§ 81-4. Regulated activities., Chapter 81. Wetlands and Waterways, Land Use Legislation, Code of Ordinances, Brookhaven

Regulated activities. Activities subject to regulation shall include any activity within a wetland or within the jurisdictional area of a wetland, including, but not limited to:

(1)

Any form of drainage, dredging, excavation or removal of soil, mud, sand, shells, gravel, or other aggregate, and grading activities that change the contours or drainage patterns of existing land or lands under water;

(2)

The draining of a marsh, pond or other enclosed natural body of water and/or any other action that would alter the hydrogeologic characteristics of a regulated wetland or water body;

(3)

Any direct or indirect form of dumping or filling or depositing of any material;

(4)

Erecting any buildings or structures, the replacement of buildings or structures in-place and/or in-kind, enlarging of existing structures or other physical improvements to property such as the installation of accessory structures, swimming pools, tennis courts, driveways, constructing roads and bridges, the construction of bulkheads, retaining walls, pilings, docks, catwalks, boat davits, the installation of a fence that does not qualify as an exempt activity, or other activities not considered to be normal maintenance or repair;

(5)

The placement of a structural or nonstructural shore protection device;

(6)

The removal or demolition of any existing structure, accessory structure, dock, bulkhead, swimming pool or the like;

(7)

Building, creating or installing any cesspool, septic tank, leaching field or other in-ground sewage or other waste disposal or storage system, whether new or as part of an existing sanitary system, including any pipe, conduit or other part thereof, but shall not include disturbance that is solely limited to the installation of an I/A OWTS approved by Suffolk County which does not disturb any naturally vegetated land area;

(8)

Any form of pollution or discharge, including, but not limited to: the spraying or wicking of invasive or natural vegetation with herbicides, running a sewer outfall, discharging sewage treatment or stormwater effluent, stormwater runoff or other liquid wastes into or so as to drain into a wetland, waterway or jurisdictional area;

(9)

The clearing and/or alteration of vegetation within a wetland, established buffer area or jurisdictional area;

(10)

The mooring of a residential houseboat or floating home;

(11)

Any other activity which impairs any of the several functions served by surface waters, lands under water and/or tidal or freshwater wetlands or the benefits derived therefrom, which are set forth in § 81-1 of this chapter if they occur upon the wetland, waterway, jurisdictional area, or the lands under water, or if they impinge upon or otherwise substantially affect the wetlands and waterways;

(12)

Any aquaculture activity that takes place on or within the jurisdictional area of a wetlands or waterway;

(13)

Agricultural activities not previously issued a wetland and waterway permit and which take place on lands that do not meet the definition of agricultural lands as defined in § 81-3. The creation of new agricultural lands, whether or not the lands are adjacent to existing agricultural lands by, but not limited to, clearing of existing vegetation, grading, tilling or filling of land, shall be subject to regulation if undertaken within the jurisdictional area; and

(14)

The excavation, construction and installation of stormwater abatement measures, specifically leaching pool systems, stormwater retention basins or detention ponds, used to control and trap road runoff, sediments and contaminants.