Brookhaven Cesspool Replacement: Grants and the Nitrogen Protection Zone

Brookhaven doesn't appear on Suffolk County's list of towns with their own septic rebate, so the main money here is the county and state grants. What Brookhaven does have is its own rule: near the water, new homes and some additions must use an I/A system.

Quick facts. Grants: county SIP up to $20,000 plus state SSRP up to 75% of eligible costs, capped at $25,000. Town rebate: none listed by the county. Town rule: Nitrogen Protection Zone, within 500 feet of surface water, in effect since January 1, 2017. Town loan: 0% deferred repair loan for income-eligible owner-occupied homes.

The grants available in Brookhaven

Brookhaven homeowners use the same two programs as the rest of Suffolk. The county's Septic Improvement Program pays up to $20,000, straight to an installer on its approved list. The New York State Septic System Replacement Program pays up to 75% of eligible costs, capped at $25,000. One application on the county's site covers both, and it must be approved before installation. Properties with a documented failure are funded first, then those closest to surface waters. See the grant application guide for every step.

Brookhaven's Nitrogen Protection Zone

Chapter 78A of the Brookhaven Town Code creates a Nitrogen Protection Zone covering the area within 500 feet of surface waters. The code names the Atlantic Ocean, Long Island Sound, the Great South Bay, the Forge River and the Carmans River, plus other rivers, lakes, streams, ponds, ditches and canals in the Town. The Town says this is where nitrogen from septic systems reaches surface water fastest. In the zone, the system has to be an I/A system that discharges no more than 19 mg of nitrogen per liter on average.

New construction. A new one- or two-family home in the zone that needs an onsite system must use an I/A system.

Additions to existing homes in the zone. The rule depends on when the house was built:

• Built on or before December 31, 1986: an I/A system is required for additions that add bedrooms, or that grow the floor area by more than 10% over the earliest Certificate of Occupancy, counting earlier additions.
• Built on or after January 1, 1987: the same rule applies at more than 50% growth in floor area, or any added bedrooms.

You must show the Town a county Department of Health Services approval for the I/A system before a building permit is issued. If a home must be rebuilt after storm or flood damage, the owner can ask the Board of Zoning Appeals for a waiver, which is granted only for undue financial hardship.

Simply replacing a failed cesspool, with no construction, falls under the county's Article 6 rules: county approval and at least a septic tank. Our cesspool rules guide covers those, and the county's own I/A rules for new and expanded homes.

Help paying for it

On top of the grants, the Town's Residential Rehabilitation Program offers a 0% interest deferred loan to income-eligible owners of owner-occupied single-family homes in Brookhaven. The Town says repairs can cover any part of the home, from the chimney to the sanitary system, and code and safety issues come first. It is federally funded through a CDBG grant and pays the contractor directly. The loan has no monthly payments and is secured by a mortgage, and it comes due when you sell or transfer the home. Contact the Town for eligibility.

Related guides

• What an I/A system costs and how the grants stack
• How to apply for the county and state grants, step by step
• Cesspool rules: replacements, renovations, new homes and selling

Other town guides

• Southampton
• East Hampton
• Shelter Island
• Riverhead and Southold