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Land Clearing ?

land clearing

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18 replies to this topic

#1 shamuscull

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Posted December 19 2015 - 08:27 AM

Okay moved into a new house last week and I am getting settled in. I have spoke with an neighbor and also checked out my survey and one of the convenants on the survey says I can clear up to 46% of my property and only 15% can be fertilizer dependent. Property is a C hair over 1 acre town of Brookhaven. Okay my question is how do I find out what is considered land clearing? Can I mow the tall grass as long as I don't take down any trees and or water and fertilize it? I looked online and can not find and answer. I am hoping someone may have experience with this. Don't want to start cutting tall grass and a neighbor calls and complains but most people have horses and dirt areas but many of those houses are older and may have different regulations.

Thanks

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#2 Camo

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Posted December 19 2015 - 08:45 AM

I like the way the "town" sell you the land taxes the life out of you and then wants to tell you exctly what you can and can't do on you property. I can't with these liberals any more. It's really getting stupid now. Sorry shanusscull good luck and congrads on your new place.
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#3 100MPG

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Posted December 19 2015 - 08:50 AM

Okay moved into a new house last week and I am getting settled in. I have spoke with an neighbor and also checked out my survey and one of the convenants on the survey says I can clear up to 46% of my property and only 15% can be fertilizer dependent. Property is a C hair over 1 acre town of Brookhaven. Okay my question is how do I find out what is considered land clearing? Can I mow the tall grass as long as I don't take down any trees and or water and fertilize it? I looked online and can not find and answer. I am hoping someone may have experience with this. Don't want to start cutting tall grass and a neighbor calls and complains but most people have horses and dirt areas but many of those houses are older and may have different regulations.

Thanks

I would say you could cut the tall grass but not down to the dirt. Keep in mind I am not a lawyer, did not play one on TV or even stay in a holiday inn last night.
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#4 Aquabach

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Posted December 19 2015 - 08:52 AM

I just realized something.
Don't we have a friend in the Town of Brookhaven that runs the Highway Dept?

Give Dan Losquadro a call and I;m sure he'll help you out. ( for an envelope of cash)
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#5 coqui

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Posted December 19 2015 - 08:59 AM

Call your Building Department they should be able to find it in their zoning or building regulations. It where I would start, unless you can find it in e-code, I am sure your not the first to have that question.
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#6 SOUTHSHOREROB

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Posted December 19 2015 - 09:02 AM

I'am no lawyer but the way I see it 1 acre roughly 160,000 sq ft 46 % = 73,600 an your a little over an acre so I would go with 75,000 sq ft and unless you in a DEC wetlands area "clearing" usually refers to trees only . How tall is this grass ? You'll get the lay of the land just give it some time :)

#7 NRATC53

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Posted December 19 2015 - 09:04 AM

Area you can clear includes area taken up by all structures, walkways, pavement etc. once that is factored in you can cut it down to the ground
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#8 PandM

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Posted December 19 2015 - 09:15 AM

I'am no lawyer but the way I see it 1 acre roughly 160,000 sq ft 46 % = 73,600 an your a little over an acre so I would go with 75,000 sq ft and unless you in a DEC wetlands area "clearing" usually refers to trees only . How tall is this grass ? You'll get the lay of the land just give it some time :)


Had a friend buy a house some years ago in the town of Islip. Cleared some of the overgrown back yard and the DEC fined the ever loving poop out of him. It seems it was wetlands.
I would make sure nothing is designated as wetlands, check with the town and go for it.
You might want to ask your neighbors what their understanding of it is as well.
Congrats on the new digs.
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#9 Ransom

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Posted December 19 2015 - 09:21 AM

All depends I have a friend who can't even touch grown saplings, trees or tall grass (not much of that anyway one his land) after next door called on him. If cleared it would look so nice and he can see the water and his boat. Its very frustrating with 17000 in taxes and he has a water front where he can't clearly see the water , his boat and its not a large area that needs to be cleared at all. I see two choices you call the town and ask with the risk of a NO they be stuck or If you just bought the property grab a crew and just clear it in one day, plant grass and hope nothing happens. If they come oh well you didn't but its already cleared. They could give you a hard time depends. Plan B clear small areas slowly thru the year when and hope the complainers are not around to rat you out. The sad part is all the houses next to him and down a ways are all cleared nicely.

Edited by Ransom, December 19 2015 - 09:23 AM.


#10 Aquabach

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Posted December 19 2015 - 09:44 AM

Had a friend buy a house some years ago in the town of Islip. Cleared some of the overgrown back yard and the DEC fined the ever loving poop out of him. It seems it was wetlands.
I would make sure nothing is designated as wetlands, check with the town and go for it.
You might want to ask your neighbors what their understanding of it is as well.
Congrats on the new digs.

I have a manmade pond behind me. It's wetlands.
When I bought the property the previous owner showed me where the DEC marked trees with blue ribbon.
He said anything from their towards the pond can't be touched.
it was withing a few feet so I ws good.
Of course that didn't stop the Town of islip from denying my solar permit until the DEC said it was okay to put on my roof.
But that's the town's nonsense not the DEC.

He's a little tip when you don't want neighbors looking at what your doing.
Don't work on it all day long. Do a little here and there. then stop and go in.
As far as cutting around saplings. Saplings grow into trees. Get a good pair of loppers and cut them off at the base or dig them out.
No noise, = less nosy neighbors
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#11 gunsngolf

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Posted December 19 2015 - 09:47 AM

I'am no lawyer but the way I see it 1 acre roughly 160,000 sq ft 46 % = 73,600 an your a little over an acre so I would go with 75,000 sq ft and unless you in a DEC wetlands area "clearing" usually refers to trees only . How tall is this grass ? You'll get the lay of the land just give it some time :)


An Acre is 43,560sq/ft. 46% is roughly 20,000sq/ft. Clearing that land is going to need to include any buildings, driveway, shed, lawn, etc. Generally, the remaining 23,000sq/ft can be mowed down to remove underbrush, but no tree removal. The 15% allowed for fertilizer dependent is your lawn. That can only be about 6500sq/ft. not much of a lawn if you ask me.

But honestly, who is going to be checking this? What have your neighbors done? They probably have similar restrictions on their surveys. Did they disregard them?

#12 Aquabach

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Posted December 19 2015 - 09:52 AM

An Acre is 43,560sq/ft. 46% is roughly 20,000sq/ft. Clearing that land is going to need to include any buildings, driveway, shed, lawn, etc. Generally, the remaining 23,000sq/ft can be mowed down to remove underbrush, but no tree removal. The 15% allowed for fertilizer dependent is your lawn. That can only be about 6500sq/ft. not much of a lawn if you ask me.

But honestly, who is going to be checking this? What have your neighbors done? They probably have similar restrictions on their surveys. Did they disregard them?

You never know what kind of neighbor you going to have when you move in.
You also never know when the town gets an itch to check on things, either because someone has a bug up their you know what or they need to look for ways to get money.

#13 rubbermittens

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Posted December 19 2015 - 10:01 AM

Many times the builder just clears it all and pays the fine oh wait thats in Southampton.

#14 SOUTHSHOREROB

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Posted December 19 2015 - 10:05 AM

An Acre is 43,560sq/ft. 46% is roughly 20,000sq/ft. Clearing that land is going to need to include any buildings, driveway, shed, lawn, etc. Generally, the remaining 23,000sq/ft can be mowed down to remove underbrush, but no tree removal. The 15% allowed for fertilizer dependent is your lawn. That can only be about 6500sq/ft. not much of a lawn if you ask me.

But honestly, who is going to be checking this? What have your neighbors done? They probably have similar restrictions on their surveys. Did they disregard them?


WOW.... I didn't have my coffee yet at that point... Thanks for the correction - it's a good thing I put that legal disclaimer in there .. But 160,000 or 43,000 I was close ..no ? .... Lol I'll stay out of the math equation business ..from now on at least before coffee. ..lol



Always fact check what you read on the interweb .

Edited by SOUTHSHOREROB, December 19 2015 - 10:07 AM.

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#15 pezhead

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Posted December 19 2015 - 10:47 AM

Here is all the town codes good luck.....http://ecode360.com/BR0012

#16 Shotgun682

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Posted December 19 2015 - 10:55 AM

You can't touch that land at all it must remain wild... Not only the trees the brush too.

With that no one will check UNLESS

#1. A neighbor rats you out

#2 You do some work on the house and need a permit and CO.

When you go to sell the house and you need a new survey. On the new survey it will be indicated the amount of cleared land.
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#17 DIRTBIKEZ

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Posted December 19 2015 - 11:43 AM

Shotgun682 nailed it. Proceed with caution as revegitation, the fees and fines can get very expensive.

#18 Autoinfo07

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Posted December 19 2015 - 11:54 AM

Okay moved into a new house last week and I am getting settled in. I have spoke with an neighbor and also checked out my survey and one of the convenants on the survey says I can clear up to 46% of my property and only 15% can be fertilizer dependent. Property is a C hair over 1 acre town of Brookhaven. Okay my question is how do I find out what is considered land clearing? Can I mow the tall grass as long as I don't take down any trees and or water and fertilize it? I looked online and can not find and answer. I am hoping someone may have experience with this. Don't want to start cutting tall grass and a neighbor calls and complains but most people have horses and dirt areas but many of those houses are older and may have different regulations.

Thanks

I successfully petitioned Brookhaven town to rewrite the covenant on my property in Medford to 95% I can dig up the files and help you if need be. The clearing restriction as it was explained to me can have no cutting or unnatural planting (deciduous only). PM if you want to pursue the way I did it.

#19 DIRTBIKEZ

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Posted December 20 2015 - 01:24 AM

I successfully petitioned Brookhaven town to rewrite the covenant on my property in Medford to 95% I can dig up the files and help you if need be. The clearing restriction as it was explained to me can have no cutting or unnatural planting (deciduous only). PM if you want to pursue the way I did it.

FYI, this does not apply if you are in the Pine Barrens; relief of covenants.





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