Suffolk County’s Waterfront Battle: Where Public Beach Rights Meet Private Property Lawsuits in 2025
Suffolk County is witnessing an unprecedented clash between public waterfront access rights and private property interests, creating a complex legal landscape that’s generating significant litigation in 2025. As coastal development pressures intensify and new conservation laws reshape waterfront ownership, property owners and public access advocates are finding themselves in courtrooms across Long Island, fighting over fundamental questions about who can use the water’s edge.
The Working Waterfront Preservation Revolution
Suffolk County Executive Ed Romaine signed groundbreaking “working waterfront” bill at the Greenport railroad dock Monday — officially enacting unprecedented protections for the area’s commercial fishing and maritime heritage. The ceremony to sign the legislation — attended by dozens of maritime business owners, as well as local politicos — marked the culmination of months of advocacy following the Suffolk County Legislature’s unanimous approval on Sept. 3.
This Legislature hereby finds and determines that, to implement the County’s policy of conserving, preserving, and protecting its environmental assets, natural and man-made resources, open spaces, agricultural and waterfront lands, and areas of historical or ecological significance, a process must be established to acquire waterfront conservation easements that support food supply, recreational access, coastal values, and sustainable economic growth. Suffolk County is home to 2,949 maritime-related businesses employing approximately 38,419 people—6.1% of the County’s economy (NOAA, 2021).
The new legislation establishes a framework similar to farmland preservation programs, allowing the county to purchase development rights from waterfront property owners while keeping the land in private ownership. The land remains privately owned but cannot be developed beyond its current use. This ensures waterfront access for commercial fishing fleets, oyster farmers, baymen, and others who rely on the water for their livelihood.
The Legal Complexities Creating Litigation
The intersection of public access rights and private property ownership has created a minefield of legal issues. The new Chapter 26 of the Suffolk County Code establishes a framework for acquiring conservation easements on working waterfront properties, creating protections against development pressures that have threatened to transform commercial docks into residential properties.
However, these new protections are generating disputes over property values, compensation, and the extent of public access rights. Property owners are questioning whether conservation easements constitute a “taking” of their property rights, while municipalities struggle to balance economic development with preservation of traditional maritime uses.
The situation has been further complicated by recent court decisions regarding beach access authority. Just in time for beach season, the Suffolk County Supreme Court, in a June 12 decision, ruled against East Hampton Village, ordering it to reinstate a Main Beach parking permit and beach locker to David Ganz after they were revoked last June by Marcos Baladron, the village administrator. Justice James F. Quinn said Mr. Baladron simply didn’t have the authority to take the action.
The Stakes: Economics vs. Access
Suffolk County’s maritime economy is substantial: •Nearly 3,000 maritime-related businesses employ over 38,000 workers, accounting for more than 6% of the County’s total economy (NOAA, ENOW Explorer, 2021). •Commercial fishing landings in New York State exceeded 17 million pounds in 2023, valued at more than $28 million. With an economic multiplier of 4.5, this translates to $126 million in shoreline revenue, most of which remains on Long Island (NOAA, 2023).
The economic impact extends beyond commercial fishing. The County has 2,404.65 acres of commercial waterfront property across 964 parcels. By legislative district, LD-2, Welker’s district, holds 508 acres, the largest share in Suffolk County (NOAA, 2016 Land Use).
These valuable waterfront parcels are at the center of legal disputes as property owners face restrictions on development while communities seek to preserve traditional maritime access.
Navigating the Legal Maze
Property owners facing waterfront access disputes need experienced legal counsel to navigate this evolving landscape. Issues range from conservation easement negotiations to challenges over municipal authority to restrict beach access. When dealing with such complex property rights issues, working with a qualified real estate litigation attorney suffolk county becomes essential for protecting your interests and understanding your legal options.
The Frank Law Firm P.C., with its deep understanding of Long Island real estate law and local market dynamics, has been helping property owners and businesses navigate these complex waterfront issues. Deep understanding of Long Island property laws, regulations, and common transaction challenges. Whether you’re buying your first home, selling a property, or dealing with complicated title issues, having experienced legal representation protects your investment and gives you confidence in your decisions.
Looking Ahead: What Property Owners Need to Know
The legal landscape surrounding waterfront access rights in Suffolk County continues to evolve. Commercial fishing, aquaculture and maritime industries have faced mounting pressure in recent years to sell their properties for alternative development, threatening the availability of working waterfront properties that serve as docks, piers, packhouses and support facilities, according to the legislation.
Property owners should be aware that new conservation easement programs may affect their development rights, while potentially providing compensation for preserved maritime uses. When adopted, it would allow commercial waterfront property owners to apply to a new 17-member Working Waterfront Committee for conservation easements.
As these legal frameworks continue to develop, property owners, developers, and maritime businesses must stay informed about their rights and obligations. The intersection of public access policies and private property rights will likely generate continued litigation as stakeholders work to balance preservation goals with property rights and economic development needs.
Whether you’re dealing with conservation easement negotiations, challenging municipal overreach, or protecting your waterfront property rights, understanding the legal landscape and having experienced counsel can make the difference between a favorable outcome and costly litigation. The Frank Law Firm P.C. continues to provide the specialized real estate legal expertise that Long Island property owners need in this rapidly changing environment.