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

Section 330-47 finds that the Bridgehampton and Haven Soil Associations in the Town of Southampton are among the most productive soils in New York State and, despite growing development pressure, designates those lands as the Agricultural Overlay District to keep farming economically feasible. The Town and Suffolk County have preserved roughly 18% of the agricultural land base by purchasing development rights and another 12% through private subdivision reserves and land trust easements, with the Town's own reserve program protecting about 900 acres. Under Section 330-48, the Town Board sets the size and intensity of any residential development site within the overlay by weighing a current appraisal of the whole tract, the development intensity needed to match that value, an appraisal of the residential portion alone, Planning Board compatibility findings against the 1970 Master Plan, and how well the resulting agricultural reserve serves the district's purpose.

Section 330-49 lets an applicant transfer the tract's development or capital value to an approved, even noncontiguous, off-site parcel, processed as a noncontiguous planned residential cluster under Chapter 247. Section 330-50 lets landowners sell development rights to the Town outright: the Town Board solicits offers on the recommendation of the Community Preservation Advisory Board and Agricultural Advisory Committee, holds a public hearing, and must accept or reject within 60 days. Once rights transfer, Section 330-50D bars new structures except those the Permit Administrator authorizes by waiver letter, such as fence, irrigation and storage-building repairs, or by a Planning Board construction permit for buildings accessory to agricultural production as defined in New York Agriculture and Markets Law Section 301.