Realty Subdivisions

Bureau of Environmental Engineering

Realty Subdivisions


The Nassau County Department of Health reviews and approves plans for the construction of residential developments, including condominiums and cooperatives, of five (5) or more lots or units. Plans submitted to the Department must be designed by a project consultant who is either a New York State licensed Professional Engineer or a New York State licensed Registered Architect. Below are a few of the items that must be addressed when submitting an application:

General Requirements

  1. An Owner’s Letter and a Consultant’s Letter must be submitted to the Department authorizing the consultant to act and submit plans and forms on the developer’s behalf.
  1. A Project Permit Requirement Questionnaire , SQRA Form, and an Application for Approval of Sanitary Facilities for Realty Subdivisions must be completed and submitted to the Department as part of the application package. 
  1. Realty Subdivision plans and applications must be submitted to the Department for the approval of the design of the water supply and sewage disposal systems to serve each residential development of five (5) or more units or lots.
  1. Private Sewage Disposal System plans and applications must be submitted to the Department for the approval of all individual on-site sanitary sewage disposal systems that are proposed to serve apartment buildings and institutions as well as non-residential developments including restaurants, office buildings, recreational or other commercial and industrial buildings. For more information, please read the Nassau County Department of Health Manual of On-Site Sewage Disposal.
  1. All land development in the Special Groundwater Protection Areas (SGPAs) of Nassau County must comply with the requirements of Article X of the Nassau County Public Health Ordinance (NCPHO). This regulation limits the number of dwelling units to one per 40,000 square feet for residential developments, limits the daily design rate of sewage discharged per square foot of net area for non-residential developments to no more than .00375 gallons per square foot, and prohibits all discharges of industrial wastewater, regardless of treatment.
  1. The construction of realty subdivisions, and other residential and non-residential developments that require Department approval may not proceed until realty subdivision or private sewage disposal system plans are approved by Department.


Water Supply


  1. Engineering plans and specifications for the construction of new or modification of existing water mains which will serve the proposed development must be submitted, through the public water supplier, for review and approval to the Department.  The installation of private wells as a source of drinking water, cooking, sanitary or laundry use, in an area served by a public water system, is prohibited.
  1. Evidence must be provided to the Department indicating that all water mains constructed as part of the development will be deeded to the public water supplier, along with a dedicated easement as may be necessary, to assure proper operation, repair and maintenance. Dead-end water mains shall not be proposed unless approved by the Department pursuant to conditions in Article VI of the NCPHO. All water mains should be connected to adjacent street mains or otherwise looped for improved water distribution. 
  1. The developer must comply with all water supplier requirements for backflow prevention devices on water service lines.


Site Environmental Assessment


  1. A Phase I Environmental Site Assessment (ESA) must be submitted to the Department in accordance with ASTM Standard Practice Site Assessments for review prior to the approval of all realty subdivisions and other residential or property redevelopment projects.  This will include:
    1. Information that describes the past use of the property including a site map, which shows the present and former locations of buildings, and subsurface structures including underground storage tanks, drywells, leaching pools, cesspools and any floor drains connected to these structures.


    1. A listing of the capacity, contents and status of all aboveground and underground petroleum, chemical, or other hazardous substance storage tanks or storage areas that have existed at the site and evidence that these tanks or storage areas were properly installed, registered and/or removed or abandoned in accordance with USEPA, NYSDEC, Nassau County Fire Marshal regulations, and/or Article XI and Article XV of the NCPHO must be submitted to the Department.


    1. For all residential development proposals, a survey for potential contamination sources (i.e. gas stations, automotive repair shops, dry cleaners, manufacturing facilities, etc.) adjacent to or surrounding the property.  A map and listing of all non-residential properties including all listed NYSDEC contaminated sites (inactive hazardous waste sites, voluntary clean-up sites, brownfields, spill sites) and USEPA NPL sites within 250 feet of the proposed development should be submitted to the Department.


  1. The installation, removal, or abandonment of all toxic and hazardous material storage tanks, containers, or areas containing fuel oil, waste oil and regulated petroleum or chemical products must be performed in accordance with the requirements of Article XI and/or Article XV of the NCPHO.
  1. Existing drywells, leaching pools or cesspools must be closed in accordance with all applicable federal (USEPA), state (NYSDEC), and local regulations.  The results of approved laboratory testing of soil beneath all drywells, leaching pools or cesspools on the site which have received discharges of sanitary waste, waste water, interior drainage, petroleum products or toxic or hazardous waste must be submitted to the Department.       
  1. The Department will require the removal of all contamination sources on the site and may require testing to determine if any organic or inorganic chemical contaminants are present in the soil or groundwater at the site. This may include an investigation of soil vapor intrusion to determine if there is potential for contamination of indoor air by volatile organic chemicals.  Soil vapor, indoor and ambient air testing must be conducted in accordance with the NYSDOH Guidance for Evaluating Soil Vapor Intrusion in the State of New York. The Department may also request the installation of a soil gas ventilation system to protect indoor air quality in any proposed new or modified site buildings if warranted. 
  1. Any hazardous materials encountered at the site must be removed by an industrial waste transporter registered with the NYSDEC and be taken to an approved hazardous waste disposal facility. The NYSDEC and the Department must be notified upon discovery of any hazardous substance in order to determine if further investigation is necessary.
  1. A Phase II and Phase III ESA may be required to be submitted to the Department.  If any sources of potential contamination are suspected in proximity to the site, the property should be further investigated to determine the impact of this contamination in the soil, groundwater and soil gas beneath the site.


Other Requirements


  1. A certification of rodent free inspection for demolition must be obtained from the Department Office of Community Sanitation.  A copy of the certification must be given to the local building department in order to obtain a demolition permit.
  1. A NYS Dept. of Labor licensed inspector must survey any existing buildings or structures for the presence of Asbestos Containing Building Material (ACBM) prior to demolition. If ACBM’s are identified, they must be handled in accordance with NYSDOL and USEPA regulations.
  1. Engineering plans and specifications for the construction of any new or modified public swimming pool must be submitted to the Department for review and approval.


Please contact the Department at (516) 227-9692 should you need additional information or have any questions.