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Village of Quogue, NY
Suffolk County
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Table of Contents
Table of Contents
Code
New Laws (4) Index
The following restrictions apply to regulated activities within structural hazard areas:
A. 
A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater. Systems installed along the shoreline must be located landward of the shoreline structures.
B. 
The construction of nonmovable structures or the placement of major nonmovable additions to an existing structure is prohibited.
C. 
Permanent foundations may not be attached to movable structures, and any temporary foundations are to be removed at the time the structure is moved. Below-grade footings will be allowed if satisfactory provisions are made for their removal.
D. 
No movable structure may be located closer to the landward limit of a bluff than 25 feet.
E. 
No movable structure may be placed or constructed such that, according to accepted engineering practice, its weight places excessive groundloading on a bluff.
F. 
Plans for landward relocation of movable structures must be included with each application for a permit. Movable structures which have been located within a structural hazard area pursuant to a coastal erosion management permit must be removed before any part of the structure is within 10 feet of the receding edge. The last owner of record, as shown on the latest assessment roll, is responsible for removing that structure and its foundation, unless a removal agreement was attached to the original coastal erosion management permit. With the attachment of a removal agreement to the coastal erosion management permit, the landowner or the signator is responsible for the landward relocation of movable structures. Removal agreements may be made when the last owner of record and the owner of the structure are different with the approval of the Village at the time the permit is issued.
G. 
Debris from structural damage which may occur as a result of sudden unanticipated bluff edge failure, dune migration or wave or ice action must be removed within 60 days of the damaging event.
H. 
Any grading, excavation or other soil disturbance conducted within a structural hazard area must not direct surface water runoff over a bluff face.
A. 
Nearshore areas dissipate a substantial amount of wave energy before it is expended on beaches, bluffs or dunes by causing waves to collapse or break. Nearshore areas also function as reservoirs of sand, gravel and other unconsolidated material for beaches. Sandbars, which are located in nearshore areas, control the orientation of incoming waves and promote the development of ice cap formations which help protect shorelines during winter storms. The roots of aquatic vegetation in nearshore areas bind fine-grained silts, clays and organic matter to form a fairly cohesive bottom that resists erosion.
B. 
The following restrictions apply to regulated activities in nearshore areas:
(1) 
Excavating, grading, mining or dredging which diminishes the erosion protection afforded by nearshore areas is prohibited, except construction or maintenance of navigation channels, bypassing sand around natural and man-made obstructions and artificial beach nourishment, all of which require a coastal erosion management permit.
(2) 
Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas. Any deposition will require a coastal erosion management permit.
(3) 
All development is prohibited in nearshore areas unless specifically provided for by this chapter.
A. 
Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes of bluffs or dunes. Beaches that are high and wide protect shorelands from erosion more effectively than beaches that are low or narrow. Beaches also act as reservoirs of sand or other unconsolidated material for longshore littoral transport and offshore sandbar and shoal formation.
B. 
The following restrictions apply to regulated activities in beach areas:
(1) 
Excavating, grading or mining which diminishes the erosion protection afforded by beaches is prohibited.
(2) 
Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within beach areas. Any deposition will require a coastal erosion management permit, which may be issued only for expansion or stabilization of beaches.
(3) 
Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the Department.
(4) 
All development is prohibited on beaches unless specifically provided for by this chapter.
(5) 
The placement of an existing house on pilings is prohibited in beach areas.
[Added 10-21-2011 by L.L. No. 2-2011]
A. 
Dunes prevent overtopping and store sand for coastal processes. High, vegetated dunes provide a greater degree of protection than low, unvegetated ones. Dunes are of the greatest protective value during conditions of storm-induced high water. Because dunes often protect some of the most biologically productive areas as well as developed coastal areas, their protective value is especially great. The key to maintaining a stable dune system is the establishment and maintenance of beach grass or other vegetation on the dunes and assurance of a supply of nourishment sand to the dunes.
B. 
The following restrictions apply to regulated activities in dune areas:
(1) 
In primary dune areas:
(a) 
Excavating, grading or mining of primary dunes is prohibited.
(b) 
Clean sand of a compatible type and size is the only material which may be deposited. Any deposition requires a coastal erosion management permit.
(c) 
All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be placed so as to increase the size of or restore a dune or dune area.
(d) 
Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the Department.
(e) 
Nonmajor additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impacts of the structure on the primary dune. Alteration of the existing structure to the extent reasonably necessary in order to add the nonmajor addition to the existing structure shall be deemed to be part of the design of the nonmajor addition. Any disturbance of the primary dune caused by such nonmajor addition shall be restored as a condition of such permit.
[Amended 10-21-2011 by L.L. No. 2-2011]
(f) 
Erosion protection structures compatible with the purposes of this chapter will only be allowed at the waterward toe of primary dunes and must not interfere with the exchange of sand between primary dunes and their fronting beaches. Hard erosion protection structures are not compatible with the purposes of this chapter and thus are prohibited (see § 80-12F).
[Amended 7-18-1997 by L.L. No. 3-1997]
(g) 
The construction or placement of a structure (other than an erosion protection structure or a nonmajor addition to an existing structure) is prohibited in primary dune areas.
[Added 1-17-1992 by L.L. No. 1-1992]
(h) 
The construction or placement of a major addition to a structure (other than an erosion protection structure) is prohibited in primary dune areas.
[Added 1-17-1992 by L.L. No. 1-1992; amended 10-21-2011 by L.L. No. 2-2011]
(i) 
The restoration of a structure (other than an erosion protection structure) is prohibited in primary dune areas.
[Added 1-17-1992 by L.L. No. 1-1992; amended 10-21-2011 by L.L. No. 2-2011]
(j) 
The reconstruction of a structure without modification is allowed in primary dune areas pursuant to a coastal erosion management permit (subject to the provisions of § 80-6), provided that the cost of the reconstruction is less than 50% of the replacement cost - new of the structure at the time of reconstruction. The Administrator shall require the applicant to submit evidence of replacement cost - new and of the estimated cost of reconstruction at the time the application for a coastal erosion management permit is submitted. Replacement cost - new and the estimated cost of such reconstruction shall be determined by the Administrator at the time the permit is applied for based upon such evidence submitted by the applicant and such other information as the Administrator shall deem relevant. The Administrator may require periodic reporting in reasonable detail of actual costs incurred by the holder of the permit. The submission of evidence of replacement cost - new or of estimated cost of reconstruction that is not made in good faith by or on behalf of an applicant, or of information concerning the actual costs of reconstruction that is not true and correct, shall constitute a violation of this chapter and may result in revocation of such permit, in addition to other applicable remedies.
[Added 1-17-1992 by L.L. No. 1-1992; amended 10-21-2011 by L.L. No. 2-2011]
(k) 
The reconstruction of a structure (other than an erosion protection structure) with modification is prohibited in primary dune areas (even if the cost of the reconstruction is less than 50% of the replacement cost — new of the structure at the time of reconstruction).
[Added 10-21-2011 by L.L. No. 2-2011]
(l) 
The placement of an existing house on pilings is prohibited in primary dune areas.
[Added 10-21-2011 by L.L. No. 2-2011]
(m) 
Notwithstanding the foregoing provisions, the reconstruction or restoration without modification of existing structures that are damaged or destroyed by fire or similar natural events not related to coastal flooding and erosion is allowed in primary dune areas pursuant to a coastal erosion management permit (subject to the provisions of § 80-6), provided that such permit is obtained within 18 months from the date of such damage or destruction. Modifications, however, may be allowed if they do not exceed preexisting size limits and are intended to mitigate impacts to natural protective features and other natural resources.
[Added 10-21-2011 by L.L. No. 2-2011]
(2) 
In secondary dune areas:
(a) 
All depositions must be of clean sand of a compatible type and size, and all grading must be performed so as to increase the size of or restore a dune or former dune area.
(b) 
Excavating, grading or mining must not diminish the erosion protection afforded by them.
(c) 
Nonmajor additions to existing structures are allowed on secondary dunes pursuant to a coastal erosion management permit.
(d) 
Permitted construction, reconstruction, restoration or modifications must be built on adequately anchored pilings such that at least three feet of open space exists between the floor joists and the surface of the secondary dune; and the permitted activity must leave the space below the lowest horizontal structural members free of obstructions.
(3) 
All other activities and development in dune areas are prohibited unless specifically provided for by this chapter.
(4) 
The restrictions of § 80-13, Traffic control, apply to dune areas.
A. 
Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features.
B. 
The following activities are prohibited on bluffs:
(1) 
Excavating or mining, except when in conjunction with conditions stated in a coastal erosion management permit issued for minor alterations in the construction of an erosion protection structure or for provision of shoreline access.
(2) 
Motorized and nonmotorized traffic. The restrictions of § 80-13, Traffic control, apply to bluffs.
(3) 
All development, unless specifically allowed by this section of this chapter.
(4) 
Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the Department.
(5) 
Soil disturbance that directs surface water runoff over a bluff face.
C. 
Activities specifically allowed under this subsection are:
(1) 
Minor alteration of a bluff done in accordance with conditions stated in a coastal erosion management permit issued for new construction, modification or restoration of an erosion-protection structure.
(2) 
Bluff cuts done in accordance with conditions stated in a coastal erosion management permit issued for the provision of shoreline access, where:
(a) 
Cut is made in a direction perpendicular to the shoreline.
(b) 
Ramp slope may not exceed 1:6.
(c) 
Side slopes may not exceed 1:3 unless terraced or otherwise structurally stabilized.
(d) 
Side slopes and other disturbed nonroadway areas must be stabilized with vegetation or other approved physical means.
(e) 
The completed roadway must be stabilized and drainage provided for.
(3) 
New construction, modification or restoration of walkways or stairways done in accordance with conditions of a coastal erosion management permit.
(4) 
Nonmajor additions to existing structures may be allowed on bluffs pursuant to a coastal erosion management permit.
The following requirements apply to the construction, modification or restoration of erosion protection structures:
A. 
The construction, modification or restoration of erosion protection structures must:
(1) 
Not be likely to cause a measurable increase in erosion at the development site or at other locations.
(2) 
Minimize and, if possible, prevent adverse effects upon natural protective features, existing erosion protection structures and natural resources such as significant fish and wildlife habitats.
B. 
All erosion protection structures must be designed and constructed according to generally accepted engineering principles or, where sufficient data is not currently available, a likelihood of success in controlling long-term erosion. The protective measures must have a reasonable probability of controlling erosion on the immediate site for at least 30 years.
C. 
All materials used in such structures must be durable and capable of withstanding inundation, wave impacts, weathering and other effects of storm conditions for a minimum of 30 years. Individual component materials may have a working life of less than 30 years only when a maintenance program ensures that they will be regularly maintained and replaced as necessary to attain the required 30 years of erosion protection.
D. 
A long-term maintenance program must be included with every permit application for construction, modification or restoration of an erosion protection structure. The maintenance program must include specifications for normal maintenance of degradable materials. To assure compliance with the proposed maintenance programs, a bond may be required.
E. 
An application for a coastal erosion management permit involving an erosion protection structure shall consider the final generic environmental impact statement entitled "Examination of Options to Control Beach Erosion in the Village of Quogue," completed and accepted by the Board of Trustees on January 16, 1997.
[Added 7-18-1997 by L.L. No. 3-1997]
F. 
Hard erosion protection structures are not compatible with the purposes of this chapter and thus are prohibited. Hard erosion protection structures include any type of coastal engineering structure composed of rock, stone, concrete, rubble, wood, steel, metal or similar hard material designed to reduce or prevent erosion by holding sand in place or capturing new sand supplies as transported by waves and currents or otherwise protecting against damage by waves and currents. Hard erosion protection structures include hard structures such as a breakwater, groin, jetty, revetment, riprap, bulkhead or seawall designed for construction in a nearshore area, beach area or dune area regulated by this chapter.
[Added 7-18-1997 by L.L. No. 3-1997]
G. 
Hard erosion protection structures do not include the type of erosion protection structure which consists of cloth or plastic bags or tubes that are filled with native beach sand or upland sand of a specific grain size. Such sand-filled containers, such as sand bags, longard tubes, geotubes or geotextile containers, are classified as semihard erosion protection structures which may be allowed at the waterward toe of primary dunes pursuant to § 80-10B(1)(f) and a coastal erosion management permit (subject to the provisions of §§ 80-6 and 80-12).
[Added 7-18-1997 by L.L. No. 3-1997]
Motorized and nonmotorized traffic must comply with the following restrictions:
A. 
Motor vehicles must not travel on vegetation, must operate waterward of the debris line and, when no debris line exists, must operate waterward of the waterward toe of the primary dune or bluff.
B. 
Motor vehicle traffic is prohibited on primary dunes, except for officially designated crossing areas, and on bluffs.
C. 
Walkways.
[Amended 8-21-2020]
(1) 
All walkways shall be elevated. The bottom of horizontal joists shall be constructed at least one foot above grade. Stairways shall have open risers. Stairways down the south face of a dune shall be constructed with at least 2 1/2 feet of clearance from the dune. In the event that sand thereafter accumulates around and under a walkway or stairway so that it is at or below the surrounding grade, such walkway or stairway shall be reconstructed so that it becomes properly elevated or shall be replaced by a walkway or stairway that complies with the elevation requirement. Retaining walls that restrict the natural movement of sand are prohibited.
(2) 
Walkways shall be a maximum of four feet in width. Walkways designed for wheelchair access, which shall be permitted if required by the needs of the owner, may have a passing area up to eight feet in length and width.
(3) 
A handrail and a horizontal midrail shall be required on each side of any walkway that has a walking surface that is 2 1/2 feet or more above grade. Cable rails made of steel or other metal materials are not permitted.
(4) 
All newly installed lighting shall be low voltage and downward facing.
(5) 
Walkways and stairways and their handrails shall be made of natural lumber only. Plastic or composite materials are not permitted. Treated lumber may only be used for posts in direct contact with the ground.
[1]
Editor's Note: See also § 146-6, General limitations on use by vehicles.