Smithtown, NY Environmental Rules: Boat Dock Permits (2026)

Chapter 138, Dredging, governs waterfront structures. Section 138-21A bars anyone from erecting, reconstructing, removing or repairing a dam or impoundment structure, or any dock, pier, wharf or other landing structure, or a bulkhead, in or across underwater lands without a permit. Under § 138-21B, the applicant files an original and 11 conformed copies of an application with the Town Clerk identifying the applicant, the purpose of the structure, and the names and addresses of all owners of contiguous land from the current assessment roll, accompanied by plans and specifications prepared by a New York-licensed professional engineer.

Section 138-21C sets the filing fee at $500 and routes the application to the Conservation Board for a hearing conducted under the same notice procedure as § 138-6, including certified-mail notice to neighbors within 200 feet at least 10 days before the hearing. Under § 138-21D, the Town Board may adopt a resolution directing issuance of the permit if the structure will not violate the § 138-14 standards protecting watercourses, wetlands and adjoining lands; the applicant must then separately obtain a Building Department permit before construction starts.

A performance bond is not required if the estimated project cost is under $5,000, and an annual permit is not required for seasonal docks after the original permit issues, unless the size, dimension or location changes. Section 138-21E lets the Town Board waive or lower requirements for small projects that would otherwise face a hardship, and § 138-19 notes the permit may also need Army Corps of Engineers or other federal or state approval.