Why Every Real Estate Broker Should Care About 1981

The Suffolk County Department of Health Services is often thought to be the place where you go to get your septic system approved for installation or your food permit for your new restaurant. What many people do not know is that the Department also has jurisdiction over lot line modifications and subdivisions.

A lot line modification is a shift of one or more lot lines between two properties, but not resulting in any additional building lots. On the other hand, subdivisions are divisions of a single property into more than one building lot, thereby creating additional units of density (or building lots). There are several agencies with jurisdiction over these matters and most are familiar to many of us. For example, it is likely that the Planning Board has jurisdiction over these matters in your hometown. However, many do not know that the Health Department has jurisdiction as well.

Unfortunately, when the law changed in 1981, many local practitioners were not aware that the Health Department had taken jurisdiction over subdivisions. That means there are many, many properties that have never received health department approval for subdivision. The way this issue arises in a transaction is you think you are buying or selling a single and separate lot, but it actually hasn’t been formally divided by the Health Department.

The way the Health Department determines if it approved your subdivision or lot line modification is by looking at the Suffolk County Tax Map from 1981. If the size and shape of your lot match, you are fine. If there is a difference of even one foot, they want to know if the line shifted and, if so, you must apply for approval from the Health Department.

We’ve had at least a dozen clients find themselves in this circumstance and the remedy is painful. You are required to go back to the Health Department many years later, seeking approval before you can get permits from your local building department for any new improvements on your lot. At this point, the two lots may have different owners, but both must participate in the subdivision process. That means you need a neighbor willing to join your application process. On top of the cost of survey work, legal work, and filing fees, the septic systems on both lots must be in conformance with current regulations. This means that old systems must be removed and upgraded to new I/A systems before subdivision approval is granted – a process likely to take months to complete with even more added expense. In the meantime, whatever plans your client has for the property must be put on hold until the subdivision process is complete.

The Adam Miller Group, PC opened in August 2007 in Bridgehampton, NY. The law firm focuses on, but is not limited to, all aspects of real estate transactions – representing and advising clients in acquisitions, planning, zoning, financing, sales and leasing of residential and commercial properties. The practice is headed by Adam M. Miller who has a considerable range of experience in both New York City and the East End. Prior to opening his firm, Mr. Miller was counsel at the Bridgehampton office of Farrell Fritz, P.C., and served in the real estate department of Proskauer Rose, LLP in Manhattan.

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.