Brookhaven, NY Cannabis Regulations: Buffer Zones (2026)

Brookhaven zones cannabis retail sales and cannabis indoor smoking establishments as Board of Appeals special permit uses confined to the L Industrial 1 District under § 85-564L and M, reviewed against the general criteria of Article V, § 85-57A plus the specific standards at § 85-569S. Those standards prohibit the uses within a 500-foot radius of any residential use or zone, though land owned by public utilities, publicly owned or railroad rights-of-way, and land owned by New York State, Suffolk County or the Town of Brookhaven (other than parkland) is excluded from that radius calculation.

Section 85-569S(2) separately bars one cannabis establishment from locating within a one-mile radius of another such establishment, and Section 85-569S(3) adds a 500-foot buffer measured lot line to lot line from any premises used as school grounds, a place of worship, park, playground, public youth facility, playing field or library. No more than one cannabis retail sales establishment and one cannabis indoor smoking establishment may be located on any single lot under § 85-569S(4), and a smoking establishment specifically must show proof of an adequate ventilation and air filtration system under § 85-569S(5).

Because the buffers stack with the L Industrial 1 District confinement, an applicant effectively needs industrially zoned land that clears the residential setback, the school/park/worship setback and the mile spacing from any competitor all at once before the Board of Appeals will even take up the special permit application.