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What is NYC RCNY § 19.1-03.1?

Quick Answer

(a) 15 RCNY § 19.1-03 applies to covered development projects, public and private. (1) The following activities are not considered covered development projects: (i) Routine maintenance activities; and (ii) Emergency activities that are immediately necessary for the protection of life, property or natural resources.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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Effective: 6/1/2019Last amended: 2/1/2024

§ 19.1-03.1 Applicability.

RCNY § 19.1-03.1

(a)15 RCNY § 19.1-03 applies to covered development projects, public and private.

(1)The following activities are not considered covered development projects: (i) Routine maintenance activities; and (ii) Emergency activities that are immediately necessary for the protection of life, property or natural resources.

(b)Applicability to Existing Projects.

(2)15 RCNY § 19.1-03 does not apply to any development activity with a valid individual State Pollutant Discharge Elimination System (SPDES) permit issued by NYSDEC for construction activity before June 1, 2019.

(3)15 RCNY § 19.1-03 does not apply to any covered development project, other than an MS4 project, where an application for construction document approval for the construction of such project was filed with the Department of Buildings or the Department of Small Business Services, as applicable, prior to March 26, 2021.

(4)The amendments to this chapter effective on February 15, 2022 do not apply to any development activity with an MS4 SWPPP acceptance form issued within two years prior to such date.

(5)15 RCNY § 19.1-03 does not apply to any covered development project of less than 1 acre (other than a project of less than 1 acre all or any part of which is within an area that was rezoned as a result of a zoning map amendment application filed by the Department of City Planning, that received final approval after November 15, 2021, and which project seeks to develop a parcel of land pursuant, to the rezoning), if prior to February 15, 2022 an application for construction document approval was filed with the Department of Buildings or the Department of Small Business Services for such project.

(6)15 RCNY § 19.1-03 does not apply to any covered development project of less than 1 acre all or any part of which is within an area that was rezoned as a result of a zoning map amendment application filed by the Department of City Planning, that received final approval after November 15, 2021, and which seeks to develop a parcel of land pursuant, to the rezoning, if prior to December 10, 2021, a permit for the construction of such project was issued by the Department of Buildings or the Department of Small Business Services, as applicable. (Added City Record 4/1/2019, eff. 6/1/2019; amended City Record 2/15/2022, eff. 2/15/2022; amended City Record 1/2/2024, eff. 2/1/2024)

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