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Smithtown, NY Water Use Rules: Leak Reporting Duty (2026)

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

Key Facts

Reporting duty
Leaks reported and repaired immediately
Repair cost
Billed to the owner or consumer
Non-compliance remedy
District may cut off water supply
Winter vacancy duty
Owner must notify district before closing house
District access
Board may enter premises to inspect/repair anytime

Summary

Consumers on the Smithtown and St. James Water Districts must report and repair any leak in their service line immediately, at their own cost. Under Town Code Section 312-32, the district can cut off water to any customer who fails to promptly fix a reported leak.

All leaks in any service line or appurtenance into and through which district water is supplied shall be reported and repaired immediately, at the cost and expense of the owner or consumer. In the event that such leak or leaks shall not be promptly reported and repaired, the district shall have the right to cut off the supply of water to such consumer.

Full Breakdown

Chapter 312, Water Districts, is administered by the Board of Water Commissioners of the Smithtown and St. James Water Districts. Section 312-32A puts the reporting and repair duty, and the full cost of that repair, on the property owner or consumer, and backs it with a shutoff remedy rather than a criminal fine. A companion rule in Section 312-32B addresses vacant properties: an owner or consumer who closes a house for a period, especially in cold weather, must notify the district so the meter can be read and the curb stop or ring-style valves closed.

If the owner fails to give that notice and pipes burst from freezing, the owner pays for all the water lost, with the quantity estimated by the district and added to the next bill as if it were regular water rent. Related sections reinforce the owner's responsibility for the district's equipment: Section 312-31B makes the owner pay for repairing or replacing a damaged or destroyed meter, Section 312-33B requires the consumer to notify the district immediately if a meter stops registering or otherwise malfunctions, and Section 312-28 gives the Board and its agents the right to enter the premises at any time to read, inspect, repair, maintain, remove or test the water facilities and meters.

Violations & Fines

There is no separate fine schedule for an unreported leak; the code's own enforcement tool is a water shutoff. If a leak is not promptly reported and repaired, Section 312-32A lets the district cut off the supply to that consumer, and the owner or consumer still owes the full repair cost. Failing to notify the district before closing a house for winter makes the owner liable for the entire cost of any water lost through frozen or burst pipes, as estimated by the district and billed with the next regular charge.

Frequently Asked Questions

Who pays to fix a water leak on my property in Smithtown?
You do. Section 312-32A of the Town Code makes the owner or consumer responsible for reporting and repairing any leak in a service line or appurtenance immediately, at their own cost and expense, whether the leak is on private plumbing or the connection to the district main.
What happens if I don't report a leak?
The Smithtown and St. James Water Districts have the right to cut off your water supply if a leak is not promptly reported and repaired, under Section 312-32A. You remain responsible for the repair cost regardless of when the shutoff happens.
Do I need to tell the water district if I close up my house for the winter?
Yes. Section 312-32B requires you to notify the district so the meter can be read and the curb stop closed. If you don't, and pipes burst from freezing, you pay for all the water lost, estimated by the district and added to your next bill.

Sources & Official References

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