[Adopted 4-19-1966 by L.L. No. 1-1966 (Ch.
50, § 50-1 through 50-3, of the 1969 Code of the Town of
Huntington)]
A.
The Town Board shall have control over the filling
or diversion of streams, watercourses and creeks.
B.
No person, firm, corporation or other organization
shall place fill in any stream, watercourse or creek or divert any
stream, watercourse or creek from its natural course or courses, or
allow the draining of any pond or impoundment, unless and until a
permit shall have been applied for and secured from the Town Board.
[Amended 3-13-1979 by L.L. No. 10-1979]
C.
In the exercise of its discretion to grant or deny
any such permit, the Town Board shall give consideration to the effect
such proposed filling or diversion may have on the drainage or welfare
of the Town of Huntington and shall deny any such permit when in its
judgment the Town Board determines such proposed filling or diversion
is detrimental to the drainage or welfare of the Town of Huntington.
For the purposes of this Article, small ponds
with a surface area at mean low-water level of 10 acres or less, located
in the course of a stream, watercourse or creek, shall be considered
a part of such stream, watercourse or creek.
[Amended 11-6-2019 by L.L. No. 56-2019]
Any person, firm or corporation placing fill in any stream,
watercourse or creek or diverting any stream, watercourse or creek
from its natural course without having first applied for and secured
a permit therefor from the Town Board shall be guilty of an offense
and, upon conviction for each offense, shall be subject to a fine
of not less than five hundred ($500) dollars and not more than one
thousand five hundred ($1,500) dollars or imprisonment for a period
not exceeding six months, or both. Any person or entity found by the
Bureau of Administrative Adjudication to have violated this Article
shall likewise be subject to a monetary penalty within the range of
fines authorized herein.
