§ 81-5. Exempt activities., Chapter 81. Wetlands and Waterways, Land Use Legislation, Code of Ordinances, Brookhaven

Any activity that occurs within the boundaries of an incorporated village, with the exception of those regulated activities that occur upon Town-owned upland or underwater land;

Fishing, hunting and related activities. The deposition or removal of the natural products of lands under water, surface waters, tidal wetlands or freshwater wetlands, by recreational or commercial fishing, shellfishing, hunting or trapping, where otherwise legally permitted and regulated;

Public health activities of the Suffolk County Department of Public Works, including mosquito control activities that require the physical change to the wetlands;

Repair and maintenance of existing roadways and bridges that do not require approvals of state and federal agencies, undertaken by the Suffolk County Department of Public Works, the New York State Department of Transportation or the Town of Brookhaven Highway Department;

Maintenance and repair activities;

The finishing of basements, cellars, and/or the conversion of an attached garage into living area;

Any interior construction or renovation (other than the finishing of basements, cellars, and/or the conversion of an attached garage into living area), exterior renovation, or repair of an existing residential or commercial structure which does not increase the existing footprint and/or habitable living area for a residential structure, or does not increase the existing footprint or floor area of a commercial structure;

Any exterior modification, renovation, or repair of an existing residential or commercial structure which does not increase the existing footprint and/or habitable living area for a residential structure or increase the existing footprint or floor area for a commercial structure;

Operation and maintenance of existing dams, sluices, culverts or other water-control structures or devices which legally existed on the effective date of this chapter by the Suffolk County, the New York State Department of Transportation or the Town of Brookhaven Highway Department;

Conservation, preservation or ecologically sound management activities relating to soil, water, vegetation, fish, shellfish and wildlife, undertaken by federal, state and local governments or subdivisions thereof;

Fences. The erection of a fence shall be excluded from the regulated activities requiring a permit herein, provided the following apply:

(1)

The fence is elevated six inches above the elevation of the ground in all areas identified as wetlands, within 100 feet of wetlands, or designated as a buffer area as per the issuance of a permit or approval from the Town of Brookhaven;

(2)

The fence is located landward of the edge of a waterway;

(3)

The fence conforms to all requirements of Chapter 85; and

(4)

No clearing of trees and only the minimal disturbance of native shrubs and emergents will take place during the installation.

The selective clearing of natural vegetation by the use of hand-held tools to facilitate the surveying or inspection process as required by federal, state and local agencies shall be excluded from the regulated activities requiring a permit, provided:

(1)

The clearing is necessary for the preparation of a survey required for the submission of a wetlands and waterways permit application to the Division of Environmental Protection and the establishment of the paths is necessary for access to the site;

(2)

All clearing is completed by hand-held tools;

(3)

No trees are removed from the wetland or jurisdictional area;

(4)

No wetlands are disturbed unless specifically requested in writing by authorized individuals of the Division of Environmental Protection;

(5)

No path is more than three feet in width; and

(6)

No more than three paths are cut per property or as directed by the Division of Environmental Protection.

Selective clearing activities completed either by hand or machine and approved as part of a test hole permit issued by the Town of Brookhaven's Division of Environmental Protection or Division of Planning;

The roof-mounted installation of any energy-generating device such as solar panels (photovoltaic cells), or passive energy-saving devices such as solar hot water heaters. The installation of ground-secured systems shall be exempt when such systems are installed at a location:

(1)

Greater than 50 feet from a wetland or a waterway; and

(2)

Where no clearing of natural vegetation, grading of existing soils is required to complete the installation.

The continued tilling or cultivation of existing agricultural lands;

The filling or removal of an artificial pond having an area less than 300 square feet within a residential property and located outside of the jurisdictional area of wetlands;

The installation, repair, or replacement of: an outside shower and/or shower enclosure, a freestanding hot tub placed upon a previously approved deck or patio, an emergency generator placed within 10 feet of the primary residential structure and not within an established buffer area, an air conditioning unit placed within 10 feet of the primary residential structure and not within an established buffer area, including the concrete pads upon which the air conditioning units and generators are placed, and the installation of cellar or basement entrances; and

Projects solely limited to the installation of an I/A OWTS within the existing cleared area of the subject property.