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1. What is a density flow right?

A density flow right is the right of a property owner to discharge 300 gallons of wastewater per day. Density flow rights can be transferred in fractions of 1/10th of a right

0.1 rights = 30 gpd
0.2 rights = 60 gpd
0.3 rights = 90 gpd

1 right = 300 gpd

2. Does my property have to be in a designated sending district for me to sell density flow rights?

No. Density flow rights may be transferred from any area of the Town that is not in a receiving district.

3. Does my property have to be in a designated receiving district to receive density flow rights?

No. Provided that the receiving parcel complies with the land use and dimensional requirements of the Town’s Zoning ordinance, rights can be transferred to any property in the Town that:
• Is not in a sending district
• Is not required by the Town, County, State, or Federal government to be left as a natural buffer or open space
• Is not listed on the Smithtown Historic Sites Inventory, unless the historic resource is preserved
• Has access to a public water supply without extending a water main

4. Does my property have to be vacant for me to sell density flow rights?

No. However, if your property is used for a residential purpose, the part of your property from which the rights will be transferred must be vacant, and the developed portion and vacant portion of your property each must comply with the dimensional requirements for your zoning district.

5. How do I know if my property is in a sending district?

Your property is in a sending district if it is identified on the Transfer of Density Flow Rights Map as a sending district or contains environmentally sensitive land as defined in §322-3 of the Town Code.

Please see the link below for the Density Flow Rights map and section §322-3 of the Town Code.
Additional information ..

6. How do I know if my property is in a receiving district?

The three receiving districts in the Town follow the general boundary of the Kings Park, Smithtown, and St. James central business districts. Refer to the Transfer of Density Flow Rights Map for the exact boundaries of the receiving districts.

Please see the link below for the Density Flow Rights map and section §322-3 of the Town Code.
Additional information...

7. How do I know how many rights I have?

The number of rights available to be transferred from your property will be officially determined when the TDFR application is reviewed. However, property owners who are interested in selling density flow rights are encouraged to meet with the Planning Department to discuss how many rights are likely to be awarded.

8. Can I sell density flow rights from property that has an easement on it?

Land that has an easement on it or some other condition that prevents development (e.g., a required buffer, restrictive covenant, etc.) is not eligible to send density flow rights.

9. What is the difference between a nondiscretionary private party transfer and a discretionary private party transfer?

Nondiscretionary transfers are reviewed and approved by the Planning Department. Private party transfers are considered nondiscretionary if the sending parcel:

(1) Appeared as separately assessed on the Suffolk County Tax Map as of January 1, 1981, and
(2) Meets at least one of the following criteria:
(a) The parcel is lawfully developed for a commercial or institutional use, or for more than one dwelling unit;
(b) A vacant parcel that meets the minimum lot area and frontage required by the zoning ordinance;
(c) A sufficient area variance has been granted by the Board of Zoning Appeals for the parcel and/or, if necessary, the adjoining lot; or,
(d) The application includes a yield plan that complies with §323-7B and does not require the discretionary modification by the Town Board of any of those standards identified in §323-7C(3)

All other private party transfers are considered discretionary, in that they require a modification of at least one standard, and must be approved by the Town Board.