SCWA sues Riverhead over $35 million North Fork water pipeline project

(UI) — The Suffolk County Water Authority (SCWA) has filed a lawsuit against the Town of Riverhead in New York State in an effort to move forward with its North Fork Water Main Project, escalating a dispute over local zoning authority and control of the 12-mile, $35 million pipeline.

The legal action, filed in Suffolk County courts, challenges the town’s Monroe balancing test determination, which concluded the project is subject to local zoning regulations. SCWA argues the determination is not in accordance with the law and is seeking relief that would allow the project to proceed without municipal permitting constraints.

The proposed North Fork Water Main Project is intended to deliver an additional supply of drinking water to the region, where officials say a fragile aquifer and recurring shortages have raised long-term reliability concerns.

Riverhead contends the authority must comply with local zoning requirements for construction within town limits. SCWA maintains it is exempt as a public-benefit corporation performing an essential governmental function and notes that similar standards have not been applied to other SCWA projects in the area. The authority also cites prior Monroe case precedent supporting its position that it has statutory authority to construct and operate water supply facilities without municipal obstruction.

The SCWA Board issued the following statement:

“The Suffolk County Water Authority has adopted a Monroe determination confirming that the North Fork Water Main Project is not subject to local zoning. While we remain committed to working with the Town of Riverhead, their Monroe determination is legally flawed and leaves us with no choice but to seek relief in court. Public authorities are specifically designed to carry out critical infrastructure work efficiently and without municipal obstruction; imposing local zoning requirements can delay projects that directly affect water reliability. SCWA has clear statutory authority and longstanding case law on its side. We are taking this step to ensure the delivery of reliable, high-quality drinking water to our customers on the North Fork.”

The Suffolk County Water Authority serves approximately 1.2 million residents and operates as an independent public-benefit corporation under New York State law.

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