Transfer of Density Flow Rights

Town of Smithtown Transfer of Density Flow Rights Program


Long Island sits atop three aquifers that are the sole sources of drinking water for the island. To protect our drinking water from contamination, Suffolk County regulates the amount of wastewater (water from your bathroom, kitchen, laundry room, etc.) that can be discharged on properties. In this area of the County, owners have the right to generate 300 gallons of wastewater per day (gpd) per ½-acre. However, some owners would like to use their properties more intensively, and others, less intensively. In such cases, the County allows owners to transfer rights from one property to another. In 2010 the Town adopted a code to administer this program for the County. The objectives of the program are: 

A. Preservation of open space and environmentally sensitive land, 

B. Protection of groundwater from contamination, and

C. Preservation and enhancement of the Town's three historic central business districts.

For more information on the program, please review the answers to our Frequently Asked Questions. If you do not find the answer to your question in the FAQs, please call the Planning Department at (631) 360-7540. You can also refer to the Transfer of Density Flow Rights ordinance (§323 of the Town Code)

If you are interested in selling density flow rights from property that you own, please complete the Potential Sending Parcel Form. Your contact and property information will be added to the TDFR registry.

If you are interested in purchasing density flow rights, please complete the Potential Receiving Parcel Form. Your contact and property information will be added to the TDFR registry.

Instructions to Apply:

Nondiscretionary private party transfer (DOC)

Discretionary private party transfer (PDF)

Request Town Board to purchase density flow rights (PDF)

Purchase density flow rights from Smithtown's Density Flow Rights Bank (PDF)

* Per Suffolk County Department of Health Services (SCDHS), SCDHS must have a pending application for the receiving parcel's sanitary system before it will authorize the Town to approve a transfer.

  ** Prior to submitting a TDFR application, you are encouraged to set up a pre-application meeting with the Planning Department. To schedule a meeting, please call (631) 360-7540.

Additional Resources

Density Flow Rights Map (PDF)
TDFR Application (PDF)
Sample Declaration of Covenants and Restrictions (PDF)
Current TDFR Registry (PDF)