Irrigation legislation back to drawing board: New hearing to be set

Following a Town Board public hearing Monday night on proposed changes to the Irrigation Code and a followup discussion of remarks made by several speakers, the proposed changes are headed back to a Water Advisory Committee subcommittee for a rewrite.

The turn-around is the result of more research and advanced technology that challenges assumptions made years ago about increased water use, with problems that were expected back in 2013 less likely. Those discussions 13 years ago called for banning irrigation systems, but delaying implementation, which concerned residents who had recently had systems installed but wouldn’t get any use from them.

For years, whenever the subject came up about implementing the policy, no Town Board was inclined to ban the systems. But in the past couple of years, with still with no effort to ban the systems, unclear language prompted creation of the subcommittee for clarification, according to Deputy Supervisor Meg Larsen. There were also questions about whether some of the suggested changes could be enforced.

Ms. Larsen said some of the suggestions for changes involved requiring permits for all types of irrigation systems.

Despite arguments against the proposed $50 permit fee for “drip irrigation” systems — a method that sends water directly to roots through tubing and emitters — the reasoning behind its proposal was to have information on record of where the systems were and who should be contacted in the event a problem with the system needed attention. It also meant if someone complained about the system, Building Department officials would know if there was a violation or the owner of the system was operating it as permitted.

At the outset, there was still an assumption that irrigation systems were drawing down water faster. Turns out, that’s not the case, Ms. Larsen said.

At the public hearing, speaker after speaker objected to the changes. There were also written objections read into the record.  

One said simply charging a $50 fee for a drip hose was a bad idea and represented “one more hassle interrupting our shared goal of a bucolic life on Shelter Island.” Another questioned a rationale for a cistern to hold water, noting that drip irrigation puts water back into the aquifer. “Nothing like being punished for doing a good thing for the environment,” the writer said.

Heights Property Owners Corporation General Manager Stella Lagudis asked several questions including whether West Neck Water District officials had been polled about whether any of the changes might conflict with their restrictions and how some changes could be enforced.

Ms. Lagudis also included a list of recommendations:

• All fill-ups of water for cisterns should be submitted.

• Ban filling cisterns from public water systems.

• Irrigation systems should be required to be equipped with leak-protection devices that would shut water off.

• Systems should be required to be equipped with backflow prevention devices that are inspected annually.

• Billing departments and the Suffolk County Department of Health Services water divisions should be responsible for signing off on the backflow devices.

Landscape business owner Walter Richards was the first in the business to tell the Town Board Monday night the proposed changes would not only hurt his business and his workers, but be a detriment to customers.

Another, Fred Hyatt, warned the Building Department doesn’t have enough staff to keep up with its role in enforcement.

Jay Card Jr. pointed out that the technology has changed since the earlier days of installing irrigation systems and the Town has the ability to pull some water from some areas for use in more sensitive areas.

The one area of agreement came with respect to the potential of salt water intrusion and most suggested the Near Shore area might need protection requiring limits of types and number of irrigation systems in those sensitive areas.

The Town Board aims to have input from the subcommittee within a couple of weeks, Supervisor Amber Brach-Williams said.