Brookhaven, NY Right to Farm: Agricultural Zoning Protection (2026)

Open farming sits fourth on the list of principal uses the Town allows outright in the A Residence District, Brookhaven's base residential zoning classification, alongside one-family dwellings, churches, convents and monasteries under § 85-190A. That means a qualifying farm doesn't need a variance, special permit, or use hearing before the Zoning Board of Appeals to operate in a residential zone; it's treated as a matter-of-right use just like a house. The tradeoff is a placement rule: no storage of manure, compost, mulch, or other odor- or dust-producing substances within 150 feet of any street line, which pushes farm byproduct storage toward the interior of the lot and away from passing traffic and neighboring frontages.

Farm operators may sell their own farm, garden, or nursery products at retail or wholesale directly from the property, but the section draws a line against turning the farm into a commercial mulch or compost yard: screening and selling compost or mulch to others isn't covered by this permitted-use language. Separately, the Town's site plan review requirement at § 85-113 exempts permitted agricultural uses, other than horse farms, from having to go through site plan review and approval before starting operations, reinforcing that farming moves forward with minimal zoning friction compared to most other land uses in the district. Horse farms are carved out of that exemption and still need site plan review.