Southampton Village, NY Right to Farm: Agricultural Zoning Protection (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?
Can I run a tractor on a Sunday in July?
Does the rule cover a home vegetable garden?
Are barns and silos held to the normal height limit?
Sources & Official References
Other rules in Southampton Village
New York rules heatmap·Compare Southampton Village to another location·View the New York right to farm overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.