239-F Plan Reviews

New York State General Municipal Law §239-f Referral Guidelines

In reviewing building permits and site plans under New York State General Municipal Law §239-f (239-f), it is the goal of Nassau County Department of Public Works (NCDPW) to prevent potential negative impacts to adjacent properties or on County owned right(s)-of-way, property or infrastructure. It is also the duty of NCDPW to ensure that each project design meets all applicable County, State, and Federal specifications. Adherence to County design standards improves site-related traffic and pedestrian safety as well as mitigating potential storm water flooding issues from impacting the applicant, the County, or others. Applications subject to NCDPW referral include subdivision and building permit applications where there are proposed structures, proposed new streets, or proposed buildings which shall have frontage on, access to, or be otherwise directly related to any existing or proposed right-of-way or site shown on the County’s official map. When a project’s scope is so narrow that the potential of it impacting the surrounding properties is unlikely, a referral under 239-f will not be required. The items below describe projects, that when undertaken separately, will not require referral by the local municipality. Should the referring municipality have any questions regarding an applications exemption status, please contact the 239-f Administrator at (516) 571-3300.

  • A Nassau County 239-f referral is not required for the demolition of buildings on private property; however, a sewer disconnect permit is required if currently connected to Nassau County sewers. A sewer disconnect permit may be requested by contacting the Nassau County Permits Office at (516) 571-6840. A pedestrian safety plan will need to be submitted to NCDPW (as part of the sewer permit application) if it involves the temporary diversion of pedestrian traffic. 
  • Nassau County Department of Public Works does not require referral pursuant to 239-f when the proposed site development involves only one of the following alterations:
    • Renovation of building façade,
    • Renovation of building interior (cosmetic alterations only, no change of use),
    • Replacement of roofings, windows, and/or a 2nd story addition to an existing residential structure with no increase to building footprint (measured as existing grade),
    • A mill and fill or replacement in kind of asphalt in an operating/existing parking lot,
    • A replacement in kind of striping or pavement markings in an operating/existing parking lot.

When the project scope of work exceeds more than one of the above alterations, a referral must be made.

However, there are several types of projects where potential impacts can be identified and addressed without a lengthy review. The project must demonstrate that all Nassau County standards for storm water retention and traffic safety have been adhered to and meet local zoning guidelines prior to requesting a limited review. Please note, NCDPW reserves the right to require amendments to project details and specifications to comply with all Local, State and Federal standards and specifications or a full 239-f review. 

Criteria for Limited Review – Residential and Commercial Projects are eligible for limited review where the project involves only the following alterations:

  • Demolition and reconstruction, in kind, of a residential structure damaged by fire, flood, or severe weather event,
  • Addition of a circular driveway for residential properties,
  • Addition of accessory structures for residential properties (garage, shed, cabana, pool house, barn, gate house, etc.),
  • Addition or alteration to pools, pool decks, patios, walkways, and other hardscape surfaces,
  • Addition or alterations to a residential or commercial development to increase handicap accessibility,
  • Removal or reconstruction of retaining walls, or
  • Closure of existing curb-cut or the installation of a curb-cut not located on a County roadway.

239-f Plan Reviews

Nassau County Department of Public Works is responsible for overseeing the review and approval of all 239-f applications submitted to the County. To assist applicants with the County’s review process, the Department has created this resource page with links to relevant documents and guidelines. 

Electronic Plan Submission and Review – 239f@nassaucountyny.gov

Nassau County Department of Public Works has created a digital plan submission and approval process (via email) for applications referred under 239-f. This modern process is designed to provide an efficient, organized interface between County plan reviewers and design professionals. 

Prior to submitting a 239-f Application to the County, the proper 239-f Referral Form (Residential OR Commercial – see links below) must be fully completed by the applicant then submitted to the local Plan Examiner, Superintendent of the Building Department, or the Deputy Commissioner of the municipality having jurisdiction for signature.  In addition to the completed 239-f referral form, provide a signed, sealed, and notarized initial submission checklist and complete civil site plan documents. These documents are to be emailed only to 239f@nassaucountyny.gov. Incomplete applications without an executed referral form or checklist will not be accepted and returned to the Applicant. 

239-f Referral Form – Commercial
239-f Referral Form – Residential
239-f Initial Submission Checklist

After the referral form and checklist have been properly filled out, applications made under 239-f are to be submitted electronically according to the below criteria and requirements:

  • The standard application package includes the following to be emailed to 239f@nassaucountyny.gov:
    • A 239-f Referral Form, completed by the applicant and signed by the local municipality plan examiner, 
    • A 239-f Initial Submission Checklist, signed, sealed, and notarized, 
    • A Civil Site Plan Package signed and sealed by a licensed professional, 
    • Any supporting documentation (ie: letters/memos, shared access agreements, emails, N.C. Planning Commission Resolutions, etc.) pertinent to the project.
  • Plans shall be submitted in standard PDF format (via email) only. Paper copies or flash drives are not accepted by our office.
  • Plans must be compiled and drafted in accordance with the format prescribed on the 239-F Initial Submission Checklist and certified by a New York State Licensed Engineer or Architect.
  • The file or a link to a downloadable copy must be made available and remain active for the duration of the plan review (30 business days).
  • The property owner is in agreement with their authorized project representative that there will only be one email address on the application form to which all official communication can be sent. Therefore, all correspondences will be with the authorized project representative only.

The Department of Public Works is not able to process fees electronically. All 239-f fees must be paid by check either in person or by mail and include the following information:

  • Check to be made payable to the ‘Nassau County Treasurer’
  • Property address and a contact phone number or email address on the check memo line
  • Provide printed copy of the signed 239-f application form and cover/transmittal letter
  • Provide printed copy of the email from 239f Administrator requesting the fee amount(s)
  • Check(s) and all supporting forms to be hand delivered or mailed to: 

Nassau County Department of Public Works
Permits Office – Room 102
1194 Prospect Avenue
Westbury NY, 11590

Additional items and fees (see below) may be required before an approval letter with stamped, approved documents are released to the authorized project representative and the local municipality. 

  • Traffic Impact Fee (Ord. 9-2016) 
  • Drainage Impact Fee (Ord. 124-2002)  
  • Cost of Construction Affidavit with 239-f Approval Fee check
  • Resubmittal Fee(s) – if the Cost of Construction estimate is less than $250,000.00, a fee of $740.00 will be due for each resubmission. This is to be calculated at the completion of the review process.

After the application has been reviewed, all comments and concerns addressed, the applicant and referring municipality will receive an electronic set of approved, signed plans via email. Similar to existing practices, a printed, approved set of plans must be available on site for the duration of construction. After construction has been completed, the approved set of plans will serve as a reference for final inspection and sign off by a County Inspector. Should there be a change in the scope of work to the approved set of plans, an amended set is required to be submitted and reviewed per 239-f guidelines before a final sign off letter can be released for the project.

Guidelines & Standard Comment Response Forms

Civil Site Review Guidelines for 239-f (2015)
Civil Site Review Standard Comment Response Form for 239-f (2017)
Drainage Water Resources Guide for 239-f (2004)
Nassau County General Notes
Nassau County Pavement Marking Notes
Traffic Engineering 239-f Standard Comment Response Form (2024)

239-f Coordination Meeting Schedule

Applicants have the opportunity to discuss their applications with NCDPW’s 239-f reviewers in a bi-weekly coordination meeting.  The meetings take place every other Wednesday from 10:00 AM to 12:00 PM at 1194 Prospect Avenue, Westbury, NY 11550.  Please email the 239-f Administrator at 239F@nassaucountyny.gov to inquire about the meeting calendar to schedule an appointment and verify the next meeting availability. Provide valid ID upon arrival. 

About 239-f

Section 239-f of New York State General Municipal Law (GML§239-f) requires that cities, towns, and villages in Nassau County refer site (re)development applications to Nassau County for review, comment, and recommendation prior to taking final action. This law was established to encourage and coordinate inter-community and county-wide planning and zoning decisions between local municipalities and County officials. The County is aware that not all local municipalities have professionals on staff or appointed to their review boards, therefore it is beneficial to have the County take a close look at these proposed developments as an interested party. As previously noted, applications subject to NCDPW referral include subdivision and building permit applications where there are proposed structures, proposed new streets, or proposed buildings which shall have frontage on, access to, or be otherwise directly related to any existing or proposed right-of-way or site shown on the County’s official map. The Commissioner has established requirements to meet the technical aspects of such approval, and the County Legislature has established ordinances to set fees for these reviews. The Commissioner and their designated team are responsible for responding in writing with an approval, a rejection, or an approval with conditions or specific notes to the referring agency.

For all questions pertaining to 239-f review, please contact the 239-f General Information Line at (516) 571-3300.