L.L. 2009/021

Enactment date: 3/18/2009

Int. No. 919-A

By Council Members Vann, Comrie, De Blasio, Fidler, Gerson, James, Koppell, Recchia Jr., Sanders Jr., White Jr., Arroyo, Garodnick, Eugene, Gennaro and Weprin.

A Local Law to amend the administrative code of the city of New York, in relation to coordination between the department of buildings and other governmental agencies when development is proposed for the city's coastal and water-sensitive inland zones.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The Council finds that development in the New York City coastal zone is subject to the jurisdiction of the New York State Department of Environmental Conservation (DEC) and typically requires issuance of a tidal wetlands permit and a coastal erosion hazard permit. Such development may also require the issuance of a freshwater wetlands permit if regulated freshwater wetlands are on the property or a floating objects permit, depending on development planned. DEC's Coastal Erosion Management Regulations are designed, in part, to restrict or prohibit development in natural protective feature areas so that new buildings or structures are placed a safe distance from areas of active erosion and the impacts of coastal storms. These regulations are also intended to restrict development involving public investment in services or facilities likely to encourage new permanent development in coastal erosion hazard areas. Other approvals may be required for development in the coastal zone, including approvals by the United States Army Corps of Engineers.

The Council finds, however, that applicants may not be aware of the need to coordinate with the Department of Environmental Conservation and other appropriate agencies when projects are located within the coastal or water-sensitive inland zones or that applicants for permits may deliberately fail to disclose on their permit application to the Department of Buildings that their properties are located within the such zones. Therefore the Council finds that coordination with the Department of Environmental Conservation and other agencies must be required by the Department of Buildings in any case where an application for development is located within the coastal and/or water sensitive inland zones of New York City.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 3. This local law shall take effect on July 1, 2009 and shall apply to applications for construction document approval pending on such date, except that the commissioner of buildings shall take such measures as are necessary for its implementation prior to such date, including the promulgation of rules.