New Fill Regulations in Southampton Village

The Village of Southampton has adopted a new Chapter of its Code relating to the importation, exportation or excavation of fill on your property.

Many building projects on the East End require that the contractor bring fill or remove fill on the property to modify the grade for a variety of purposes, including creating adequate drainage.

In May of 2024, the Village enacted a local law requiring that any fill placed on the property must be set back twenty (20) feet from the perimeter of the property for lots greater than 40,000 square feet in size and five (5) feet for properties less than 40,000 square feet. However, this provision of the Code does not prevent the creation of a swale to convey and treat stormwater runoff.

Any deposit of soil or grading that changes the natural grade or existing topographical elevation of the property also requires Planning Board site plan approval. This procedural requirement must be completed prior to doing the work at the site. The Planning Board must affirmatively find that the importation of fill shall not cause damage to Village roads or other Village resources; the placement of any fill shall not cause adverse changes in existing surface water runoff patterns; any change in topography resulting from the placement or removal of fill shall be necessary to the reasonable development of the site; and granting of any approval of a permit hereunder shall achieve a harmonious balance between existing site topography and any development activity at said site.

Any application for a fill permit or site plan approval under the Code for regulated fill activities shall include the following:

1. A detailed statement of the proposed work, the proposed excavation or importation and exact condition of the plot or premises before the work proposed to be accomplished under the requested permit is commenced and proposed topography of said plot or premises when the work is completed.
2. An estimate prepared by a licensed engineer of the total volume of fill proposed to be excavated, or imported to the property.
3. The elevations of all abutting properties to the extent available and to the extent necessary to indicate the existing drainage condition and its relationship to the subject property.
4. A duly acknowledged consent of the owner of the premises, including addresses.
5. Where the application pertains to land used in agricultural production, the application must be referred to the Commissioner of Agriculture and Markets of the State of New York or his or her duly appointed agent or representative to ascertain that any fill to be exported is apparently free from golden nematode or similar condition.
6. The purpose of the proposed excavation or importation.
7. The groundwater level at the location as determined by a current test well or boring.
8. The procedures whereby dust or other fugitive or windborne materials shall be controlled.
9. A current site plan including such topographical data as required by the Planning Board.
10. A statement by a licensed engineer attesting that there will be a minimum of two-inch stormwater retention on the property.

Please call us at 631.537.1155 with any questions about the new law, or if we can help one of your clients navigate this ever-changing zoning world.

*NOTE: Nothing contained herein shall be construed as legal advice and in no way should be relied upon without the advice of an attorney.