Is a parcel in the pine barrens?	Review by Other Agencies
Legislation, Plan and Jurisdiction	Development, Land Use and Permits Issued
Filing an Application	Complaints, Investigations, and Violations

For assistance in determining whether a specific parcel is within the Central Pine Barrens (or one of the statutorily defined areas within the Central Pine Barrens), simply contact the Commission staff at the main number, 631-224-2604, or by e-mail at our general mailbox.  The following information may be helpful.

Every parcel of land falls into one of these categories with respect to the Central Pine Barrens:

• Outside the Central Pine Barrens (CPB). The boundary definition of the Central Pine Barrens area is found in ECL 57-0107(10). The CPB area is approximately 102,500 acres, and includes portions of the Towns of Brookhaven, Riverhead and Southampton. The Commission's geographic jurisdiction is defined by the CPB boundary. Any land area outside of this boundary is not within the Commission's jurisdiction. The CPB area is further classified into the Compatible Growth Area and the Core Preservation Area.
• Within the Compatible Growth Area. The boundary definition is found in ECL 57-0107(12).
• Within the Core Preservation Area. The boundary definition is found in ECL 57-0107(11).
• On occasion, the Commission has issued a clarification (i.e., an interpretation) of the Core Preservation Area boundary as defined in NY ECL 57-0107(12). (These are not "boundary changes"!) You can see a description of those clarifications in this pdf document.
• Partially within one or more of the above areas. Parcels are sometimes found to straddle the boundary between two of these areas, and separate portions of the parcel may thus be in different areas. E.g., a parcel may be partially within the Core and partially within the CGA.

• District number. 0200 for Brookhaven Town, 0600 for Riverhead Town, and 0900 for Southampton Town.  Within Southampton Town, there are small portions of the Villages of Quogue (District 0902) and Westhampton Beach (District 0905) that are within the Central Pine Barrens.  Please note that parcels outside of these Districts (i.e., within any other Towns or Villages in Suffolk County) are not within the Central Pine Barrens, and thus not under the Commission's jurisdiction.  Also note that within the Districts noted above, some parcels are within, and some parcels are not within, the Central Pine Barrens.
• Section number.  The Section within a District refers to a single page within the printed book for that District. It generally has one or two digits.
• Block number. Each Section contains one or more collections or grouping of adjacent parcels, and each grouping is known as a block.  Blocks are generally one or two digit numbers.
• Lot number.  Each parcel within a block has a specific number.  It generally has one to three digits.
• For further details on the Suffolk County tax map parcel system, see the Suffolk County Real Property Tax Service Agency (SC RPTSA) web site, and specifically the web page on the County tax maps.  The tax maps and tax parcel numbers are maintained by the SC RPTSA.

The Legislation, the Plan, and Commission Jurisdiction

New York Environmental Conservation Law Article 57  (an unofficial copy of the Long Island Pine Barrens Protection Act) contains several provisions regarding development.

• To identify whether a parcel is in the Central Pine Barrens, see the section above.
• The definition of what actions or projects constitute "development" under the jurisdiction of the Commission is contained in ECL Article 57 Section 0107(13).  The Commission is occasionally asked for a "determination of jurisdiction" regarding particular proposed projects.
• The statutory provisions governing Core Preservation Area hardship permits are contained within ECL Article 57 Section 0121(10).

• Review Procedures and Jurisdiction over Projects  (Chapter 4).  This includes Plan provisions regarding both Core Preservation Area and Compatible Growth Area (CGA) projects (procedures, time periods, logistics, etc.).
• Standards and Guidelines for Land Use  (Chapter 5).  These describe the criteria that are used to review projects.

Is an application to the Commission required? Project sponsors may submit written inquiries (no special form is required) to the Commission if they wish to have a "determination of jurisdiction" made prior to filing an application. The jurisdiction (and type of review, if any) of the Commission over a development project is based upon both the project's geographic location and the nature of the project. Inquiries are examined first by staff, and are submitted to the Commission for a decision if necessary.

Applications to the Commission for development permits generally go through the following steps:

• Filing with the Commission.  Applicants are encouraged to contact the Commission staff at 631-224-2604 or by e-mail at our general mailbox if they have any questions prior to filing an application. There is no application fee, but applicants are required to pay the cost of the legal notice for any public hearing. Projects for which applications are filed with the Commission may also require separate applications to, and review by, other agencies!  The applicant is responsible for filing those applications.
• Review for completeness by the staff, and requests for any missing information.
• Review of the application pursuant to both the pine barrens law and Plan (see the links in the above section), and the State Environmental Quality Review Act (SEQRA)
• See the NYS Department of Environmental Conservation's SEQRA web site.
• The State Environmental Quality Review Act Environmental Assessment Form is available from this link to the NYS DEC web site, and should be included with any applications, whether in the Core or the Compatible Growth Area).
• Holding of a hearing by the Commission. Applicants are required to pay the cost of the legal notice for any public hearing.
• Commission Policy regarding public hearings on development applications: text, pdf
• Issuance of a decision by the Commission.

• Core Hardship Application Checklist (includes Owner's Statement): pdf
• There is a "Core Preservation Area residential nondevelopment ("roadfront") parcel list" which permits certain residential construction on specified parcels without a permit from the Commission. (This link covers all three Towns; does not yet include the most recent additions; see the next link for that information.)
• Amendments to the Core Area residential nondevelopment ("roadfront") parcel list approved by the Commission on 2/21/01.
• See the State Legislation which effectuated this change on 11/16/01 as Chapter 443 of the Laws of 2001 at this link.
• The State Environmental Quality Review Act Environmental Assessment Form is available from this link to the NYS DEC web site, and should be included with any applications (whether in the Core or the Compatible Growth Area).

• See the "Introduction to CGA Development Applications": text, pdf. There are four categories of CGA development.
• Nonconforming CGA development.  (Also called "CGA hardship" projects, these projects do not conform to the Plan's standards.)
• CGA Development over which the Commission asserts jurisdiction. (Also known as "petitioned for review")
• CGA Development within Critical Resource Areas (CRAs).  The CRAs are identified by specific parcel numbers - see this link for that list..
• CGA Developments of Regional Significance (DRS).  DRS projects are identified by specific thresholds - see this link for those values.
• Applications forms (pdf files) for Compatible Growth Area projects are available here  (Note: applicants are requested to speak with the Commission staff before submitting projects within these categories)
• To download the following application forms, you will require Adobe Acrobat Reader, which you can download free from the Adobe web site.
• Application form for nonconforming development ("hardship") project.
• Application form for a project over which the Commission has asserted jurisdiction.
• Application form for a project within a Critical Resource Area (CRA).
• Application form for a Development of Regional Significance (DRS).
• The State Environmental Quality Review Act Environmental Assessment Form is available from this link to the NYS DEC web site, and should be included with any applications (whether in the Core or the Compatible Growth Area).

Interested persons should contact those agencies directly.  Some links to sites that may be helpful include the following. This is not meant to be a complete listing!

• Brookhaven Town
• Riverhead Town
• Southampton Town
• Dept. of Health Services (DHS)  (Hauppauge)
• DHS - Division of Environmental Quality
• DHS - Division of Environmental Quality - Sanitary Code Article 6
• DHS - Division of Environmental Quality - Sanitary Code Article 6 - Transfer of Development Rights Standards
• DHS - Division of Environmental Quality - Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single-Family Residences
• Suffolk County Department of Planning
• Suffolk County Planning Commission
• New York State's Online Permit Assistance and Licensing website
• New York State Department of Environmental Conservation (NYS DEC)
• NYS DEC - Region 1 (Nassau and Suffolk Counties)
• OPRHP - State Historic Preservation Office

Central Pine Barrens (both Core and CGA)

• Recent and pending (past 12 months) applications with descriptions updated through 1/21/10 and links to current documents:  text, pdf
• Resolutions on applications: see the reports for links to pdf files or meeting minutes.
• Application statistics:
• Summary chart of decisions (approvals and denials) only from 1993 through 2009: pdf
• Summary chart of applications and projects (decisions, withdrawals, pending, Core/CGA, etc.) from 1993 through 12/16/09:  pdf
• Projects over which the Commission has asserted jurisdiction updated through 7/30/08 (These are also known as "call ups" or "reviews by petition", and may occur in either the Core or CGA):
• Listed by Tax Map Number: text, pdf
• Listed by Assertion Date: text, pdf
• Litigation involving land use: see Litigation Involving the Pine Barrens Commission
• Current Commission meeting schedule includes information on any pending hearings.

• Permits issued (updated 7/16/08):
• Listed by Tax Map Number: text, pdf
• Listed by Issue Date: text, pdf
• Applications disapproved (updated 5/22/08):
• Listed by Tax Map Number: text, pdf
• Listed by Date: text, pdf
• Projects within Critical Resource Areas (updated 6/20/07):
• Listed by Tax Map Number: text, pdf
• Developments of Regional Significance (updated 5/22/08):
• Listed by Tax Map Number: text, pdf

• Permits issued (updated 11/21/08):
• Listed by Tax Map Number: text, pdf
• Listed by Issue Date: text, pdf
• Applications disapproved (updated 3/11/05):
• Listed by Tax Map Number: text, pdf
• Listed by Date: text, pdf
• Estimated land use breakdown through 1/1/04: text, pdf  (includes statistics on developed lands within the Core Area)

• Credits redeemed for use in development projects:  pdf  (lists Certificate numbers, number of Credits, location and type of development, etc.)
• For complete Credit Program information, see the Pine Barrens Credit Program Main Page.

• In August 2003, NY ECL Article 57 (the pine barrens law) was amended to provide specific penalties for violations of the law, the Central Pine Barrens Plan, Commission permit conditions, etc. The amended section is 57-0136, "Penalties and Enforcement". It provides:
• Definition of violations
• Civil penalties
• Criminal penalties
• Additional remedies
• Responsibilities for enforcement, including time frames.
• Following this in late 2003, the Commission requested the Pine Barrens Law Enforcement Council (see the Council's web page) define an effective interagency protocol for receiving complaints of alleged land use violations, referring them to the appropriate agency(ies) for investigation and resolution, tracking the progress of such complaints, and maintaining interagency communications.
• The Council formulated both a protocol and a complaint form.  On 11/17/04 and again on 9/19/07, the Commission adopted these:
• Pine Barrens Land Use Complaint Investigation Protocol (pdf; 3 pages, including one page Complaint Report).
• Complaint Report only.
This protocol enables complaints to be handled on an interagency basis, regardless of which agency actually receives the initial complaint.