Smithtown’s Waterfront Program Supersedes State and Federal Government – Amending the Town’s L.W.R.P.
L.W.R.P. is the acronym for Local Waterfront Revitalization Program. Smithtown created its first one in the late 1980’s.
It is presently about halfway through with the latest rendition which is being done, like the first one, by an outside planning consultant.
David Flynn is the head of the Planning Department and he explained the L.W.R.P. and its importance to a town, particularly one that abuts the Long Island Sound, a tidal river, many estuaries and ponds.
“Typically the purpose of the state encouraging towns do L.W.R.P.’s is in order to get the most out of their waterfront; a importance resource,” David Flynn, Director of the Planning Department
The Town of Smithtown has historically been progressive with its green initiatives over the years. According to the town, they have focused their efforts on hydrographic studies of Stony Brook Harbor and roadway drainage improvement to better manage polluted storm water inputs to the Harbor and to the Nissequogue River (nitrogen run off).
The Waterfront Revitalization of Coastal Areas and Inland Waterway Act offers local governments the opportunity to participate in the State’s Coastal Management Program on a voluntary basis by preparing and adopting a Local Waterfront Revitalization Program (L.W.R.P.).
Flynn shared that it’s not mandatory for a township or city to create a L.W.R.P. However, Smithtown, New York City and a community upstate were the first geographic areas in New York State to prepare them.
“There are many advantages to having this Program, for instance the Nissequogue River State Park would not occur without the required drainage,” he continued.
The cost of the L.W.R.P. is roughing sixty-thousand dollars, half of the money was granted by the Department of State which also oversees the project. Smithtown is footing the other half of the bill. Last month the town hosted a presentation where the planning consultant gave an update. “We got about fifty comments from participants and another public workshop is presently being planned,” said Flynn.
Climate change and superstorms will indeed play a role in the modification of Smithtown’s plan. “In theory the L.W.R.P. is supposed to protect the environment and economy, if we don’t pay attention to it (our waterways and waterfronts) we are going to lose them,” declared the town’s planner. He added keeping public access to waterways is a big component of the L.W.R.P.
Flynn talked about the importance of marinas, boatyards and boat clubs and that if it was priced out and sold only a small amount of rich people would have access to waterfront areas. Therefor leaving the rest of the town’s taxpayers with no access to their waterways.
When a question was broached about whether private property such as the Uplands could be included in the new L.W.R.P., the answer was yes. “Most of St. Johnsland has been on our existing L.W.R.P. but the present planning consultant is recommending expanding it,” he shared.
Flynn talked about consistency and the importance of having entire state properties fall under the L.W.R.P. as he and many planners including the agency that oversee the state’s L.W.R.P. say that it makes no sense to have mere portions of state land in the Program. “This would result in two sets of rules for said properties,” he explained.
Why should the people of Smithtown care about the L.W.R.P.?
“It affects all of us, it provides access for recreation, it increases water quality,” he shared. A Laborious process that includes a terribly verbose report should be done by years’ end. Flynn reiterated that is nothing in writing that says we have to do this but it a progressive initiative.
“Once the state approves the new L.W.R. P. and the town approves it all state and federal projects must be in compliance with it,” he said excitedly.
It is a rare instance when a small municipalities’ laws supersede larger ones like the state or the federal government. The L.W.R.P. is terribly unique in this matter. It will prove interesting at year’s end to see the difference between Smithtown’s original 1989 L.W.R.P. and 2016’s L.W.R.P.
The Process of Preparing an LWRP
Smithtown’s Initial Report
To learn almost all there is to know about Smithtown’s L.W.R.P. and the preparation of this critical document see the below information which has some very interesting links from the Town of Smithtown’s website.
The Town of Smithtown Local Waterfront Revitalization Program is a locally prepared comprehensive land and water use plan for the Town’s natural, public, and developed waterfront resources along the Nissequogue River, Stony Brook Harbor and Long Island Sound.
The Town of Smithtown LWRP refines and supplements the State’s Coastal Management Program and provides a comprehensive framework within which critical waterfront issues can be addressed, and planned waterfront improvement projects can be pursued and implemented. The approval history of Town of Smithtown LWRP was published in a final public notice.
The highlighted text is a download link for the full Town of Smithtown document.
The links below provide easy access to each part of the Town of Smithtown LWRP, as approved in 1989:
Section I. Waterfront Revitalization Area Boundary
Section II. Inventory and Analysis
Section III. Waterfront Revitalization Program Policies
Section IV. Proposed Land and Water Uses and Proposed Projects
Section V. Techniques for Local Implementation of the Program
Section VI. State and Federal Actions and Programs Likely to Affect Implementation
Section VII. Consultation with Other Affected Federal, State, Regional, and Local Agencies
The Waterfront Revitalization of Coastal Areas and Inland Waterways Act offers local governments the opportunity to participate in the State’s Coastal Management Program (CMP) (pdf) on a voluntary basis by preparing and adopting a Local Waterfront Revitalization Program (LWRP), providing more detailed implementation of the State’s CMP through use of such existing broad powers as zoning and site plan review.
Preparation of an LWRP
A Local Waterfront Revitalization Program consists of a planning document prepared by a community, and the program established to implement the plan. An LWRP may be comprehensive and address all issues that affect a community’s entire waterfront, or it may address the most critical issues facing a significant portion of its waterfront.
An LWRP follows a step-by-step process by which a community can advance community planning from a vision to implementation, which is described in the Making the Most of Your Waterfront Guidebook (pdf) and video developed by the Department of State. Additionally, the Opportunities Waiting to Happen Guidebook (pdf), developed by the Department of State, provides help to assist all New Yorkers to redevelop abandoned buildings as part of the overall vision for their community.
In addition to landward development, water uses are subject to an ever-increasing array of use conflicts. These include conflicts between passive and active types of recreation, between commercial and recreational uses, and between all uses and the natural resources of a harbor. Increases in recreational boating, changes in waterfront uses, coastal hazards, what to do with dredged materials, competition for space, climate change, and multiple regulating authorities, all make effective harbor management complex. These conflicts and a lack of clear authority to solve them have resulted in degraded natural and cultural characteristics of many harbors, and their ability to support a range of appropriate uses. As part of an LWRP, a harbor management plan can be used to analyze and resolve these conflicts and issues.
Benefits of an LWRP
An approved LWRP reflects community consensus and provides a clear direction for appropriate future development. It establishes a long-term partnership among local government, community-based organizations, and the State. Also, funding to advance preparation, refinement, or implementation of Local Waterfront Revitalization Programs is available under Title 11 of the New York State Environmental Protection Fund Local Waterfront Revitalization Program (EPF LWRP) among other sources.
In addition, State permitting, funding, and direct actions must be consistent, to the maximum extent practicable, with an approved LWRP. Within the federally defined coastal area, federal agency activities are also required to be consistent with an approved LWRP. This “consistency” provision is a strong tool that helps ensure all government
For wide accessibility, we post all LWRPs approved by the NYS Secretary of State pursuant to Article 42 of the NYS Executive Law.