Suffolk's massive waterfront industry gains protections from development in newly passed bill
Oysterman Jacob Feibusch, owner of Davy Jones Shellfish, pulls up cages of oysters from his oyster farming operation in Peconic Bay, off of Cutchogue in February 2024. More floating cages can be seen in the background. Credit: Newsday/John Paraskevas
The 2,400 acres of commercial waterfront property spanning Suffolk County could now be eligible for preservation under a new waterfront protection program.
The Suffolk County Legislature unanimously approved a bill Wednesday to create the program, which mirrors a farmland preservation program enacted in 1974. The goal is to preserve the waterfront access critical for the commercial fisheries, aquaculture, recreational fishing and boating businesses to survive.
The bill’s passage "will begin to turn the tide and preserve and protect the character and history of farming and fishing that Suffolk County is steeped in," said Legis. Ann Welker (D-Southampton), the bill's co-sponsor.
The county funded $2.5 million for the program in 2026 through the capital budget and $9.5 million total over the first three years.
"Our industries are facing development pressure across Suffolk County and we need to protect them," said Legis. Catherine Stark (R-Riverhead), who also co-sponsored the bill.
The next step — once signed into law by County Executive Edward P. Romaine, who supports the program — is to create a 17-member committee that will review applications submitted by landowners seeking to participate in the program. Each of the county’s 10 towns will get to designate one member.
Stark said the committee will be balanced with representatives of different waterfront industries.
The volunteer incentive program allows property owners to sell future development rights to the county through a conservation easement. The land in turn remains privately owned but cannot be developed beyond its current use. The value of the easement is determined through an Environmental Trust Review Board. The acquisition process is set by county code and is the same as farmland acquisition.
Sarah Lansdale, commissioner of the county’s Department of Economic Development and Planning, said during a July 30 presentation that additional steps are to draft a model conservation easement and create the application for interested property owners.
Bonnie Brady, executive director of the Long Island Commercial Fishing Association in Montauk, spoke in support of the bill at the Aug. 27 Economic Development, Planning and Housing Committee meeting.
She said the Fisheries Advisory Committee of East Hampton Town, where she's also a member, grew concerned in recent years as several waterfront developments, such as marinas, began to sell to private equity.
Then last year, the Montauk institution Gosman’s Dock sold, putting the future of the lone ice house that serves the commercial fishermen at the large port in jeopardy.
"So little by little we’re running out of space," Brady said.
The East End legislators said they’re confident there will be property owners eager to participate.
"My worry is we’re not going to have enough money," Stark said, adding that she’s confident the county can allocate additional money once the program is up and running.
While the program was mirrored after a similar initiative in Maine, where easements expire after a number of years, Stark said Suffolk's easements are in perpetuity.
Welker added the feedback received from constituents while crafting the legislation was for the easements to be in perpetuity.
The county has preserved about 11,000 acres of farmland through its preservation program and more than 20,000 acres total through town and nonprofit preservation efforts, according to the county.
Jacob Feibusch, owner of Davy Jones Shellfish Co., which farms in Great Peconic Bay, described the new program as a "lifeline" to the industry.
"Working waterfront access is the gateway to my future, the future of my small crew and our aquaculture industry as a whole here on Long Island," the Cutchogue resident said at Wednesday's meeting.
Lansdale celebrated the program’s passage by handing out small bags of Swedish Fish candy to legislators, leading to amusement among the lawmakers.
"I heard that they are indigenous to Long Island waters," said Presiding Officer Kevin McCaffrey (R-Lindenhurst).
Joe Werkmeister joined Newsday in 2022 and covers Suffolk County government and politics. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.
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