Taking note of a proliferation of seaplanes amid the swarm of aircraft flying over East Hampton in a typical summer, the town board is discussing prohibiting seaplanes within 1,500 feet of any town shoreline.
William O’Connor of the Cooley LLP law firm, an international firm with headquarters in California, told the board at its virtual meeting on April 14 that his firm had, as requested, evaluated the existing code and recommended modifying it to align more closely with environmental and quality-of-life concerns.
Town waters have sensitive marine life and habitat, Mr. O’Connor noted, and public health and safety is a community’s concern. He cited impacts from seaplanes on fishing and other commercial enterprises, invasive species that watercraft can carry from one body to another, and air and water pollution from aircraft fuel. The town has the authority in its zoning code and police powers to regulate seaplane operations, he said. “The bottom line” is that “seaplanes operating in town waters do raise health, safety, and environmental concerns.”
Under current town law, seaplanes cannot take off, taxi, or land in seven waterbodies: Three Mile Harbor, Fort Pond, Northwest Creek, Napeague Harbor, Wainscott Pond, Georgica Pond, and Hog Creek. Violators are subject to a fine of up to $250.
Rather than specifying waterways, “we’ve included town beaches and waterways. . . . We’ve also included trustee waters and beaches,” Mr. O’Connor said. The town trustees have jurisdiction over most beaches and waterways outside of Montauk. The prohibition would include harbors, lakes, and ponds — waterways “that might be potentially large enough for a seaplane to land” — and include the incorporated villages within the town.
A blanket prohibition would retain exceptions for emergency operations and public aircraft, the latter defined as military, Coast Guard, and local law enforcement or other municipal aircraft. A first offense should warrant a penalty of $1,500 to $5,000, or 14 days’ imprisonment, Mr. O’Connor said.
Law enforcement agencies should have “the broadest ability to enforce the seaplane prohibition,” Mr. O’Connor told the board. Ordinance enforcement personnel, police officers, peace officers, the harbormaster, and town park management should be among those designated to enforce the law, he said.
The trustees would have to agree to a change in the code pertaining to beaches, said Councilman David Lys. Francis Bock, the clerk of the trustees, said on Tuesday that the trustees are aware of and share concerns about the apparently growing number of seaplanes landing and taking off in trustee waterways.
The proposed legislation would be subject to a public hearing before the board adopted it into law.
