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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Where it applies
Any district in the Village of Southampton
Cover crop trigger
Cultivated land of one acre or more
Cover crop deadline
Within two weeks of harvest, never later than October 30
Machinery hours, July and August
Weekdays not before 6:00 a.m. or after 9:00 p.m.
Sundays, July and August
No motor-driven machinery without specific governing body approval
Maximum fine
$2,000 per violation under § 1-17

Summary

In any district of the Village of Southampton, agricultural and gardening uses must meet two conditions under § 116-10: cover crops on cultivated land of one acre or more within two weeks of harvest and no later than October 30, and a July and August limit on motor-driven machinery hours, including no Sunday use.

In any district, agricultural and gardening uses shall comply with the following requirements: A. Cover crops shall be planted or sown on all cultivated land of one acre or more within two weeks of the date when crops are harvested therefrom and in no event later than October 30 of any year. Such crops shall be grown and maintained in such condition as to protect the soil against wind erosion at all times to the full extent possible after the use of such due diligence as a reasonably prudent farmer or gardener would employ or exercise under all circumstances. B. During the months of July and August, motor-driven machinery used in connection with working the land shall not be employed on any weekday before 6:00 a.m. or after 9:00 p.m. or at any time on Sundays, except with the specific approval of the municipal governing body.

Full Breakdown

Section 116-10 of the Village of Southampton zoning chapter is titled "Agriculture, gardening and animal husbandry as principal uses." Its operative text opens with "In any district," so the two conditions follow farming and gardening wherever it occurs inside the Village limits, not only in one farm district. The section is a set of conduct conditions. It does not itself print any shield against nuisance complaints.

The first condition protects the soil. Cover crops must be planted or sown on all cultivated land of one acre or more within two weeks of the date when crops are harvested from it, and in no event later than October 30 of any year. The crops must be grown and maintained so that they protect the soil against wind erosion at all times to the full extent possible, using the due diligence a reasonably prudent farmer or gardener would employ under all circumstances. The cover crop duty is written for cultivated land of one acre or more.

The second condition limits machinery hours in peak season. During July and August, motor-driven machinery used in connection with working the land cannot be employed on any weekday before 6:00 a.m. or after 9:00 p.m., or at any time on Sundays, except with the specific approval of the municipal governing body, which in the Village of Southampton is the Board of Trustees. Because the text says "agricultural and gardening uses," the hours rule reaches gardens as well as farms.

Other parts of Chapter 116 touch farming. Section 116-12A(3) lifts the district height limit for barns, silos or similar farm structures in districts where agriculture is a permitted use. The zoning chapter's statement of purposes also lists preservation of prime agricultural lands and natural areas.

Violations & Fines

Section 116-40 makes the owner, the lessee or tenant, and any agent or contractor who takes part in a zoning violation liable. On conviction, Chapter 1, Article II applies: a violation under the New York Penal Law punishable by a fine not exceeding $2,000, imprisonment not exceeding 15 days, or both, plus court-directed community service (§ 1-17). Continuing violations count each day as a separate offense, and § 116-40C allows court action to restrain or abate them.

Frequently Asked Questions

When must cover crops be planted in the Village of Southampton?
Section 116-10A requires cover crops on all cultivated land of one acre or more within two weeks of the date crops are harvested, and in no event later than October 30 of any year. The crops must be kept in a condition that protects the soil against wind erosion at all times to the full extent possible.
Can I run a tractor on a Sunday in July?
Not without approval. Section 116-10B bars motor-driven machinery used in connection with working the land at any time on Sundays during July and August, except with the specific approval of the municipal governing body. On weekdays in those months the cutoffs are before 6:00 a.m. and after 9:00 p.m.
Does the rule cover a home vegetable garden?
The section applies to "agricultural and gardening uses" in any district, so the July and August machinery hours reach a garden worked with motor-driven machinery. The cover crop duty in § 116-10A is written for cultivated land of one acre or more, so a small plot falls below that trigger.
Are barns and silos held to the normal height limit?
Section 116-12A(3) says nothing in the height regulations restricts the height of barns, silos or similar farm structures in districts where agriculture is a permitted use. Under § 116-12B such a structure cannot exceed 10% lot coverage, cannot be used for residence or tenancy, and cannot carry a sign.

Sources & Official References

Other rules in Southampton Village

All Southampton Village rules

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