Navigating Suffolk County’s Complex Wetlands Protection Laws: What Property Owners Must Know Before Demolition

Suffolk County’s extensive network of wetlands represents some of New York State’s most valuable environmental resources, but they also create significant regulatory challenges for property owners considering demolition projects. Understanding these complex wetlands protection laws is crucial for anyone planning to demolish structures near protected environmental areas, as violations can result in severe penalties and costly delays.

Understanding Suffolk County’s Wetlands Regulatory Framework

The New York State Freshwater Wetlands Act was passed in 1975 to preserve and protect wetlands and the functions they perform, such as flood protection and fish and wildlife habitat. The Department of Environmental Conservation is required to map all those wetlands that are protected by this law, and to make those maps available for inspection in all local government clerks’ offices. Official tidal wetlands maps showing the exact locations of New York’s regulated wetlands are on file at DEC regional offices in Regions 1, 2, and 3, and in the County Clerks’ Offices of Nassau, Suffolk, Bronx, Kings, New York, Queens, Richmond, Rockland, and Westchester Counties. They are also available at local assessing agencies in these areas.

To date, only three local governments have assumed the transfer of State jurisdiction under ECL Article 24 – the Town of Hempstead (Nassau County), the Town of Union (Broome County), and the Village of Southhampton (Suffolk County). This means that most Suffolk County municipalities work directly with state regulations, while some have their own additional local protections.

Critical Demolition Restrictions Near Wetlands

Property owners must be aware that activities that may have a negative impact on the wetlands and their functions, such as filling, draining, clearcutting vegetation, or polluting, are regulated. Landowners must first obtain permits in order to ensure that no problems result from their proposed actions in the wetland or in the protected buffer surrounding the wetland.

Garbage, asphalt, and construction and demolition materials are strictly forbidden for use as backfill behind bulkheads. This restriction is particularly important for demolition contractors, as improper disposal of demolition debris in wetland areas can result in significant penalties.

If your project might come within 300 ft. of a protected wetland (150 feet inland within NYC), you must mark the tidal wetland boundary and show this line on any site plans you submit with your permit application. You must also show any freshwater wetlands present on the site and mark their wetland boundary. Determination of the tidal and freshwater wetland boundaries is the responsibility of the applicant.

Permit Requirements and Buffer Zones

Different Suffolk County municipalities have varying setback requirements. In the Town of Southampton, construction of additions to an existing structure requires activities to occur no closer than 100 feet landward of the wetlands boundary, provided that a nonfertilization/nondisturbance buffer zone at least 75 in width would be maintained. In the Town of Riverhead, all applications for building permits, proposed subdivision maps or any development within 150 feet of the boundary of freshwater wetlands, natural or altered drainage systems require special review.

The permit process can be complex, requiring coordination with multiple agencies. Documentary proof of permits that have been applied for, are pending, and have been granted, including but not limited to NYSDEC, Suffolk County Health Department, USACOE is typically required for projects near wetlands.

Severe Penalties for Violations

The consequences for wetlands violations are substantial. Civil penalties available for violations are up to $2,500 per violation and an additional $1,000 for each day during which the violation continues; there is an additional $5,000 maximum per day for each day of deposition where the violation concerns the disposal of construction and demolition debris. A recent Suffolk County case involved a property owner who failed to remove construction and demolition debris that he used to fill tidal wetlands on his property, resulting in civil penalties of over $60,000 imposed by the DEC in 2000. With interest, the penalties now amount to over $90,000.

Why Professional Expertise Matters

Given the complexity of Suffolk County’s wetlands regulations, working with experienced professionals is essential. House Demolition Suffolk County NY projects require careful planning and compliance with multiple regulatory frameworks.

Green Island Group Corp. specializes in asbestos abatement, demolition, and environmental remediation services for residential, commercial, and public clients in New York State. The company is a certified minority and woman-owned business, committed to following NYS and NYC regulations for safe practices. They follow NYS, NYC, and USEPA regulations to ensure proper removal and protection of workers and occupants.

Green Island Group provides environmental, remediation, and demolition services to residential, commercial, and public customers in New York State. Based in Bohemia, Long Island, they are a leading company providing environmental, remediation and restoration services to municipal, commercial and residential customers in Long Island.

Best Practices for Compliance

Before submitting your application, and preferably very early in the planning stages of your project, visit your town or county clerk’s office or DEC regional office and ask to review the wetland maps. Locate your property and check whether or not a protected wetland is either on or adjacent to your property.

Property owners should also be aware that freshwater wetlands permits are required for areas designated on the freshwater wetlands maps. In many cases, these areas are near tidal wetlands, and their adjacent areas may overlap.

Conclusion

Suffolk County’s wetlands protection laws create a complex regulatory environment that requires careful navigation during demolition projects. The severe financial penalties and potential criminal sanctions make compliance essential, not optional. Property owners planning demolition projects near wetlands should consult with experienced professionals who understand both the environmental regulations and proper demolition procedures. Early planning, proper permitting, and adherence to buffer zone requirements are critical for successful project completion while protecting these valuable environmental resources.

Working with certified demolition contractors who understand Suffolk County’s unique regulatory requirements can help ensure your project proceeds smoothly while maintaining compliance with all applicable wetlands protection laws.