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Brookhaven, NY Historic Preservation: Historic-Cultural Monuments (2026)

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

Key Facts

Designation authority
Town Board, after public hearing
District petition threshold
Owners of 20% of parcels or acreage
Landmark notice
10 days' written notice to owner
First-offense fine
Up to $1,000 or 15 days jail
Repeat offense
Minimum $2,000 fine, misdemeanor
Unpermitted demolition penalty
Civil fine up to market value
Appeal path
Board of Appeals, zoning-appeal procedure

Summary

Brookhaven designates historic landmarks and historic districts by Town Board vote after a public hearing, on the Commissioner's recommendation with input from the Historic District Advisory Committee. A district petition needs signatures from owners of at least 20% of the affected parcels or acreage; landmark designation requires 10 days' written notice to the owner before the hearing.

An historic landmark may be established by the Town Board after holding a duly advertised public hearing on the matter and after receiving a written recommendation or report by the Commissioner. Written notice of the public hearing must be given to the owner of said property as shown on the current Town of Brookhaven assessment roll not less than 10 days prior to the date of the public hearing.

View official code

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

Under Brookhaven Code §§ 85-633 through 85-641, the Town Board finds that buildings, structures and areas of historical, architectural and unique aesthetic value contribute to the Town's cultural heritage and directs the Commissioner to safeguard them through historic district and historic landmark designation. The Town Board appoints a Historic District Advisory Committee of citizen members, one per district, including at least one registered architect and the Town Historian ex officio, to advise the Commissioner before any designation or land-use referral (§ 85-635). To create a historic district, a petition signed by owners of at least 20% of the parcels or acreage to be designated (excluding school district property) must be filed before the Commissioner can recommend the district to the Town Board, which then holds a duly advertised public hearing (§ 85-636A).

An individual historic landmark is designated the same way, except the Town Board must give the property owner written notice of the hearing at least 10 days in advance (§ 85-636C). Religious institutions can be excluded from a district by a five-member Town Board vote, and school district property is excluded outright (§ 85-636B). Once designated, the Commissioner reviews every building, demolition, moving, sign and site plan application affecting the property for its effect on the area's special character (§ 85-637), and an owner aggrieved by the Commissioner's or Chief Building Inspector's decision may appeal to the Board of Appeals using the same procedure as a zoning appeal (§ 85-638).

Anyone who demolishes, alters or lets a designated property fall into disrepair without required approvals must restore it to its pre-violation condition, and unpermitted demolition additionally triggers a civil fine of up to the market value of the property (§ 85-158D, § 85-641B).

Violations & Fines

A first conviction for violating the historic district or landmark provisions carries a fine up to $1,000 or up to 15 days in jail, or both, under § 85-158C. A second or later conviction is prosecuted as a misdemeanor, with a minimum $2,000 fine or 15 days to six months in jail, or both. Each week a violation continues counts as a separate offense, and unpermitted demolition adds a civil fine up to the property's market value.

Frequently Asked Questions

How does Brookhaven designate a historic landmark?
The Town Board designates an historic landmark after a duly advertised public hearing and a written recommendation from the Commissioner, and the property owner must receive written notice at least 10 days before the hearing under Brookhaven Code § 85-636C. There is no separate petition-signature threshold for an individual landmark the way there is for a historic district.
What percentage of owners must petition to create a historic district?
A petition signed by owners representing at least 20% of the number of parcels or 20% of the total acreage proposed for designation, excluding any school district property, must be filed before the Commissioner can recommend the district to the Town Board under § 85-636A.
What happens if I demolish a designated building without a permit?
Beyond the standard misdemeanor penalties in § 85-158C, unpermitted demolition of a designated historic landmark or district property triggers a separate civil fine of up to the market value of the property, before or after the violation, whichever is greater, under § 85-158D and § 85-641B.
Can a church or school be excluded from a historic district?
Yes. The Town Board can exclude a tax-exempt religious institution from a historic district by an affirmative vote of five members, and school district properties exempt from taxation under Real Property Tax Law § 408 are excluded from historic districts outright under § 85-636B.

Sources & Official References

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