§ 57-39. Site selection.

Sites that are selected for aquaculture shall be subject to the following restrictions:

A. 

Have a permanent certification for shellfish harvesting as approved by the New York State Department of Environmental Conservation (DEC);

B. 

Shall not be within a sea grass bed;

C. 

Must be outside of any area within the Town of Brookhaven designated as a winter grounds or management areas as defined in § 57-34 and § 57-35;

D. 

Must be outside of the jurisdictional boundaries of the Fire Island National Seashore, unless permission of the Department of the Interior is secured;

E. 

If privately owned property, an executed lease agreement with the private property owner of the underwater lands shall be provided;

F. 

Must be at least 375 feet seaward from any private property line and limited to that area bounded by the seaward extension of the eastern and western property lines extended southerly into the bay a distance of 375 feet parallel to the mean high water mark of the southern property boundary;

G. 

Must be at least 200 feet from any other shellfish farm license/lease boundary; and

H. 

Must be 100 feet outside of any marked or unmarked navigation channel.