§ 101-18 Categories of Work That Do Not Require a Permit When Performed by the New York City Department of Parks and Recreation or its Contractors on Land under DPR’s Jurisdiction.
RCNY § 101-18
(a)Scope. This rule establishes categories of work performed by the New York City Department of Parks and Recreation (“DPR”) or its contractors on land under DPR’s jurisdiction that may be exempt from the permit requirements of the New York City Construction Codes.
(b)References. See Administrative Code §§ 28-105.1 and 28-105.4, paragraph 9.
(c)Compliance with code and other laws. Any exemptions outlined by this rule will not grant authorization for any work to be performed in a manner that violates the provisions of this rule, the New York City Construction Codes, the New York City Energy Conservation Code, or any other laws, rules, or regulations. Such exemptions do not eliminate the obligation of the DPR to file with other City agencies, when appropriate, including but not limited to the Landmarks Preservation Commission, the City Planning Commission, Department of Transportation, Department of Environmental Protection, Department of Environmental Conservation, or the Fire Department, nor do they eliminate the obligation of the DPR to file at the Department of Buildings for any related work, such as associated sidewalk protection, structural work, electrical connections, or plumbing connections.
(d)General requirements. Work may be exempted from the permitting requirements of the Construction Codes when the following conditions are met: (1) The work must be performed by general contractors registered pursuant to the requirements of Chapter 4 of Title 28 of the Administrative Code, and/or licensed electricians in accordance with the New York City Electrical Code. General contractors and electricians must be in good standing with the Department.
(2)All Limited Alteration Application work and electrical work associated with any exemptions outlined by this rule must be filed with the Department.
(3)Geotechnical investigations must be performed when required by Building Code section 1803.2.
(4)Support of excavation work must be filed with the Department where required by Building Code section 3304.4.
(5)The work must be filed with the Department if such work is performed as an integral part of a larger project filed with the Department.
(6)All repair and replace-in-kind work must be validated by an engineering analysis accounting for all applicable loads.
(7)All special inspections required by Chapter 17 of the Building Code must be performed.
(e)Documentation requirements. DPR must comply with the following documentation requirements: (1) Signed and sealed construction documents, including temporary shoring documents where required, must be maintained on site during construction. All construction document requirements in Building Code section BC 107 and record retention requirements in Administrative Code § 28-104.12 apply. Such records must be made available to the department upon request.
(f)Categories of work that are exempt from permit requirements. In addition to the categories of work exempted from the permit requirements of Administrative Code § 28-105.1, in accordance with § 28-105.4, paragraphs 1 through 9, the following categories of work are exempt from permit requirements when performed by DPR or its contractors on land under DPR’s jurisdiction.
(1)Construction fences. Construction fences when such fences: (i) do not impede the public right of way; and (ii) are not on the lot line; and (iii) are not installed in connection with work requiring a permit.
(iii)playground equipment; (iv) basketball hoops; (v) guardrails; (vi) handrails; (vii) sports accessories; (viii) bollards; or (ix) chain link fences and steel picket fences including gates, posts, and related appurtenances where such fences are: (A) a maximum of 20’-0” high for chain link fences and 7’-0” high for steel picket fences; (B) not installed on the lot line; (C) exempt from support of excavation requirements pursuant to Building Code section 3304.4; and (D) not supported by pile foundations.
(i)For all retaining wall work types listed in this paragraph, the following general requirements apply. Retaining walls must: (A) not be located on the lot line or within a distance that is the maximum height of the wall from the lot line; (B) not be attached to a building; (C) be exempt from the inspection requirements of Administrative Code § 28-305.4; (D) not support any structure or any surcharge load other than pedestrian loads, snow loads, and incidental loads associated with maintenance, including temporary vehicle surcharges; (E) not show any evidence of sliding or overturning failure; and (F) be less than 10 feet in height along any point of the wall. For the purposes of this item, the height of the retaining wall is the distance from the top of the ground in front of the wall to the top of the wall stem, or wall step for stepped walls, including any parapets or fencing capable of retaining material. This applies to all retaining walls, including those not fronting a public right-of-way.
(ii)The following scopes of work are exempt from permitting requirements under this section: (A) Construction of new retaining walls provided that such new retaining walls retain 5 feet or less in height of soil. (B) Replacement in kind of mass stone masonry walls provided that such retaining walls comply with the applicable code requirements for mass stone masonry walls, including but not limited to requirements pertaining to base to height ratio. (C) Repairs and rebuilds of retaining wall parapets down to a maximum of 2 feet below the upper soil level. (D) Repair of existing retaining walls provided that such existing retaining walls retains 5 feet or less in height of soil. (E) Removal and replacement of masonry facade/cladding units where such replacement does not overlook a paved surface or marked path within the height of the wall. However, if the facade removal and replacement occur a maximum of 5 feet in height above the ground in front of the retaining wall, the retaining wall may overlook a paved surface or marked path.
(8)Sheds and greenhouses. Temporary portable freestanding sheds and greenhouses on land under DPR’s jurisdiction, provided that the sheds or greenhouses: (i) do not exceed 120 square feet in area and 9’-6” in height; (ii) do not obstruct any required window; (iii) are not located within 3 feet of any lot line; (iv) do not impose any loads on adjacent structures or go below the bottom of any adjacent footings; (v) are prefabricated structures secured to foundations per the shed or greenhouse manufacturer’s instructions; and (vi) are limited to not more than one such shed per 1,000 square feet of lot area.
(9)Replacement in kind of miscellaneous metal members. Replacement in kind of miscellaneous metal members, provided that such replacement: (i) occurs within buildings or structures not exceeding a single story in height; (ii) does not include the building structure or affect any portion of the building’s structural stability; (iii) does not result in the widening of any openings; and (iv) is limited to the following types of work: (A) lintels; (B) steel doors; (C) storefront; or (D) guardrails and railings. (Added City Record 7/24/2025, eff. 8/23/2025)
