall be the bottom of the seaward side of the structure.

[Added 5-9-2017 by L.L. No. 8-2017]

BLUFF, TOP OF

The receding edge of the bluff or, in those cases where there is no discernible line of active erosion, the point of inflection. The point of inflection is that point where the trend of the land slope changes to begin its descent to the shoreline.

[Added 5-9-2017 by L.L. No. 8-2017]

BOARD

Unless otherwise indicated, the Board of Trustees of the Town of Southold.

BOAT/VESSEL

Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water, as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks and swim platforms.

BUFFER AREA

A defined area landward of a wetland boundary, coastal erosion hazard line or bluff line measured as a linear distance, perpendicular to said boundary.

BULKHEAD

A structure or barrier, the intended use for which is to separate and act as a barrier between earthen material and water. This definition excludes gabions and revetments.

CATWALK

An elevated walkway, usually built to gain access to a commercial or residential dock, built at a fixed height above grade and which is constructed landward of the high-water mark.

CLEARING

Cutting down, felling, thinning, logging or removing, killing, destroying, poisoning, ringbarking, uprooting or burning vegetation, severing, topping or lopping branches, limbs, stems or trunks or substantially damaging or injuring in other ways that would cause or contribute to the death or affect the survivability and growth of vegetation. This definition also includes removal of dead and dying vegetation.

CLERK

Unless otherwise indicated, the Clerk of the Board of Trustees.

COASTAL CONSTRUCTION

The repair, modification, reconstruction or new construction of structures, including but not limited to bulkheads, docks, floats, jetties, groins, catwalks, stairways, decks, revetments, any erosion or water control device. Included in this definition is landscape design, landscape architecture, the installation or maintenance of lawns, hedges, trees and other plantings or structural elements such as patios, decks, retaining walls, in-ground irrigation systems, or other work in and around wetland areas which requires a permit pursuant to this chapter entitled "Wetlands and Shoreline" or Chapter 111, Coastal Erosion Hazard Areas, of the Town Code.

[Added 11-8-2017 by L.L. No. 16-2017]

COASTAL CONTRACTOR

A person who carries out, engages in, undertakes or holds himself out to others as performing or available to perform coastal construction.

[Added 11-8-2017 by L.L. No. 16-2017]

COASTAL EROSION HAZARD LINE

The landward boundary of the Coastal Erosion Hazard Area defined by Article 34 of the New York State Environmental Conservation Law.

COMMERCIAL AGRICULTURE

Agriculture (See above.) intended to earn an income.

COMMERCIAL DOCK

Any catwalk, fixed or floating dock or extension of such, designed, used and/or intended for use other than as a residential dock, as defined in this chapter.

CONSERVATION

Protection in natural or existing condition.

CONSTRUCTION AND DEMOLITION (C & D) DEBRIS

Includes, but is not limited to, waste cement, concrete, masonry work, brick, tile, sheetrock, plaster, wood shingles and the like and rubble resulting from remodeling, demolition, repair and building of structures.

CREEKS

Broadwaters Cove, Brushes Creek, Budd's Pond, Cedar Beach Creek, Corey Creek, Dam Pond, Deep Hole Creek, Down's Creek, East Creek, East Harbor, Goose Creek, Goldsmiths Inlet, Gull Pond, Hallock's Bay, Halls Creek, Hashamomuck Creek, Haywaters Cove, James Creek, Jockey Creek, Little Creek, Long Beach Bay, Mattituck Creek, Mattituck Inlet, Mud Creek, Paradise Point Creek, Pipes Neck Creek, Richmond Creek, Town Creek, West Creek, West Harbor, West Lake, Wickham Creek, Wunnewata Lagoon and Wunnewata Pond.

CRITICAL ENVIRONMENTAL AREAS

All sites which are critical environmental areas worthy of protection, including, but not limited to, Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmith's Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek.

DECK

A structure and/or platform without a roof that is either freestanding or attached to a building supported by pillars and/or posts constructed of various materials.

DECKING

Horizontal structural components of a dock, deck, pier or other shoreline structure intended to be walked upon.

DOCK

Any permanent or seasonal structure, except a building, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term "dock" includes the terms "wharves," "piers," "fixed docks," "docks," or "floats."

DOCK LENGTH

The length of a dock, including all fixed docks, ramps, floating docks and mooring piles, as measured from the most landward portion of the structure to the seaward-most portion of the dock or the seaward-most mooring pile, whichever distance is greater.

DUNE

A ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand.

EROSION CONTROL

Actions taken or structures installed to prevent the wearing away of the land or loss of soil by the action of water, ice or wind. Erosion control typically relates to stabilization of unvegetated soils resulting from excavation, grading, stockpiling, construction or other activities.

FIXED DOCK

An elevated walkway which is constructed at a fixed height above grade and which extends seaward from the high-water mark or a point landward.

FLOAT

See "boat/vessel."

FLOATING DOCK

Any structure, raft or floating platform, the intended use of which is to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point.

FUNCTIONAL

Any structure that has retained its intended purpose and use, as determined by the Board of Trustees.

FUNCTIONAL BULKHEAD

A bulkhead that is at least 75% physically intact and serving the purposes for which it was designed.

FUNCTIONAL JETTY/GROIN

A jetty or groin that is at least 75% physically intact and serving the purposes for which it was designed.

GABION

A shoreline structure consisting of stone and/or rock enclosed in a mesh cage or similar, designed to stabilize soil or sediments.

GROIN

A man-made barrier, typically perpendicular to the shoreline, used to change the natural littoral drift, prevent erosion, or protect an area from wave energy.

HABITAT

The place where a plant or animal species naturally lives and grows; or characteristics of the soil, water, and biologic community (other plants and animals) that make this possible.

HABITAT FRAGMENTATION

Destruction or impairment of habitat such that it results in breaks in areas of contiguous habitat. Habitat fragmentation can also cause a greater distance between adjacent (noncontiguous) habitats. These actions prevent the transfer of organisms, natural materials and energy within a habitat. Habitat fragmentation can result from the placement of physical barriers within a contiguous habitat or between adjacent habitats, but can also occur as a result of removal of vegetative cover, changes in sediment characteristics and/or changes in hydrology.

HARVESTING

The gathering or collecting of natural resources and organisms.

HOMEOWNERS' OR HOMES ASSOCIATION

A community association, including a condominium association, which is organized in a residential development in which individual owners have a shared interest in the responsibility for open space or facilities.

HORTICULTURE

The raising of plants. (See "agriculture.")

IMMEDIATE PROJECT AREA

The minimum area required to allow access to the site by the machinery conducting the operation.

IMPERVIOUS SURFACE

Any hard-surfaced, man-made area that does not retain or absorb water, including but not limited to building roofs, paved parking lots and driveways, sidewalks and other paved areas.

JETTY

A man-made barrier used to maintain beach elevation, prevent erosion, and maintain inlet entrances.

LANDWARD

In the opposite direction from the water or wetland.

LOW-PROFILE JETTY

The definition of "low-profile jetty" is site specific, but it typically is a structure no higher than 18 inches above existing soil or sediment grade on the down-drift side and shall not extend seaward of apparent low water.

LOW-SILL BULKHEAD

A subtidal structure designed to stabilize the toe of a slope or shore and often associated with boat basins or other navigable waterways.

MAINTENANCE DREDGING

A dredging project will be considered maintenance dredging if there is documentary evidence that it has been previously dredged.

MAN-MADE POND

A constructed inland body of water, including, but not limited to, lined and unlined irrigation ponds and ornamental ponds.

MARINA

Any dock, pier or other facility operated for profit, or to which public patronage is invited, providing moorings, dockage or other marine services primarily for power and sailing yachts, launches or other watercraft, other than floating homes, and which may also be capable of removing any and all watercraft moored or docked within the marina from the water for repair and/or storage.

MATERIAL

Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic.

MEAN HIGH WATER (MHW)

The average of all the high-water heights observed over the most previous eighteen-and-one-half-year period.

MEAN LOW WATER (MLW)

The average of all the low-water heights observed over the most previous eighteen-and-one-half-year period.

MONOPOLIZE

The use for an unreasonable period of time to the exclusion of others or to unreasonably restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled by the Town of Southold.

MOORING

Anchoring for greater than 48 hours other than in designated anchorage areas as established by a governmental agency.

NONDISTURBANCE BUFFER

A vegetated area, as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities may take place, except that man-made debris may be removed from such area by hand without the permission of the Board of Trustees.

NONFERTILIZER

Not to include the use of fertilizers of any type.

NONTURF BUFFER

A designated area where turf grass, pesticides and fertilizers are not permitted. Any pervious material allowing for percolation of surface runoff into the soil is allowed. Examples include native vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to percolate into the ground directly below the structure.

OPERATIONS

(1) The machine excavation and/or removal of material from wetlands; any activity in freshwater or tidal wetlands or in any area within Trustee jurisdiction.

(2) The placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, and duck blinds;

(3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or in any area within Trustee jurisdiction; or

(4) The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin, or any system or other structure, temporary or permanent, on wetlands, or in any area within Trustee jurisdiction; or

(5) Removing or otherwise affecting the growth of plants in wetlands or in any area within Trustee jurisdiction.

ORDINARY AND USUAL MAINTENANCE

Actions on a wetlands-permitted, functional structure which do not involve more than 75% of the entire structure and which are required to preserve such structure in a condition or state of equivalent quality to that which was approved or required by permit.

ORIGINAL STRUCTURE

The earliest known, permitted or otherwise documented structure.

PATENT LANDS

All uplands and underwater lands owned in fee title by the Trustees by virtue of the Andros Patent (October 31, 1676).

PEAK LUNAR TIDES

Those excessively high tides or spring tides caused by lunar gravitational phenomena.

PERSON

Any individual, any combination of individuals, firm, partnership, association, society, corporation, joint-stock company, company, organization or other legal entity of any kind, including municipal corporations or governmental agencies or subdivisions thereof.

PIER

A fixed structure to secure vessels unloading or loading persons or property or providing access to the water.

PIER LINE

The seaward projection created by drawing an imaginary line between the immediately adjacent existing permitted principal structures, docks, piers, wharves or floats.

[Amended 3-28-2023 by L.L. No. 5-2023]

PLATFORM

See "deck."

POND

An inland body of water.

PREEXISTING NONPERMITTED AND/OR NONCONFORMING STRUCTURES

A structure, use or lot that is not otherwise permitted but which is allowed to continue solely because it was lawfully existing prior to the effective date of the original law or ordinance or prior to any subsequent amendment, as the case may be. Any determination of lawful existence must at least include a review of prior land use laws and ordinances.

PROACTIVE RESTORATION

Restoration undertaken solely for the benefit of the natural environment and not associated with compensatory mitigation or other regulatory requirements. Proactive restoration typically includes planting of beneficial native vegetation (i.e., vegetative enhancement) in a natural setting at a time, place and in a position that are conducive to future survival and growth.

RESIDENTIAL

Associated with a single- or multiple-family home, apartment or condominium, excluding marinas and public property.

RESIDENTIAL DOCK

Any fixed dock and/or floating dock designed or constructed as a continuous unit to provide access to the surface waters from a lot that is zoned for residential use. The term "dock" shall include all associated structures such as ramps and mooring piles.

RESIDENTIAL HORTICULTURE

The raising of plants for ornamental purposes on residential lots.

RESOURCE BUFFER AREA

A buffer area with specific quantifiable natural resource value.

RETAINING WALL

A bulkhead landward of the wetland boundary.

REVETMENT

A shoreline hardening structure landward of the wetland boundary typically constructed of rock or stone. See "gabion."

RIPRAP

A layer, facing or protective mound of rubble or stones randomly placed to prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose.

SEASONAL STRUCTURE

A structure that may not be installed prior to April 1 of each calendar year and must be removed by December 1 of each calendar year.

SETBACK

The minimum distance by which any building, structure or operations must be separated from a wetland boundary, coastal erosion hazard line or bluff line.

SHEATHING

Vertical structural components of a bulkhead or retaining wall necessary to keep soil and sediment from passing through the structure.

SHORELINE STRUCTURE

Any intentionally constructed structure on the shore composed of man-made or natural materials. See "structure."

SILT BOOM

A structure deployed within the water column that is designed to prevent the passage or spreading of suspended sediments and contaminants from the immediate project area to surrounding waters.

SOUND

Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound.

SPAWNER SANCTUARY

An area of bottom designated by the Trustees for the purpose of protecting and enhancing shellfish populations for a specific period of time.

SPLIT-RAIL FENCE

A linear fence structure composed of posts and rails.

STRUCTURAL COMPONENTS

Pilings, deadmen, rails, whalers and other significant components used to hold together and anchor docks, piers, wharves, jetties, groins and other shoreline structures.

STRUCTURE

Any object constructed, installed or placed in, on or under land or water, including but not limited to a building; permanent shed; deck; in-ground and aboveground pool; garage; mobile home; road; public service distribution, transmission or collection system; tank; dock; pier; wharf; groin; jetty; seawall; bulkhead; breakwater; revetment; artificial beach nourishment; boat rack; trellis; arbor; gazebo; walkway; statue; sculpture; stairs; or any addition to or alteration of the same.

SUBTIDAL

Existing at or below mean low water.

SWIM PLATFORM

Any structure, raft or floating platform that is not intended to be used to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors or any other type of mooring system, that provides access to the water. A swim platform includes the platform itself and any pilings or mooring system designed to keep the platform at a fixed point.

TIDAL WATERS

All waters bordering on or within the boundaries of the Town of Southold subject to fluctuation in depth from peak lunar, storm or normal tidal action, and including, but not limited to, all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets.

TOWN

The Town of Southold.

TOWN WATERS

All the waters within the boundaries of the Town of Southold lying over patent lands.

TROPICAL HARDWOOD

Any of a number of species of hardwood harvested from areas situated in the tropics (the region on either side of the equator).

TRUSTEES

The Board of Trustees of the Town of Southold.

VEGETATED WETLANDS

Any and all wetland types supporting or capable of supporting emergent, submerged or floating-leaved vegetation as described in § 275-2, "wetlands (freshwater)" and "wetlands (tidal)."

WALER

Structural member of a bulkhead used to hold the sheathing behind the pilings. Normally there are top and bottom walers.

WATER-DEPENDENT USES

An activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. The uses include, but are not limited to commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat-building facilities, navigation aides, basins and channels, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters.

WETLAND BOUNDARY OR BOUNDARIES OF WETLAND

Wetland ecosystems generally possess three essential characteristics: (1) hydrophytic vegetation, (2) hydric soils, and wetland hydrology. The wetland indicator status of all plants can be found in the National List of Plants that Occur in Wetlands (USFWS). The wetland boundary is most easily determined by defining the outer limit of the vegetation specified in the definition of "freshwater, brackish or tidal wetlands." The wetland boundary is to be defined and flagged at the point where existing wetland indicator species no longer have a competitive advantage over upland species. Wetland and upland plants will mix together at this transition zone. For freshwater wetlands that frequently lack standing water (shrub swamps, deciduous swamps, coniferous swamps and wet meadows), vegetation alone may not be adequately diagnostic for identification of a wetland boundary. In these wetland types, field verification of wetland hydrology and/or hydric soils might be required to define the boundary. The methodology used to determine this boundary shall be the same methodology utilized in the New York State Department of Environmental Conservation (NYSDEC) Technical Methods Statement relating to the Freshwater Wetlands Act.

WETLANDS (FRESHWATER)

(1) "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; or

(2) All lands and waters in the Town which contain any or all of the following:

(a) Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs" and "flats" supporting aquatic or semiaquatic vegetation of the following types:

[1] Wetland trees which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other trees, including, among others, red maple (Acer rubrum), willows (Salix spp.), black spruce (Picea mariana); swamp white oak (Quercus bicolor), red ash (Fraxinum pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus americana) and larch (Larix laricina);

[2] Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other shrubs, including, among others, alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), common winterberry (flex verticillata) leatherleaf (Chamaedaphne calyculata), and swamp azalea (Rhododendron viscosum);

[3] Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), common reed (Phragmites australis), wild rice (Zizania aquatica), bur-reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alisma plantago-aquatica);

[4] Rooted, floating-leaved vegetation, including, among others, water-lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.);

[5] Free-floating vegetation, including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.);

[6] Wet-meadow vegetation which depends upon seasonal or permanent flooding or sufficiently waterlogged soils to give it a competitive advantage over other open land vegetation, including, among others, sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus) and spikerush (Eleocharis spp.);

[7] Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenis purpurea) and cranberries (Vaccinium macrocarpon and V. oxycoccos); or

[8] Submergent vegetation, including, among others, pondweeds (Potamogeton spp.), naiads (Najas spp.), bladderworts (Utricularia spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum spp.), muskgrass (Chart: spp.), stonewort (Nitella spp.), water weeds (Elodea spp.) and water smartweed (Polygonum amphibium).

(b) Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such conditions can be expected to persist indefinitely, barring human intervention.

(c) Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection (2)(a) or be dead vegetation as set forth in Subsection (2)(b), the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.

(d) The waters overlying the areas set forth in Subsection (2)(a) and (b) and the lands underlying Subsection (2)(c).

WETLANDS (TIDAL)

(1) All lands generally covered or intermittently covered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low-lying lands subject to tidal action;

(2) All banks, bogs, meadows, flats, tidal marsh and beaches subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina alterniflora), salt hay grass (Spartina patens), blackgrass (Juncus gerardii), saltwort (Salicornia spp.), sea lavender (Limonium spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimifolia), or marshmallow (Hibiscus spp.).

WHARF

See "pier."

WIDTH OF CREEK

The distance across a creek from mean low water to mean low water, perpendicular to the main channel directly in front of the subject parcel.

B. When not inconsistent with the context, words 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 directory.

§ 275-3 Findings; purpose; jurisdiction; setbacks.

A. Findings. The Town Board of the Town of Southold finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or eliminating many of its wetlands and patent lands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold. In addition, there has been a significant increase in the applications for and the numbers of fixed and floating piers and docks accessory to upland residential and other uses. Most of these structures and the uses they support are on and in publicly owned land and waters and always have some effect on physical, biological, ecosystem functions and values, development patterns and the aesthetic character of the area. Therefore it is essential to regulate the type and placement of such structures.

B. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access; and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. The provisions of this chapter are not intended to supersede the requirements of Chapter 236 of the Town Code.

[Amended 10-9-2012 by L.L. No. 12-2012]

C. Jurisdiction. The following areas are subject to protection under Chapter 275 of the Code of Southold.

[Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No. 12-2012; 12-15-2015 by L.L. No. 9-2015]

(1) Any freshwater wetland, tidal wetland, beach, bank, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool;

[Amended 5-9-2017 by L.L. No. 8-2017]

(2) Any creek, estuary, stream, pond, canal, or lake;

(3) Land under water;

(4) Land subject to tidal action;

(5) Land within 100 feet of the areas listed above;

(6) All Town waters.

D. Setbacks.

[Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No. 12-2012; 12-15-2015 by L.L. No. 9-2015; 3-28-2023 by L.L. No. 5-2023]

(1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees:

(a) Wetland boundary or bank.

[1] Residence: 100 feet.

[2] Driveway: 50 feet.

[3] Sanitary leaching pool (cesspool): 100 feet.

[4] Septic tank: 75 feet.

[5] Swimming pool and related structures: 50 feet.

[6] Landscaping or gardening: 50 feet.

[7] Placement of C & D material: 100 feet.

(b) Top of bluff.

[1] Residence: 100 feet.

[2] Driveway: 100 feet.

[3] Sanitary leaching pool (cesspool): 100 feet.

[4] Swimming pool and related structures: 100 feet.

(2) The Board of Trustees reserves the right to waive or alter these setbacks where site-specific and/or environmental conditions justify such action.

§ 275-3.1 Licensing of coastal contractors.

[Added 11-8-2017 by L.L. No. 16-2017]

A. Commencing January 1, 2018, it shall be unlawful for any person to engage in coastal construction in the Town of Southold without first obtaining a license from the Southold Town Board of Trustees' office in accordance with the provisions of this chapter. Such license or a copy thereof shall be available at all of the contractor's work sites and shall be produced to any official having jurisdiction upon demand. Licenses for coastal contractors are nontransferable.

[Amended 2-13-2018 by L.L. No. 2-2018]

B. Exceptions. No license shall be required for the following:

(1) An individual who engages in coastal construction on his or her own residential property. This exception shall not apply to corporations, limited liability companies or other unincorporated business entities.

(2) An individual who performs labor or services for a licensed coastal contractor for wages or salary.

(3) An architect, professional engineer, land surveyor or any other person who is required by state or Town law to attain standards of competency or experience as a prerequisite to engaging in such craft or profession and who is acting exclusively within the scope of the craft or profession for which he is currently licensed.

(4) Any municipality or government agency.

C. Fees. The fee for a coastal contractor's license shall be set by the Town Board, and shall be paid upon the filing of each application. A license issued hereunder shall be for a period of one year from the date of issuance thereof.

D. Insurance required. A coastal contractor shall have a certificate of insurance and workers' compensation insurance covering liability upon applying for a coastal contractor's license and shall maintain such policy during the period the license is in effect. In addition to the above, coastal contractors must provide proof of an issued Suffolk County contractor's license where applicable. Failure to maintain said coverage will provide grounds for revocation of the license pursuant to § 275-3.1E.

E. Acknowledgement of Town law compliance. All applicants for a coastal contractor's license shall be required to read, review and provide an acknowledgement that they are on affirmative notice of Chapters 111 and 275 of the Town Code and agree to abide by the requirements set forth therein. They must further acknowledge that failure to do so may result in the revocation of the coastal contractor's license.

F. Revocation of license.

(1) Licenses issued under the provisions of this chapter may be revoked by resolution of the Board of Trustees upon notice and hearing before the Board of Trustees.

(2) Licenses may be revoked for failure of contractors to abide by the terms and conditions of trustee permits and/or violations of Chapter 275 of the Town Code.

(3) Notice of the hearing before the Board of Trustees for revocation of a license shall be given in writing, setting forth the grounds of the complaint and the time and place of hearing.

(4) Grounds for a hearing shall be a conviction for a violation of § 275-5 or 275-11 of the Town Code.

(5) Such notice shall be sent by certified mailing to the address provided in the application for the license on file in the Town Trustees' office or, in the alternative, to the license holder's last known address. Such notice must be mailed at least five days prior to the date of the hearing.

[Amended 2-13-2018 by L.L. No. 2-2018]

(6) At the conclusion of said hearing, the Board of Trustees may, at its discretion, suspend or revoke the license or take no action.

(7) In the event of two or more suspensions the Trustees may move to permanently bar the holder from license eligibility.

(8) In addition to the revocation hearing, a violation of the provisions of this chapter may be separately maintained in the Town Justice Court in accordance with § 275-16.

§ 275-4 Exceptions.

A. Permit exceptions; nondisturbance buffers.

[Amended 10-11-2005 by L.L. No. 17-2005; 12-18-2007 by L.L. No. 23-2007; 3-23-2010 by L.L. No. 1-2010; 10-9-2012 by L.L. No. 12-2012; 1-29-2013 by L.L. No. 1-2013]

(1) The provisions of this chapter shall not require a permit for the following:

(a) The ordinary and usual operations incidental to the harvesting of fish and shellfish.

(b) The ordinary and usual operations relative to conservation of soil, vegetation, fish and wildlife landward of the wetland boundary.

(c) The ordinary and usual operations relative to bona fide preexisting commercial agriculture and horticultural operations landward of the wetland boundary.

(d) The ordinary and usual operations relative to residential horticulture within Trustee jurisdiction provided they are limited to the use of noninvasive native species of vegetation. This exception does not include activity on a bluff. Re-grading and removal of trees are not considered such ordinary and usual operations.

(e) The ordinary and usual maintenance or repair on a wetlands-permitted structure (of the same dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or structure.

(f) Environmental testing activities, including test borings, small volume soil sampling, environmental assessment and inventory activities, provided such operations do not have an undue adverse impact on the wetlands and tidal waters of the Town.

(g) The ordinary and usual maintenance or repair of a man-made pond as defined in § 275-2. This exception does not apply to filling of unlined man-made ponds.

(h) Proactive restoration or enhancement projects conducted in cooperation with the Trustees, including, but not limited to, salt marsh restoration, eelgrass plantings or other vegetative enhancement work.

(i) The demolition, removal, repair and/or upgrading of existing residential fuel tanks, fuel lines and fuel dispensers, and the installation or burial of a residential propane tank, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town.

(j) Installation of new or replacement windows, roof shingles, solar panels, siding or doors on existing upland structures.

[Amended 3-28-2023 by L.L. No. 5-2023]

(k) The relocation of an existing septic system from within Trustee jurisdiction to outside of Trustee jurisdiction.

(l) Flagpoles specifically used for that purpose, with a base not greater than four feet by four feet.

(m) Operations landward of a public road whereby the public road is located between the water body that is the source of Trustee jurisdiction and the operations.

(2) Notwithstanding the above-listed exceptions, operations within a designated nondisturbance buffer are prohibited.

B. Nothing contained in this section shall alter the jurisdiction of the Southold Town Board of Trustees. These listed exceptions do not provide an exemption from the requirements of other departments or agencies.

[Amended 12-18-2007 by L.L. No. 23-2007]