State Lawmakers Introduce Legislation To Clarify Southampton Trustees' Regulatory Power

State Assemblyman Fred W. Thiele Jr. and State Senator Kenneth P. LaValle introduced identical bills in the Senate and Assembly on April 12, seeking to clarify—and strengthen—the regulatory powers of the Southampton Town Trustees on ocean-facing beaches, including those within village boundaries.

Both bills clarify certain powers of the Trustees with respect to regulating the use of ocean beaches in the town, while making clear that the town owns the underwater lands, and the Trustees have the right to regulate activity there. They also note that the Trustees have the right to regulate the public’s use and enjoyment of the easement between the high water mark and the crest of the sand dune, even within village boundaries.

The bills are not likely to be the subject of a vote until later this year.

Southampton Town Councilwoman Julie Lofstad voiced her support for the bills at the Town Trustees’ regular meeting on Monday, saying she will present a resolution to the Town Board to gather its official support of the bills as well.

“I’m hoping that they will recognize your powers,” Ms. Lofstad said. “I think it’s so very important, and I’m happy to continue to support you.”

The legislation comes after several high-profile court losses for the Trustees, one of which stripped them of their authority over the easement along ocean-facing beaches within incorporated villages, which they have controlled since the late 1600s. The law now states that the Trustees have the right to regulate only the collection of seaweed and fish within the easement. Traditional interpretations allowed the Trustees wider jurisdiction on ocean beaches.

Trustee Ed Warner said the court’s rulings on the matters left a gray area that can be interpreted a number of ways. “What we need, once and for all, for the preservation of public access on our beaches, is to have it clarified for everybody,” he said.

Trustee Scott Horowitz echoed Mr. Warner’s sentiments, saying the situation is monumental and that he hopes the public is paying attention, and that it all works out in the Trustees’ favor.

“This needs to be adopted,” Mr. Horowitz said later in a text message. “It’s some of the most important legislation needed … period.”