§ 28-104.9.2 Statement and submission by applicant.

It shall be the duty of an applicant for construction document approval to determine whether the proposed work is located within a coastal zone or a water-sensitive inland zone subject to section 28-104.9.3 and/or section 28-104.9. Applications for construction document approval shall include a statement by the applicant indicating whether the proposed work is located within a coastal zone or water-sensitive inland zone subject to such sections. The failure to disclose that proposed work is within a coastal zone or water-sensitive inland zone subject to such sections shall be a violation of this code.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021.

§ 28-104.9.3 Coordination with department of environmental conservation and other agencies.

The commissioner shall not approve construction documents for construction of a new structure, the horizontal enlargement of a structure or to excavate or fill any land, within a tidal wetland, a tidal wetland adjacent area, freshwater wetland, freshwater wetland adjacent area, or coastal erosion hazard area, without documentation satisfactory to the commissioner that the New York state department of environmental conservation, and such other governmental agencies as are applicable, have issued any applicable permits or other approvals for such construction, excavation or fill.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021.

§ 28-104.9.4 Compliance with special flood hazard area requirements mandated within special flood hazard areas.

Within coastal special flood hazard areas and special flood hazard areas, the commissioner shall not approve construction documents for construction or alteration of buildings or structures, including alterations pursuant to section 28-101.4.3 of this code, or for any other activity regulated by section G201 of appendix G of the New York city building code, unless the application complies with the requirements of appendix G of the New York city building code.

(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021, L.L. 2021/126 and L.L. 2023/077.