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Southampton, NY Environmental Rules: Stormwater Management (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Disturbance threshold
1 acre or part of a larger plan
Plan required
SWPPP approved by Stormwater Mgmt. Officer
Approving state permit
SPDES Permit No. NYR20A454
First-offense fine
Up to $1,000 and/or 6 months jail
Civil penalty
$1,000 per day of violation

Summary

Chapter 285 makes any construction project that disturbs an acre or more of land in the Town of Southampton get a Stormwater Management Officer-approved pollution prevention plan before any building permit or Planning Board sign-off, tying local approval to the state SPDES construction permit.

LAND DEVELOPMENT/REDEVELOPMENT ACTIVITY Construction activity, including clearing, grading, excavating, soil disturbance, or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development or redevelopment activities may take place on different schedules. ... No application for approval of a land development or redevelopment activity shall be approved until the SMO has received, reviewed, and accepted a SWPPP prepared in accordance with the specifications in this chapter.

Full Breakdown

Southampton adopted Chapter 285, Stormwater Management and Erosion and Sediment Control, in 2010 under its Municipal Home Rule Law authority, after the Town obtained SPDES Permit No. NYR20A454 from the state Department of Environmental Conservation covering its own storm sewer discharges. The chapter's applicability turns on the defined term land development/redevelopment activity, which under Section 285-5 means construction activity, including clearing, grading, excavating, soil disturbance or fill placement, that disturbs one acre or more, or a smaller parcel that is part of a larger common plan of development or sale.

Any project meeting that threshold must, under Section 285-9A(1), have its stormwater pollution prevention plan, called a SWPPP, received, reviewed and accepted by the Town's Stormwater Management Officer before the Planning Board signs plans or the Building Department issues a permit. The SWPPP has to be filed along with a Notice of Intent that gets forwarded to the state, and it must be kept current: the owner or operator has to amend it whenever it proves ineffective or the site design changes in a way that affects pollutant discharge.

A handful of activities are exempt outright under Section 285-7, including agricultural activity, home gardening, cemetery graves and routine landscaping, but exempt or not, any stormwater practice already built on a site must still be kept in good working order by the landowner.

Violations & Fines

The Town can issue a written notice of violation and a stop-work order for noncompliant land development under Section 285-13A and B. Criminal penalties under Section 285-13D run up to $1,000 and/or six months in jail for a first offense, $1,000 to $2,500 for a second offense within five years, and $2,500 to $5,000 for a third or later offense within five years, with each day of continued violation a separate offense. The Town Attorney can also pursue civil penalties of $1,000 per day, or part of a day, of continuing violation.

Frequently Asked Questions

When does a Southampton building project need a stormwater plan?
When the land development or redevelopment activity disturbs one acre or more, or is part of a larger common plan of development that reaches that size, under Section 285-5's definition. The Stormwater Management Officer must accept the SWPPP before the Town issues approvals.
Who approves stormwater plans in the Town of Southampton?
The Town's Stormwater Management Officer, who reviews every SWPPP under Section 285-9A(1) before the Planning Board signs plans or the Building Department issues a permit for the project.
Are small residential projects exempt from Southampton's stormwater law?
Only specific activities are exempt outright under Section 285-7, such as agricultural activity, home gardening and routine landscaping. A project under one acre that is part of a larger common plan of development still counts toward the threshold and needs a SWPPP.

Sources & Official References

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