§ 81-7. Incompatible and prohibited activities.

A. 

The following activities are incompatible with the standards for approval:

(1) 

Any activity that would cause or allow the filling or excavation of a tidal or freshwater wetland or within a waterway except for applications to dredge an existing waterway or create wetland habitat.

(2) 

Clearing of natural vegetation, the excavation and/or grading of soils within 25 feet of the landward boundary of a tidal or freshwater wetland or water body.

(3) 

Any action that would violate the condition(s) of a covenanted buffer zone or a buffer zone established by conditions of a permit or approval.

(4) 

Any proposed new residential structure and any additions to an existing residential structure, land divisions and subdivisions, new commercial structures or any additions made to an existing commercial structure, residential and commercial docks, and/or shore protection devices that do not conform to the standards for approval described in § 81-14.

(5) 

The construction of private structural shore protection devices on Town-owned upland or lands underwater unless previously approved through an encroachment agreement or its equivalent with the Town of Brookhaven.

(6) 

The construction of any structure, other than docks, structural and nonstructural shore protection devices, and the installation of pilings, dolphins or the like; or the installation of any fence seaward of the apparent high watermark of any shoreline.

(7) 

Regulated activities initiated or completed without the issuance of a wetlands and waterways permit may be deemed an incompatible activity if the offending structure or activity fails to comply with the standards set forth by § 81-14.A through E or if the Director or his designee makes a determination that the offending action will cause, caused or continues to cause a significant impairment to a wetland, waterway or jurisdictional area.

(8) 

Construction of a new bulkhead when:

[Added 5-25-2017 by L.L. No. 15-2017, effective 6-7-2017]

(a) 

No existing bulkhead is located within 200 feet of either side of the proposed bulkhead. In the event that one side of the proposed bulkhead is located within 200 feet of another and the other side is not bulkheaded within 400 feet, the proposed bulkhead will be considered incompatible; or

(b) 

The bulkhead does not conform to the standards of approval.

B. 

The following activities shall be prohibited by this code:

(1) 

The construction of new primary and accessory structures, the clearing of natural vegetation, and the application of fertilizers, pesticides and herbicides within 20 feet of the landward edge of all wetlands that occur along the Carmans River.

Amended 1-22-2013 by L.L. No. 4-2013, effective 2-6-2013