[Amended 3-6-84 by L.L. No. 4, 1984]
A. Except as hereinafter provided, except as they are governed by Chapter
47 of this Code, it shall be unlawful for any person, without obtaining
a written permit therefor issued by the Town of Islip Department of
Planning and Development (hereinafter referred to as the "Department"),
to:
(1) Place, dump, deposit or permit to be placed, dumped
or deposited soil, stones, sand, gravel, mud, rubbish or fill of any
kind, either directly or indirectly, into, within or upon any tidal
waters or other watercourses, coastal wetlands, freshwater wetlands
or tidal marshes of the Town of Islip.
(2) Dig, dredge, excavate, remove soil, mud, sand, shells,
gravel or other aggregate, directly or indirectly, from any submerged
lands, tidal waters or other watercourses, coastal wetlands, freshwater
wetlands, or tidal marshes.
(3) Erect or place any structure, road, piling or other
obstruction, whether or not changing the ebb flow of the water, into,
within or upon any tidal waters or other watercourses, coastal wetlands,
freshwater wetlands or tidal marshes of the Town of Islip.
(4) Pollute in any form, including but not limited to
installation of a septic tank, running of a sewer outfall and discharge
of any sewage treatment effluent or other liquid wastes into or so
as to drain into, any tidal waters or other watercourses, coastal
wetlands, freshwater water wetlands or tidal marshes of the Town of
Islip.
(5) Engage in any activity which substantially impairs any of the several functions served by the coastal wetlands, freshwater wetlands, tidal marshes or other watercourses or the benefits derived therefrom, which are set forth in §
67-2 of this local law.
B. These activities are subject to regulation, whether
or not they occur upon the wetland or watercourses itself, if they
impinge upon or otherwise substantially affect the wetlands or watercourse.
[Amended 12-12-2006 by L.L. No. 7-2006]
The deposition or removal of sand, gravel or
any materials and construction of groins, docks, bulkheads, boathouses,
dwellings, roads or other improvements within or near the coastal
wetlands, tidal marshes or watercourses shall be regulated by the
provisions of this local law.
The deposition or removal of natural products
of the watercourses, tidal waters, coastal wetlands and submerged
lands by commercial or recreational fishing, shellfishing, aquaculture,
hunting or trapping operations shall be excepted from the provisions
of this local law where otherwise legally permitted and regulated.
[Added 5-28-2008 by L.L. No. 10-2008]
The following activities and uses are permissible
if done pursuant to terms and conditions of a permit issued by the
Department:
A. The building and locating of groins, docks, bulkheads,
moorings, boat launching or landing sites and marinas.
B. Temporary storage of materials.
D. Commercial or private recreation facilities consistent
with this local law as determined by the Department.
E. Dams and other water control devices, dredging or
diversion of water levels or circulation or changes in a watercourse
to improve hazardous navigation conditions, or for the improvement
of fish, shellfish or wildlife habitat, recreation facilities or drainage
improvements deemed to be consistent with the intent and objectives
of this local law by the Department.
F. Driveways and roads where alternative means of access
are proven to be impractical in the considered judgment of the Department.