Local Laws and Ordinances

Incorporated Village of Shoreham


VILLAGE OF SHOREHAM Local Law No. 2 of 1989

Coastal Erosion Hazard Area

2. REGULATIONS

2.1 Areas.

The Coastal Erosion Hazard Area is hereby established to classify land and water areas within the Village of Shoreham, based upon shoreline recession rates or location of natural protective features. The boundaries of the Area are established on the final map prepared by the New York State Department of Environmental Conservation under Section 34-0104 of the New York State Environmental Conservation Law and entitled, "Coastal Erosion Hazard Area Map of the Village of Shoreham", including all amendments made thereto by the Commissioner of the New York State Department of Environmental Conservation pursuant to Section 34-0104 of the New York State Environmental Conservation Law.

2.2 Requirements.

No person may engage in any regulated activity in an Erosion Hazard Area as depicted on the Coastal Erosion Hazard Areas Map of the Village of Shoreham, as amended, without first obtaining a Coastal Erosion Management Permit. No Coastal Erosion Management Permit is required for unregulated activities.

2.3 General Standards.

A Coastal Erosion Management Permit will be issued only with a finding by the Administrator that the proposed regulated activity:

  1. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location.

  2. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations.

  3. Prevents, if possible, or minimizes adverse effects on natural protective features and their functional and protective values, existing erosion protection structures, and natural resources.

2.4 Structural Hazard Area Restrictions.

The following restrictions apply to regulated activities within Structural Hazard Areas:

  1. A Coastal Erosion Management Permit is required for the installation of public service distribution, transmission, or collection systems for gas, electricity, water, or wastewater. Systems installed along the shoreline must be located landward of the shoreline structures.

  2. The construction of non-movable structures or placement of major non-movable additions to an existing structure is prohibited.

  3. Permanent foundations may not be attached to movable structures, and any temporary foundations are to be removed at the time the structure is moved. Below grade footings will be allowed if satisfactory provisions are made for their removal.

  4. No movable structure may be located closer to the landward limit of a bluff than 25 feet.

  5. No movable structure may be placed or constructed such that according to accepted engineering practice, its weight places excessive groundloading on a bluff.

  6. Plans for landward relocation of movable structures must be included with each application for a permit. Movable structures which have been located within a Structural Hazard Area pursuant to a Coastal Erosion Management Permit must be removed before any part of the structure is within 10 feet of the receding edge. The last owner of record, as shown on the latest assessment roll, is responsible for removing that structure and its foundation, unless a Removal Agreement was attached to the original Coastal Erosion Management Permit. With the attachment of a Removal Agreement to the Coastal Erosion Management Permit, the landowner or the signator is responsible for the landward relocation of movable structures. Removal Agreements may be made when the last owner of record and the owner of the structure are different with the approval of the Village, at the time the permit is issued.

  7. Debris from structural damage which may occur as a result of sudden unanticipated bluff edge failure, dune migration, or wave or ice action must be removed within sixty (60) days of the damaging event.

  8. Any grading, excavation, or other soil disturbance conducted within a Structural Hazard Area must not direct surface water runoff over a bluff face.

2.5 Nearshore Area Restrictions.

Nearshore areas dissipate a substantial amount of wave energy before it is expended on beaches, bluffs, or dunes by causing waves to collapse or break. Nearshore areas also function as reservoirs of sand, gravel, and other unconsolidated material for beaches. Sandbars, which are located In nearshore areas, control the orientation of incoming waves and promote the development of ice cap formations which help protect shorelines during winter storms. The roots of aquatic vegetation in nearshore areas bind fine grained silts, clays, and organic matter to form a fairly cohesive bottom that resists erosion.

The following restrictions apply to regulated activities in nearshore areas:

  1. Excavating, grading, mining, or dredging which diminishes the erosion protection afforded by nearshore area is prohibited, except construction or maintenance of navigation channels, bypassing sand around natural and man-made obstructions and artificial beach nourishment, all of which require a Coastal Erosion Management Permit.

  2. Clean sand or gravel of an equivalent or slightly larger grain sire is the only material which may be deposited within nearshore areas. Any deposition will require a Coastal Erosion Management Permit.

  3. All development is prohibited in nearshore areas unless specifically provided for by this local law.

2.6 Beach Area Restrictions.

Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes of bluffs or dunes. Beaches that are high and wide protect shorelands from erosion more effectively than beaches that are low or narrow. Beaches also act as reservoirs of sand or other unconsolidated material for longshore littoral transport and offshore sandbar and shoal formation.

The following restrictions apply to regulated activities in beach areas:

  1. Excavating, grading, or mining which diminishes the erosion protection afforded by beaches is prohibited.

  2. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within beach areas. Any deposition will require a Coastal Erosion Management Permit which may be issued only for expansion or stabilization of beaches.

  3. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the Department.

  4. All development is prohibited on beaches unless specifically provided for by this local law.

  5. The restoration of existing structures on beaches that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a Coastal Erosion Management Permit.

2.7 Dune Area Restrictions.

Dunes prevent overtopping and store sand for coastal processes. High, vegetated dunes provide a greater degree of protection than low, unvegetated ones. Dunes are of the greatest protective value during conditions of storm induced high water. Because dunes often protect some of the most biologically productive areas as well as developed coastal areas, their protective value is especially great. The key to maintaining a stable dune system is the establishment and maintenance of beachgrass or other vegetation on the dunes and assurance of a supply of nourishment sand to the dunes.

The following restrictions apply to regulated activities in dune areas:

  1. In primary dune areas:

    1. Excavating, grading, or mining of primary dunes is prohibited.

    2. Clean sand of a compatible type and size is the only material which may be deposited. Any deposition requires a Coastal Erosion Management Permit.

    3. All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be placed so as to increase the size of, or restore a dune or dune area.

    4. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the Department.

    5. Non-major additions to existing structures are allowed on primary dunes pursuant to a Coastal Erosion Management Permit and subject to permit conditions concerning the location, design, and potential impacts of the structure on the primary dune.

    6. Stone revetments or other erosion protection structures compatible with primary dunes will only be allowed at the waterward toe of primary dunes, and must not interfere with the exchange of sand between primary dunes and their fronting beaches.

  2. In secondary dune areas:

    1. All depositions must be of clean sand of a compatible type and size, and all grading must be performed so as to increase the size of, or restore, a dune or former dune area.

    2. Excavating, grading, or mining must not diminish the erosion protection afforded by them.

    3. Non-major additions to existing structures are allowed on secondary dunes pursuant to a Coastal Erosion Management Permit.

    4. Permitted construction, reconstruction, restoration, or modifications must be built on adequately anchored pilings such that at least 3 feet of open space exists between the floor joists and the surface of the secondary dune; and the permitted activity must leave the space below the lowest horizontal structural members free of obstructions.

  3. All other activities and development in dune areas are prohibited unless specifically provided for by this local law.

  4. The restrictions of Section 2.10, Traffic Control, apply to dune areas.

  5. The restoration of existing structures in dune areas that are damaged or destroyed by events nor related to coastal flooding and erosion may be undertaken without a Coastal Erosion Management Permit.

2.8 Bluff Area Restrictions.

Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water.

Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features.

  1. The following activities are prohibited on bluffs:

    1. Excavating or mining except when in conjunction with conditions stated in a Coastal Erosion Management Permit issued for minor alterations in construction of an erosion protection structure or for provision of shoreline access.

    2. The restrictions of Section 2.10, Traffic Control, apply to bluffs.

    3. All development unless specifically allowed by Subdivision 2.8 of this local law.

    4. Disturbance of active bird nesting and breeding areas unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the Department.

    5. Soil disturbance that directs surface water runoff over a bluff face.

  2. Activities specifically allowed under this Subdivision are:

    1. Minor alteration of a bluff done in accordance with conditions stated in a Coastal Erosion Management Permit issued for new construction, modification or restoration of an erosion protection structure.

    2. Bluff cuts done in accordance with conditions stated in a Coastal Erosion Management Permit issued for the provision of shoreline access, where:

      1. Cut is made in a direction perpendicular to the shoreline.

      2. Ramp slope may not exceed 1:6.

      3. Side slopes may not exceed 1:3 unless terraced or otherwise structurally stabilized.

      4. Side slopes and other disturbed non-roadway areas must be stabilized with vegetation or other approved physical means.

      5. Completed roadway must be stabilized and drainage provided for.

    3. New construction, modification or restoration of walkways or stairways done in accordance with conditions of a Coastal Erosion Management Permit.

    4. Non-major additions to existing structures may be allowed on bluffs pursuant to a Coastal Erosion Management Permit.

    5. The restoration of existing structures on bluffs that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a Coastal Erosion Management Permit.

2.9 Erosion Protection Structure Requirements.

The following requirements apply to the construction, modification, or restoration of erosion protection structures:

  1. The construction, modification, or restoration of erosion protection structures must:

    1. Not be likely to cause a measurable increase in erosion at the development site or at other locations.

    2. Minimize, and if possible, prevent adverse effects upon natural protective features, existing erosion protection structures, and natural resources such as significant fish and wildlife habitats.

  2. All erosion protection structures must be designed and constructed according to generally accepted engineering principles, or where sufficient data is not currently available, a likelihood of success in controlling long-term erosion. The protective measures must have a reasonable probability of controlling erosion on the immediate site for at least 30 years.

  3. All materials used in such structures must be durable and capable of withstanding inundation, wave impacts, weathering, and other effects of storm conditions for a minimum of 30 years.

    Individual component materials may have a working life of less than 30 years only when a maintenance program ensures that they will be regularly maintained and replaced as necessary to attain the required 30 years of erosion protection.

  4. A long-term maintenance program must be included with every permit application of construction, modification, or restoration of an erosion protection structure. The maintenance program must include specifications for normal maintenance of degradable materials. To assure compliance with the proposed maintenance programs, a bond may be required.

2.10 Traffic Control.

    Motorized and non-motorized traffic must comply with the following restrictions:

  1. Motor vehicles must not travel on vegetation, must operate waterward of the debris line, and when no debris line exists must operate waterward of the waterward toe of the primary dune or bluff.

  2. Motor vehicle traffic is prohibited on primary dunes, except for officially designated crossing areas, and on bluffs.

  3. pedestrian passage across primary dunes must utilize elevated walkways and stairways or other specially designed dune crossing structures.

Next Section

Village Code Index

Home