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Southampton Village, NY Animal Ordinances: Bird Protection (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Beach rule
§ 49-11(B)(3): nesting and breeding areas must not be disturbed
Primary dune rule
§ 49-12(B)(1)(d), same prohibition
Bluff rule
§ 49-13(A)(4), approval by NYS DEC or authorized agency
Exception
Specific wildlife management activity approved in writing
Enforced by
The Administrator (§ 49-28)
Penalty ceiling
Fine up to $2,000 or 15 days (§ 1-17)

Summary

In the Village of Southampton, active bird nesting and breeding areas on beaches, primary dunes and bluffs must not be disturbed unless the disturbance is part of a specific wildlife management activity approved in writing. The rule appears in §§ 49-11, 49-12 and 49-13 of the Coastal Erosion Hazard Area Law.

The following restrictions apply to regulated activities in beach areas: ... (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. ... (d) 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 this Department. ... The following activities are prohibited on bluffs: ... (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 of Environmental Conservation of the State of New York or any other authorized regulatory agency.

Full Breakdown

The protection comes from Chapter 49, the Village of Southampton Coastal Erosion Hazard Area Law, adopted 12-9-1988 as L.L. No. 7-1988. It is written three times, once for each natural protective feature. For beaches, § 49-11(B)(3) says active bird nesting and breeding areas must not be disturbed unless the disturbance follows a specific wildlife management activity approved in writing by the Department. For primary dunes, § 49-12(B)(1)(d) repeats the sentence. For bluffs, § 49-13(A)(4) lists disturbance of active bird nesting and breeding areas among the prohibited activities and names the approving body: the New York State Department of Environmental Conservation or any other authorized regulatory agency. The secondary dune clause in § 49-12(B)(2) carries no bird provision.

The features are defined in § 49-5. A beach runs from the mean low-waterline landward to the waterward toe of a dune or bluff, and where no dune or bluff exists the landward limit is 100 feet landward from the marked change in material or physiographic form or from the line of permanent vegetation, whichever is most waterward. The landward limit of a primary dune is 25 feet landward of its landward toe, and the landward limit of a bluff is 25 feet landward of the receding edge.

The prohibition sits beside the permit system. Section 49-7 requires a coastal erosion management permit for any regulated activity in an erosion hazard area, and § 49-8 allows the Administrator to issue one only on a finding that the activity prevents, if possible, or minimizes adverse effects on natural protective features and natural resources. Section 49-11(B)(4) adds that all development is prohibited on beaches unless the chapter provides for it. The purpose clause in § 49-3 includes protecting natural protective features and other natural resources.

Violations & Fines

Section 49-32 sends violations of Chapter 49 to the penalties in Article II of Chapter 1, where § 1-17 sets a fine not exceeding $2,000 or imprisonment not exceeding 15 days, or both, plus community service at the court's discretion. The Administrator transmits written notices of violation under § 49-28, and each day of a continuing violation is a separate offense.

Frequently Asked Questions

Can I disturb a bird nesting area on the beach in the Village of Southampton?
Not unless the disturbance follows a specific wildlife management activity approved in writing. Section 49-11(B)(3) says active bird nesting and breeding areas on beaches must not be disturbed otherwise. The beach is the zone from the mean low-waterline landward to the waterward toe of a dune or bluff.
Does the bird rule cover dunes and bluffs too?
Yes for primary dunes and bluffs. Section 49-12(B)(1)(d) covers primary dunes and § 49-13(A)(4) lists disturbance of active bird nesting and breeding areas as prohibited on bluffs. The secondary dune clause in § 49-12(B)(2) does not repeat the bird sentence.
Who approves a wildlife management exception?
The beach and primary dune clauses say approval in writing by the Department. The bluff clause is more specific: the New York State Department of Environmental Conservation of the State of New York or any other authorized regulatory agency. In each case the approval must be in writing and tied to a specific wildlife management activity.
Does a coastal erosion permit let me work in a nesting area?
No. Section 49-8 allows the Administrator to issue a permit only on a finding that the activity prevents, if possible, or minimizes adverse effects on natural protective features and natural resources. A permit does not replace the separate rule against disturbing active nesting and breeding areas.
What is the penalty for disturbing a nesting area?
Chapter 49 violations fall under Article II of Chapter 1. Section 1-17 sets a fine not exceeding $2,000 or imprisonment not exceeding 15 days, or both, and the court can add community service. Each day of a continuing violation counts as a separate offense.

Sources & Official References

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