Brookhaven, NY Animal Ordinances: Bird Protection (2026)
Key Facts
- Governing section
- Brookhaven Code § 9-30
- Covered birds
- Federal ESA-listed endangered/threatened species
- Covered area
- Ocean and Sound shorelands and embayments
- Max penalty
- $250 fine or 10 days jail
- Emergency power
- Town Supervisor may issue restrictive orders
Summary
Brookhaven Code § 9-30 bars disturbing, harming, hunting, trapping, or entering a flagged nesting or foraging area of any bird listed as endangered or threatened under the federal Endangered Species Act on Town shorelands along the Atlantic Ocean, Long Island Sound, and their embayments.
No person shall: (1) Disturb, endanger, harass, harm, pursue, hunt, shoot, wound, trap, capture or collect any endangered species of bird that may nest or forage on a shoreland. (2) Alter, remove or tamper with any fence, rope, signage or flagging designating a nesting or foraging area of any endangered species of bird. (3) Unless authorized, enter any fenced, roped or flagged area designating a nesting area of any endangered species of bird.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).
Full Breakdown
Article IV of Chapter 9 (Beaches), added in 2000, applies to Town shoreland fronting the Atlantic Ocean side of Fire Island, Long Island Sound, and the Sound's embayments, running from the mean low water line to the seaward toe of a dune or bluff, or 100 feet landward of the marked vegetation line where no dune exists. § 1533, that nest or forage on that shoreland. S. Fish and Wildlife Service currently lists, most relevantly the piping plover on Brookhaven's ocean and Sound beaches. Section 9-29 separately targets motor vehicles, barring anyone from operating a vehicle in a way that disturbs, harasses, or harms a listed bird, or from driving into an area fenced, roped, or flagged to mark a nesting or foraging site, which is how the Town protects piping plover nests during beach driving season on the Great South Beach.
Both § 9-29 and § 9-30 let the Town Supervisor issue executive orders imposing emergency measures restricting shoreland use, up to and including vehicle access, whenever needed to protect a listed species, giving the Town a faster tool than a Town Board local law when a new nest is found mid-season.
Violations & Fines
Section 9-31 makes any violation of Article IV, including disturbing a listed bird or entering a flagged nesting area, an offense punishable by a fine not to exceed $250, imprisonment for up to 10 days, or both, for each violation. Emergency Supervisor's orders restricting shoreland access carry the same penalty exposure once issued.
Frequently Asked Questions
Which birds does Brookhaven's shoreland protection law cover?
Can I walk into a fenced nesting area on a Brookhaven beach?
What is the penalty for disturbing a protected bird in Brookhaven?
Sources & Official References
Other rules in Brookhaven
New York rules heatmap·Compare Brookhaven to another location·View the New York animal ordinances overview
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