A. 
Permit required. Notwithstanding any prior course of conduct or permission granted, no person shall conduct operations on any area within Trustee jurisdiction (§ 275-3C) without first obtaining a written permit therefor issued by the Trustees as hereinafter provided and only while such permit remains in effect.
B. 
Administrative permit.
[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) 
The administrative permit review process is intended to provide for expedited review of projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by § 275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant of providing all the application requirements (§ 275-6) or obtaining permits from other jurisdictions, including, but not limited to, the New York State Department of Environmental Conservation and the United States Army Corps of Engineers.
(2) 
The following operations will be considered for administrative review, in accordance with the standards set forth in § 275-11:
(a) 
Construction, installation or removal of a split rail fence, open arbor, trellis or other similar structure, provided that such operation will not have an undue adverse impact on the wetlands and tidal waters of the Town. Concrete footings are not permitted within wetlands.
(b) 
Removal of any material or structure, provided that a project limiting fence and a silt fence with hay bales is installed to contain disturbance if deemed necessary and provided that such operations will not have an undue adverse impact on the wetlands and tidal waters of the Town.
(c) 
Construction of additions to the landward side of an existing functional single-family dwelling, where such dwelling generally lies parallel to the wetland boundary and provided that all new and existing runoff is captured on site. Such addition must be less than or equal to 25% of the area (footprint) of the existing structure.
(d) 
Remodeling or renovation of a wetlands-permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town.
(e) 
Construction of accessory structures for existing single-family dwellings, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town and the setback is no less than 50 feet.
(f) 
Construction or improvement of pervious residential driveways or walkways, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town.
(g) 
Construction or installation of drainage structures for the retention of runoff, provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town.
(h) 
Cutting of common reed (Phragmites australis) to within 12 inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level.
(i) 
The construction of a permitted bulkhead, as per § 275-11, which is to replace an existing functional bulkhead, subject to the following:
[1] 
That the new bulkhead is constructed substantially similar to the design and measurement of the existing bulkhead; and
[2] 
The new bulkhead is in the same location as the existing bulkhead.
[3] 
Any such operations shall require the addition of a nonturf pervious buffer area.
(j) 
Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review.
(k) 
Minor restoration or alterations of landscaping.
(l) 
Decks.
(m) 
Minor alterations to existing wetlands-permitted shoreline structures, including stairs, bulkheads and docks.
(n) 
Dredging work necessitated by the accumulation of silt from runoff or other circumstances not the result of activity by or on behalf of the owner of the property.
(o) 
An application for proposed aquaculture activity that includes surface-mounting gear in an area greater than five square yards.
(p) 
Deer fences, if located a minimum of 25 feet landward of the wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a nondisturbance area.
(3) 
Any such activities may require the addition of a nonturf buffer area as defined in § 275-2.
C. 
Emergency permits. The Trustees may issue a temporary emergency permit where specific exigent circumstances exist that may result in personal or property loss or damage. Upon expiration of temporary permit or before the date of expiration, the applicant must apply for a permit as set forth in §§ 275-5, 275-6 and 275-7.
[Added 3-23-2010 by L.L. No. 1-2010]
[Amended 10-11-2005 by L.L. No. 17-2005; 2-14-2012 by L.L. No. 3-2012; 10-9-2012 by L.L. No. 12-2012]
A. 
Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the office of the Trustees. Such application shall contain the following information:
(1) 
The name and address of the applicant and the source of the applicant's right to perform such operations (e.g., whether applicant is the owner, lessee, licensee, contractor, etc.). In all cases where the applicant is not the owner of the premises where such operations are proposed to be conducted, the notarized consent of the owner, duly acknowledged, must be attached to said application.
(2) 
At the discretion of the Trustees, a schedule for the proposed activities with a completion date.
(3) 
The purpose of the proposed operations.
(4) 
The amount of material proposed to be removed or deposited, and/or the type, size and location of any proposed structure.
(5) 
A description of the area from which the removal or in which the deposit of material is proposed, or in which structures are to be erected. The description shall be appropriately referenced to a permanent reference point or monument.
(6) 
The depth to which the removal or the deposit of material is proposed throughout the area of operations, and the proposed angle of repose of all slopes.
(7) 
The manner in which the material will be removed or deposited, or structures erected.
(8) 
Such application shall be accompanied by a survey and topographical map, created no more than five years prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum.
(9) 
A statement of the effect, if any, on the wetlands and tidal waters of the Town that may result by reason of such proposed operations.
(10) 
A statement describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency.
(11) 
Documentary proof of permits that have been applied for, are pending, and have been granted, including but not limited to NYSDEC, Suffolk County Health Department, USACOE.
(12) 
A description of how the proposed activities will be mitigated, including erosion control, replanting and restoration, designated points of access. All proposed operations will be clearly defined on a survey and described in a project narrative. The Trustees reserve the right to require specific replanting and restoration methods. Any replanting and restoration guidelines shall be in keeping with guidelines set by the Town of Southold.
(13) 
Current photos of the subject area showing the proposed area of operations from at least two opposite directions. Each photo should be labeled with the date, time and direction. The location of the photos shall be noted on the survey, project plan or provided on a separate sketch map.
(14) 
Drainage upgrade. In addition to the requirements of Chapter 236, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include, but is not limited to, infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board, said plans may require certification from a licensed engineer.
(15) 
All permit applicants shall submit to the Board of Trustees an affidavit signed by the owner of the project property which indemnifies and saves harmless the Town of Southold from any claims arising out of or connected with operations under the permit and from all acts, omissions, commissions or negligence on the part of the applicant, his agents or employees, in such form as shall be approved by the Town Attorney.
(16) 
An ethical disclosure statement as provided by the Town of Southold relating to applications for permits and other governmental requests.
(17) 
A statement indicating that submission of false information will result in rejection of the application and may subject the applicant to criminal sanctions.
(18) 
A completed Local Waterfront Revitalization Program Consistency Assessment Form.
(19) 
A stormwater management control plan consistent with the requirements of Chapter 236, Stormwater Management, of this Code, if required. The Stormwater Management Control Plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management.
B. 
Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 275-6A(8), (11) or (14), or § 275-11A(2), where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. Notwithstanding the foregoing, a waiver of the requirements of § 275-6A(14) shall not relieve the applicant of the obligations to comply with the requirements of Chapter 236.
[Amended 3-28-2023 by L.L. No. 5-2023]
The fees for all applications, including administrative, nonadministrative, docks, floats, and dredging; the fees for all site inspections including pre-application site inspections; the cost incurred by the Town for SEQRA review; consultant fees including expert opinion as required by the Board of Trustees, shall be established, and changed as needed, by resolution of the Southold Town Board. A copy of the fee schedule will be kept on file in the office of the Town Clerk and the office of the Board of Trustees. Trustee fees are nonrefundable.
[Amended 10-11-2005 by L.L. No. 17-2005; 3-23-2010 by L.L. No. 1-2010; 10-9-2012 by L.L. No. 12-2012; 11-5-2025 by L.L. No. 9-2025]
A. 
Presubmission conference. Applicants are encouraged to schedule a voluntary presubmission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and nonbinding, but this meeting is intended to facilitate communication between the applicant and the Board. There will be a fee of $50 for this conference, which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves structures that were the subject of the site visit.
B. 
Investigation and coordination. Upon receipt of the application, the office of the Trustees shall maintain the original in the file and forward one copy thereof to each of the following as necessary: the Conservation Advisory Council, the LWRP Coordinator, the Stormwater Management Officer, the Planning Department, and the Zoning Board.
C. 
All paperwork relative to an application shall be submitted at least seven days before the scheduled hearing. The submittal of additional paperwork after this time may result in delays in processing of the application.
D. 
Hearing. The Trustees shall hold a public hearing on such application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings, of the Town Code.
E. 
Action. After the public hearing on such applications, the Trustees shall either adopt a resolution directing the issuance of a permit or adopt a resolution denying the application. A resolution directing the issuance of a permit may be adopted only if the Trustees find that the proposed operations will conform to the standards set forth in § 275-11 hereof. If the Trustees adopt a resolution denying an application for a permit, the reasons for such denial shall be set forth in the resolution.
F. 
Modifications and amendments. Any and all modifications and amendments of existing permits shall be reviewed by the Trustees in accordance with the standards set forth in this chapter, and may be subject to public hearing.
G. 
Tabled applications. If an applicant tables an application for any reason, it will be considered withdrawn if it does not go to public hearing within four months of the time it was tabled. After such time the applicant will have to reapply for a permit.
H. 
Administrative permits. An administrative permit includes operations that are deemed to have no adverse environmental impact, and a public hearing and notice are not required prior to issuance of a permit.
The Trustees may, upon the adoption of a resolution directing the issuance of a permit:
A. 
Impose such conditions on the manner and extent of the proposed operations as they deem appropriate, consistent with the purpose of this chapter.
B. 
Fix the time by which operations must be commenced and within which they must be completed.
C. 
Require the payment of inspection fees.
D. 
Under certain circumstances the Board may require the submittal of as-built plans, upon completion of operations, stamped by a licensed surveyor and/or engineer.
E. 
Performance guarantee. The Trustees may require a performance guarantee to ensure the proposed operations are conducted in compliance with a permit. If the work is not conducted as described in the permit or such work is causing harm to the protected resource, notice will be given in writing. The Board may require, as a permit condition, that performance and observance of other conditions be secured by one or both of the following methods:
(1) 
Bond;
(2) 
Deposit of money;
(3) 
Negotiable securities; or
(4) 
Other undertaking of financial responsibility.
F. 
Liability insurance. The applicant for a permit shall, before the issuance of said permit by the Clerk, file with the Clerk a certificate that the contractor chosen to perform the work under the permit has liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit, which said policies shall name the Town as an additional insured.
[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; 3-28-2023 by L.L. No. 5-2023]
Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid for a period of three years from the date of approval. Said permit may be renewed for two consecutive one-year periods at the discretion and review of the Board. Each permit shall state the following:
A. 
The name of the permittee.
B. 
The date of issuance and expiration of the permit.
C. 
The conditions imposed by the Trustees on the issuance of the permit.
D. 
The specific location of the areas to be affected by the operations of the permittee.
E. 
A statement that "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition.
F. 
A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, and his/her agents and employees." Acceptance of the permit is acceptance of this condition.
G. 
A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§ 275-9E)."
H. 
A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations."
I. 
A statement that "The permittee is required to notify the Trustees, in writing, upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 275-13)."
J. 
A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit."
K. 
A statement that "The permittee is required to conspicuously post the permit and have the supporting Trustees' stamped plans available for immediate inspection at the work site at the commencement of work until which time the project is completed."
[Amended 10-11-2005 by L.L. No. 17-2005; 12-18-2007 by L.L. No. 23-2007; 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; 3-28-2023 by L.L. No. 5-2023; 7-30-2024 by L.L. No. 15-2024; 11-5-2025 by L.L. No. 9-2025]
A. 
General. The following standards are required for all operations within the jurisdiction of the Trustees:
(1) 
Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept on site through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees and must, in any event, comply with the requirements of Chapter 236. See also § 275-6A(14) for requirements.
(2) 
Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area.
(3) 
New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward projection of homes in the general vicinity and on either side of the subject lot.
(4) 
Fences.
(a) 
Trustees reserve the right to permit erection of a split-rail fence where the applicant has shown that there is a need to protect his/her private property.
(b) 
Temporary or seasonal snow fences, at the Trustees’ discretion, may be permitted upon a showing of need for erosion control.
(c) 
Fences on a beach shall be perpendicular to the waterline and not closer than 20 feet to the apparent high-water mark.
(d) 
Only one posted sign per 100 linear feet of fence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Any fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located, sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code Enforcement, or a Harbormaster may remove or cause the removal of the illegal structure.
(e) 
If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement, or a Harbormaster to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold.
(f) 
Fences shall not be permitted within 20 feet of any wetland boundary.
(5) 
Swimming pools. Applications for new pools must include a description of how all pool drainage will be retained onsite using dedicated drywells or similar structures. All future pool drainage shall be discharged to this dedicated system.
(6) 
Platforms.
(a) 
Platforms associated with stairs may not be larger than 100 square feet.
(b) 
Platforms may not exceed 200 square feet and must be landward of the top of bluff.
(7) 
Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of nondisturbance buffers.
(8) 
No structures on beaches, bluffs or dunes unless approved by the Board at its discretion based on its site inspection.
(9) 
Pumping of Town-owned freshwater wetlands for irrigation purposes shall be prohibited.
(10) 
Access paths. A permit for only one path shall be granted per lot for the purposes of shoreline access unless otherwise determined by the Board of Trustees.
B. 
Shoreline structures. The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use.
(1) 
Bulkheads, retaining walls, revetments and gabions.
(a) 
Only in-place replacement of existing functional bulkheads (as defined in § 275-2) is permitted. In-kind replacement relates to the position and dimensions and does not necessarily require or allow for the use of the same materials. At its discretion, the Board may allow for a one-time projection of the replacement structure seaward of the original, only if such placement will not project the proposed structure seaward of adjacent, neighboring structures and if the proposed installation is in close proximity to the original structure. Any subsequent repair or replacement following the first replacement requires the structure to be built on or landward of the original structure,
(b) 
Bulkheads on a sound shall only be permitted when the likelihood of extreme erosion is demonstrated and it shall not increase erosion on neighboring properties.
(c) 
Bulkheads on a sound may be armored with stone.
(d) 
All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined in § 275-2.
(e) 
Retaining walls are not permitted unless excessive erosion can be demonstrated.
(f) 
In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pretreated with any preservative, including, but not limited to, chromated copper arsenate (also known as "CCA"), penta products, alkaline copper quaternary (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands, as well as on any part of a structure in low-tidal-flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including, but not limited to, those listed above, cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas.
(g) 
The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or a similar organization.
(h) 
New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead.
(i) 
No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees.
(j) 
Individual residential stairs are prohibited on bluffs in the coastal erosion hazard area if the property is part of an association that maintains a common stairway within a reasonable distance.
(k) 
Lighting. Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use.
(l) 
Backfilling. Only clean sand can be used for backfilling in eroded and excavated areas, as well as behind new and repaired bulkheads. Garbage, asphalt, and construction and demolition materials are strictly forbidden for use as backfill behind bulkheads.
C. 
In water. The following standards are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use.
(1) 
Jetties and groins; general rules.
(a) 
Only low-profile jetties as defined in § 275-11 will be permitted.
(b) 
Only in-place replacement of existing low-profile functional jetties and groins (as defined in § 275-2) is permitted.
(c) 
Pre-backfilling of jetties and groins may be required.
(d) 
In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of any type, including but not limited to those listed above, cannot be applied to any jetty or groin after installation.
(e) 
The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization.
(f) 
No new jetties or groins will be permitted unless the work results in a net decrease in the total number of jetties in the subject area.
(g) 
All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, on the landward end of the jetty or groin, as necessary, not less than four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage.
(2) 
Docks.
(a) 
Standards for residential and commercial docks; general rules. It shall be the policy of the Town of Southold that all docks shall be designed, constructed and located so as to reduce a dock's potential adverse impacts to navigation, public safety, waterway congestion, access to public trust lands and water, and natural resources and habitats. The following standards will serve as a basis for granting, denying, or limiting permits for the construction of docks.
[1] 
No dock shall be constructed, altered or removed without a permit issued by the Southold Town Trustees. In determining whether to approve such application, the Trustees shall consider the factors contained in § 275-11C(2)(d) below and all other provisions of this chapter.
[2] 
All docks shall be constructed of sturdy, durable and stable materials capable of maintaining position and location, supporting pedestrian traffic, and resisting lateral loads resulting from wind, wave, and impact forces. Docks shall be constructed, where possible, to permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modification of the shoreline. Applicants shall certify as to the structural integrity of the dock so as not to cause a threat to the person or property of others.
[3] 
In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), commercial copper quat (CCQ), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. The use of creosote is prohibited. The use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be at the discretion of the Trustees.
[4] 
All docks and gangways onto such docks shall provide a safe pedestrian surface at all times.
[5] 
All docks, including any vessel tied to the dock, shall have a minimum clearance of 15 feet of the seaward extension of any property line from adjacent parcels so as not to interfere with the neighbor's access to waters, unless the Trustees decide otherwise for navigational or other reasons. Waterside boundaries can be identified using the appropriate method for the shape of the shoreline for Long Island waters specified in 9 NYCRR 274.5.
[6] 
All docks and floats shall have the street address of the subject premises permanently affixed to the most seaward face for identification. Said address shall be at least three inches high and constructed of metal, wood, plastic or other material such that it can withstand exposure to the elements and is visible from the water.
[7] 
Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats.
[8] 
Any application for a dock to be constructed at the end of a right-of-way or commonly held land requires the written consent of all parties having an interest in the right-of-way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking facility.
[9] 
All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, to enable persons to pass and repass around said dock, or steps or a ramp allowing pedestrian passage.
[10] 
Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees.
[11] 
Personal watercraft or jet ski floats cannot be added to any float, stairway, or dock without a Trustee permit. Floats may not cumulatively exceed 120 square feet.
[12] 
Lighting. Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use.
[13] 
Utilities and water. If power or water is to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application. Installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees.
(b) 
Dock locations and lengths.
[1] 
No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas.
[2] 
Within creeks and other narrow waterways, no dock length shall exceed 1/4 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel.
[3] 
Prohibited locations and activities.
[a] 
No new docks utilized for residential purposes shall be permitted on the Great/Little Peconic Bay, Pipes Cove, Southold Bay, Gardiners Bay, Shelter Island Sound, Hog Neck Bay, Orient Harbor, Hallocks Bay or Long Beach Bay with the exception of Fisher's Island and Robin's Island. No new docks will be permitted on the Long Island Sound or in the following areas: Downs Creek, Hashamomack Creek, Long Creek (branch of Mattituck Creek, East of Grand Avenue bridge), Pipe's Cove Creek, West Creek, Laurel Lake, Marion Lake, Maratooka Pond, Husing Pond, Lilly Pond, Great Pond, Inlet Pond, Hashamomack Pond and Dam Pond.
[b] 
Machine excavation is prohibited in tidal or freshwater wetland areas.
[c] 
Placement of fence, mesh or other material preventing passage under docks is prohibited,
[d] 
No floating docks, floats, dock components, or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands between April 1 and December 1 of each calendar year. No duck blinds may be stored on tidal wetlands, other intertidal areas or freshwater wetlands at any time.
(c) 
Regulations for the placement and configuration of docking facilities.
[1] 
Residential docks.
[a] 
Only one catwalk may be permitted per residential lot. Only one mooring or dock may be permitted per residential lot. Upon a showing of special need due to low water level and hazard to property, the Trustees may permit both a mooring and a dock for the same residential property.
[b] 
If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings:
[i] 
It is no larger than six feet wide and 20 feet long except on Fishers Island if the need is demonstrated; or of equal square footage as determined by the Trustees;
[ii] 
New floats will be permitted only where there exists a minimum of 30 inches of water depth at mean low water. No part of the floating dock will contact the bottomland during a normal low tide.
[c] 
In determining the permitted length of a proposed residential dock, the Trustees shall seek to maintain lengths consistent with the other docks (i.e., pier line) in the waterway which meet the requirements of this chapter.
[d] 
Pilings shall not project more than three feet above the surface of a dock or catwalk unless a need for greater height is demonstrated.
[e] 
All excess fill from installation of pilings must be removed from tidal or freshwater wetland area on the same day as installation and disposed of in an approved upland disposal area.
[f] 
Tie-off poles associated with residential docks will only be permitted to secure one vessel. If the dock utilizes a float, the poles shall not project farther seaward than the outer edge of the float. If a float is not used, the pole(s) can be situated seaward of the end of the dock sufficient to secure the vessel.
[g] 
Only one handrail is permitted on a residential dock unless the need for two is demonstrated. Rails shall not be higher than three feet above the surface of the dock and posts shall not be placed closer than six feet on center or larger than four inches by four inches in dimension.
[h] 
Residential catwalks and ramps are limited to four feet in width.
[i] 
Residential boatlifts, floating or fixed, are prohibited, except in privately owned basins on private property at the discretion of the Board of Trustees.
[2] 
Commercial docks (marinas, yacht clubs and restaurants).
[a] 
Given the water-dependant nature and economic benefit of properties zoned as M1 and M2, dock design constraints and placement restrictions will be given greater flexibility than would otherwise be allowed for residential uses.
[b] 
Construction of new marinas and additions to existing marinas shall require establishment of a pump-out facility for vessel sanitary waste.
(d) 
Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects:
[1] 
Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion;
[2] 
Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities;
[3] 
Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore;
[4] 
Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock;
[5] 
Whether the dock will cause degradation of surface water quality and natural resources;
[6] 
Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats;
[7] 
Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish;
[8] 
Whether the dock will unduly restrict tidal flow or water circulation;
[9] 
Whether the dock will be safe when constructed;
[10] 
Whether the dock will adversely affect views, viewsheds and vistas important to the community;
[11] 
Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and
[12] 
Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service.
(3) 
Dredging.
(a) 
Creeks.
[1] 
Only maintenance dredging (as defined in § 275-2) is permitted, unless the applicant owns underwater land or the applicant is requesting permission to dredge in connection with installation of low-sill bulkheads. All maintenance dredging permits shall be valid for a period no greater than 10 years.
[2] 
Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment to water quality or habitat value.
[3] 
Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spartina alterniflora or Spartina patens) or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited.
(b) 
Freshwater wetlands. Dredging of freshwater ponds may be permitted when it can be demonstrated that such action will restore the water body to an historic condition, improve water quality or habitat value.
(c) 
All dredging applications must demonstrate a specific location for the deposit of dredging material.
The Trustees may adopt a resolution directing the issuance of a permit to perform operations applied for only if it determines that such operations will not substantially:
A. 
Adversely affect the wetlands of the Town.
B. 
Cause damage from erosion, turbidity or siltation.
C. 
Cause saltwater intrusion into the fresh water resources of the Town.
D. 
Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof.
E. 
Increase the danger of flood and storm-tide damage.
F. 
Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the Town.
G. 
Change the course of any channel or the natural movement or flow of any waters.
H. 
Weaken or undermine the lateral support of other lands in the vicinity.
I. 
Otherwise adversely affect the health, safety and general welfare of the people of the Town.
J. 
Adversely affect the aesthetic value of the wetland and adjacent areas.
[Added 12-18-2007 by L.L. No. 23-2007; amended 3-23-2010 by L.L. No. 1-2010; 7-30-2024 by L.L. No. 15-2024]
A. 
The Harbor Master, Zoning Inspector, Ordinance Inspector or Code Enforcement Officer are authorized to issue stop -work orders pursuant to this section to halt:
(1) 
Any work that is determined to be contrary to any applicable provision of this chapter, or:
(a) 
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Harbor Master, Zoning Inspector, Ordinance Inspector or Code Enforcement Officer, without regard to whether such work is or is not work for which a Trustee permit is required, and without regard to whether a Trustee permit has or has not been issued for such work; or
(b) 
Any work for which a Trustee permit is required which is being performed without the required Trustee permit, or under a Trustee permit that has become invalid, has expired, or has been suspended or revoked.
B. 
Stop-work orders shall:
(1) 
Be in writing;
(2) 
Be dated and signed by the Harbor Master, Zoning Inspector, Ordinance Inspector or Code Enforcement Officer;
(3) 
State the reason or reasons for issuance;
(4) 
If applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. 
The Harbor Master, Zoning Inspector, Ordinance Inspector or Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be posted on the subject property and to be served by personal service or certified mail on any one or more of the following: the owner of the subject property, the permit holder, the builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work or activity which is the subject of the stop-work order.
D. 
Upon issuance of the stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
E. 
The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under any other applicable local or state law. Any such remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A certificate of compliance shall be issued by the Trustees prior to use or occupancy of a structure, which has been erected, enlarged, or altered pursuant to the issuance of a permit in this chapter.
[Amended 10-9-2012 by L.L. No. 12-2012]
A valid Trustees’ permit may be transferred to another applicant by approval of the Trustees upon a determination by the Trustees that the structure in its current state conforms to the terms and conditions of the permit as issued. The fee for transferring said permit shall be $50.