Town of Brookhaven, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
Beaches — See Ch. 9.

§ 75-1 Restrictions on removal of vegetation.

No person shall move, remove or destroy any grass or actual growth of vegetation whatsoever from any lands in the Town of Brookhaven on the Great South Beach and on the beach and cliff adjacent to the Long Island Sound, except as herein provided.

§ 75-2 Applicability.

The provisions hereof shall apply to an owner of the whole or of any interest in said lands and to any lessee, tenant or other occupant thereof and to any person whatsoever, whether legally or illegally upon said lands.

§ 75-3 Town Board to regulate.

The Town Board of the Town of Brookhaven may enact rules and regulations to regulate and control the taking, destruction, moving, transplanting or replacing of teach grass or natural growth of vegetation on said lands as may from time to time appear necessary for the protection of the property and inhabitants of the Town and its welfare, and permits issued pursuant hereto shall be issued subject to such rules and regulations.

§ 75-4 Chief Building Inspector to issue permit.

The Chief Building Inspector of the Town of Brookhaven is hereby authorized and empowered to issue a written permit for the taking, destruction, moving, transplanting or replanting of said beach grass or natural vegetation, subject to any rules and regulations adopted by the Town Board of the Town of Brookhaven. If no such rules are adopted or if they do not apply to a particular situation, the Chief Building Inspector shall only issue such permit if it appears that the issuance of the permit will not endanger the welfare and property of the Town of Brookhaven and its inhabitants and will not cause or contribute to the erosion of said lands.

§ 75-5 Application.

A permit mentioned in § 75-4 hereof shall only be issued upon the presentation of a written application to the Chief Building Inspector and the payment of such fee as may be required by the Town of Brookhaven under the rules and regulations adopted by it and subject to compliance with those rules and regulations. The application shall be verified and shall set forth:
The name of the applicant.
His interest in the area concerned.
If the applicant is not the owner, his right or authority to do the work under the permit, and proof must be submitted of that right or authority.
A description of the area concerned.
The reason for the application.
If the area concerned is to be improved with a structure, an agreement to replant the adjacent area or, if the area concerned is not to be improved, an agreement to replant the area from which the beach grass or other vegetation is removed.
The time within which the work under the permit will be commenced and completed.
An agreement to comply with the requirements of the Chief Building Inspector of the Town of Brookhaven and any rules and regulations adopted by the Town of Brookhaven pursuant hereto.

§ 75-6 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
Includes any firm, partnership or corporation.

§ 75-7 Recovery of damages or penalties.

The enactment hereof or any prosecution hereunder shall not be deemed to prevent or prohibit an action for the recovery of damages or penalties by any public authority or private individual.

§ 75-8 Penalties for offenses.

A violation of the foregoing shall be a violation punishable by a fine not exceeding $500 or by imprisonment not exceeding 15 days, or both.