§ 76-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADMINISTRATOR

The Director of the Division of Environmental Protection.

APPARENT LOW WATER

The approximate average low water level for a given body of water at a given location, determined by reference to hydrological information concerning water levels or other appropriate tests.

BEACH

The zone of unconsolidated earth that extends landward from the apparent low water line to the waterward toe of a dune or bluff, whichever is most waterward; where no dune or bluff exists landward of a beach, the landward limit of a beach shall be 100 feet landward from the place where there is a marked change in natural material or physiographic form, or from the line of permanent vegetation, whichever is most waterward; shorelands subject to seasonal or more frequent overwash or inundation shall constitute a beach.

BLUFF

Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is 25 feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, 25 feet landward of the point of inflection on the top of the bluff. (The point of inflection is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline.)

COASTAL EROSION HAZARD AREAS (CEH AREAS)

Those so identified and depicted on the final maps prepared by the State Department of Environmental Conservation, as amended by the Commissioner, pursuant to § 34-0104 of the Environmental Conservation Law, entitled "Coastal Erosion Hazard Area Map For The North Shore of the Town of Brookhaven" and "Coastal Erosion Hazard Area Map" for Fire Island in the Town of Brookhaven.

COASTAL EROSION HAZARD AREA MAP

The final map, and amendments thereto as shall be issued by the Commissioner of the Department of Environmental Conservation, delineating boundaries of coastal erosion hazard areas.

COASTAL EROSION MANAGEMENT PERMIT

A written approval for the undertaking of any regulated activity within coastal erosion hazard areas as mapped by the Commissioner.

COASTAL VEGETATION

Plant life capable of surviving and successfully reproducing and which is compatible with the natural environment of the designated coastal erosion hazard area(s).

COASTAL WATERS

Include Long Island Sound and the Atlantic Ocean.

COASTLINE

Lands adjacent to the Town's coastal waters.

COMMISSIONER

The Commissioner of the Department of Environmental Conservation.

DEBRIS LINE

A linear accumulation of water-borne debris deposited on a beach by high water or by wave action.

DUNE

A ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand, includes the primary dune and a secondary dune, if existent.

EMERGENCY

A natural or an accidental human-made event which presents an immediate threat to life, health, safety, property, or the environment.

EMERGENCY ACTIVITIES

Those proposed actions designed to provide structural support to buildings or structures that have incurred or are in imminent peril of incurring damage and without which such buildings or structures may suffer such further failure as may cause them to exacerbate erosion, or increase damage to other buildings, or structures, or to natural or man-made protective features, by water- or wind-borne remnants and debris from such failed buildings or structures.

EROSION

The loss or displacement of land along the coastline due to the action of waves, currents, wind-driven water, water-borne ice or other impacts of storms and/or the loss or displacement of land due to the action of wind, surface runoff or groundwater seepage.

EROSION HAZARD AREA

An area of the coastline that is a natural protective feature area.

EROSION PROTECTION STRUCTURE

A structure specifically designed to reduce or prevent erosion such as a groin, jetty, revetment, breakwater or artificial beach nourishment project.

EXISTING STRUCTURE

A structure and appurtenances in existence or one where construction has commenced or one where construction has not begun but for which a building permit has been issued prior to the effective date of this chapter. “Existing structure” also includes any structure or appurtenance which was initially constructed outside an erosion hazard area, but as a result of amendments to coastal erosion hazard area maps is located in an erosion hazard area.

FIRE ISLAND

A barrier island located on the south shore of Brookhaven also known as the Great South Beach. For purposes of this chapter, “Fire Island” refers only to the side of Fire Island fronting the Atlantic Ocean.

FUNCTIONAL STRUCTURE

A functioning structure is one, which is fully performing as originally designed.

GRADING

A redistribution of sand or other unconsolidated earth to effect a change in profile.

MAJOR ADDITION

An addition to a structure resulting in a twenty-five-percent or greater increase in the ground area coverage of the structure other than an erosion protection structure or a pier, dock or wharf. The increase will be calculated as the ground area coverage to be added, including any additions previously constructed under a coastal erosion management permit, divided by the ground area coverage of the existing structure as defined in “existing structure.”

MINOR ADDITION

Any addition other than a major addition.

MODIFICATION

A change in the size, design or function of a structure or erosion protection structure.

NATURAL PROTECTIVE FEATURE

A near-shore area, beach, bluff, primary dune, secondary dune or marsh and their vegetation.

NATURAL PROTECTIVE FEATURE AREA

A land and/or water area containing natural protective features, the alteration of which may reasonably be anticipated to reduce or destroy the protection afforded nearby lands against erosion from natural high water, or result in the lowering of existing sand reserve(s), or natural materials available for natural replenishment of storm losses through natural processes.

NEAR-SHORE AREA

Underwater lands beginning at the apparent low water line and extending waterward in a direction perpendicular to the shoreline to a point where apparent low water depth is 15 feet, or to a horizontal distance of 1,000 feet from the apparent low water line, whichever is greater.

NORMAL MAINTENANCE

Periodic replacement or repair of like-kind structural elements or protective coatings which do not result in the alteration of the size, design or function of an existing functional structure.

NORTH SHORE

The area of shoreline directly fronting Long Island Sound, excluding its bays and harbors.

PERSON

Any individual, public or private corporation, political subdivision, government agency, public improvement district, partnership, association, firm, trust, estate or any legal entity whatsoever.

PRIMARY DUNE

The most waterward major dune where there are two or more parallel dunes within a coastal area. Where there is only one dune present, it is the primary dune. Occasionally one or more relatively small dune forms exist seaward of the primary dune. These smaller formations will be considered to be part of the primary dune for the purposes of this chapter. The seaward limit of the primary dune is the landward limit of its fronting beach. The landward limit of the primary dune is 25 feet landward of its landward toe.

RECEDING EDGE

The most landward line of active erosion.

RECESSION RATE

The average rate, expressed in feet per year, at which an eroding shoreline moves landward.

REGULATED ACTIVITY

The construction, modification, restoration or placement of a structure, major addition to a structure, or any action or use of land which materially alters the condition of land or the vegetation protective thereof including grading, excavating, dumping, mining, dredging, filling, other disturbance to the soils, or the alteration of existing vegetation protecting a bluff or dune area which diminishes said vegetation's protective quality applicable to a natural protective feature relating to erosion, such as the cutting (mowing) of grasses, the cutting or pruning or topping of shrubs and trees.

RESTORATION

The reconstruction without modification of a structure, the cost of which equals or exceeds 50% of the estimated current full replacement cost thereof at the time of restoration. Modifications, however, maybe allowed if they do not exceed preexisting size limits and are intended to mitigate the impacts to natural protective features and other natural resources.

SECONDARY DUNE

The major dune immediately landward of a primary dune, the seaward limit of which is the landward limit of its fronting primary dune, and the landward limit of which is 25 feet landward of its landward toe.

SIGNIFICANT FISH AND WILDLIFE HABITAT

Habitats which:

A. 

Are essential to the survival of a substantial portion of a particular fish or wildlife population;

B. 

Support rare or endangered species;

C. 

Are found at a very low frequency within a geographic area;

D. 

Support fish or wildlife populations having important commercial or recreational value(s); or

E. 

That would be difficult or impossible to replace.

STRUCTURE

Any fabricated object constructed, installed or placed in, on, or under land or water, including, but not limited to: building(s), shed(s); decks; swimming pools; garages; mobile homes; roads; public service distribution and transmission facilities, or collection system(s); tanks; docks; piers; wharfs; groins; jetties; seawalls; bulkheads; breakwaters; revetments; and any addition to or alteration of the aforesaid.

TOE

The lowest point on a dune or bluff slope.

UNREGULATED ACTIVITY

Activities not subject to regulation under this chapter, including but not limited to: elevated walkways and stairways constructed solely for pedestrian use and installed by an individual property owner(s) solely for noncommercial access to the beach; ordinary beach grooming and clean-up; ordinary and customary maintenance of structures and/or in compliance with an approved maintenance program; planting coastal vegetation; establishing sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas which are intended to stabilize and/or enhance dune dimensions or increase dune height; the implementation of practices recommended in a soil and water conservation plan as defined in Section 3(12) of the Soil and Water Conservation Districts Law, provided that agricultural operations and the implementation of practices as aforesaid shall not be construed to include any activity that involves the construction or installation of a structure(s).

Amended 12-17-2002 by L.L. No. 26-2002, effective 12-20-2002