NYS Housing and Anti-Discrimination Notice
A heating-oil tank in a Commack house answers to Suffolk County and New York State wherever the house sits, but the permit for taking one out comes from the town, and Commack is split between the Town of Huntington and the Town of Smithtown. Here is what each office publishes, for Commack homes.
TL;DR
- The Suffolk County Clerk lists Commack under two town codes: 0400 for Huntington and 0800 for Smithtown.
- Suffolk County exempts house heating-oil tanks under 1,100 gallons from all but a short list of Article 12 rules, and the County says they need not be removed unless leaking.
- NYSDEC says a tank taken out of service must be emptied, cleaned and purged, and puts removal at $1000 to $5,000.
- The Smithtown side charges $340 per tank for a removal permit.
- Huntington's published permit list does not name oil tanks, and its Building & Housing Division issues permits.
Table of contents
- Which town's rules apply in Commack
- What Suffolk County regulates
- What New York State says
- A tank removal on the Smithtown side
- A tank removal on the Huntington side
- Papers a buyer can ask for
- Commack in our work
- Related pages
Which town's rules apply in Commack
The Suffolk County Clerk's town and district code list marks Commack as an area that lies in multiple townships, with code 0400 for Huntington and 0800 for Smithtown. County and State tank rules are the same on both sides, but the building permit is not.
Our Commack property taxes guide shows how the bill names the town.
What Suffolk County regulates
Article 12 of the Suffolk County Sanitary Code exempts a storage facility from all but a short list of its provisions when it holds less than 1,100 gallons of fuel oil or kerosene used solely for on-site heating.
The County Health Department's storage facility page lists residential heating oil tanks under 1100 gallons, whether indoors, aboveground outdoors or underground, as exempt from the permit to construct, and says sites with only heating oil under 1100 gallons are exceptions to registration. It answers the removal question directly: "Fuel oil tanks do not have to be removed unless they are leaking."
What New York State says
The NYSDEC homeowner's guide says home heating oil tanks are generally outside the State's Petroleum Bulk Storage rules because they hold less than 1,100 gallons.
State law requires aboveground and underground heating oil tanks to be emptied, cleaned and purged of all vapors. A removed tank loses its vent and fill lines, or the fill line is capped with concrete. A tank closed in place is filled with an inert material such as sand. DEC recommends removal so the soil can be checked, and says a bank or buyer is likely to ask for an environmental assessment or removal. It puts removal at $1000 to $5,000. DEC notes that a leak cleanup can cost tens of thousands of dollars.
A tank removal on the Smithtown side
The Town of Smithtown Building Department's tank requirements sheet lists, for a residential tank installation or removal, two signed and notarized applications, two copies of the property survey, a survey or site plan showing the tank, a notarized excavation affidavit, a copy of the tax bill, the plumber's insurance documents and the fee. The Town's online permit page accepts tank removals.
Chapter 112 of the Town Code, amended February 3, 2026, sets the fee for installation or removal of storage tanks at $340 per tank. It adds $150 per item, in addition to the regular fee, for an oil tank installed before an application was filed.
A tank removal on the Huntington side
The Town of Huntington's projects requiring permits page says a Building Permit is required for the construction, alteration, repair, modification or demolition, in whole or in part, of any building or structure. Its list of residential structures does not name oil tanks. The Building & Housing Division issues building permits and inspects work, and confirms what a tank job needs.
If a tank comes out as part of a switch to gas, Chapter 153 of the Town's plumbing code requires a plumbing permit for natural gas or liquefied petroleum gas piping.
Papers a buyer can ask for
A buyer can ask whether a tank was removed or closed in place, under which town's permit, and for copies. Huntington's filing guidelines note that a Freedom of Information Law application may be submitted by anyone to search the history of permits and certificates of occupancy.
Commack in our work
Commack is one of the towns we work, along with Lindenhurst.
