Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC RCNY § 43-1476?

Quick Answer

a. OER will conduct an initial review of an application to determine the extent of review required for approval of the application.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →
Effective: 3/4/2022

§ 43-1476 Fees and OER Review and Approval Procedure.

RCNY § 43-1476

a. OER will conduct an initial review of an application to determine the extent of review required for approval of the application. OER will inform the applicant of the fee amount. b. An applicant who seeks OER approval of a minor alteration(s) and/or other action on a tax lot subject to an (E) Designation or an Environmental Restrictive Declaration resulting in the issuance of a notice of no objection must pay a fee of $475. c. An applicant for a new development or for alterations on a tax lot subject to an (E) Designation or an Environmental Restrictive Declaration that requires a detailed review by OER involving a phased approval and sign-off procedure (e.g., investigation, remedial action plan or remedial action report) must pay a fee of $1,325. d. An applicant proposing a new development or alterations on a tax lot subject to an (E) Designation or an Environmental Restrictive Declaration that requires a second OER review after issuance of a notice to proceed must pay a fee of $475. e. An applicant who seeks to convert an active sub-slab depressurization system to a passive sub-slab depressurization system following OER approval of a remedial closure report must pay a fee of $475. f. An applicant who requires OER review of periodic reports of the performance of active remedial systems must pay a fee of $275. g. Each payment must be in the form of 1. an electronic payment; or 2. a personal, business or certified check or money order made payable to the New York City Department of Environmental Protection/Office of Environmental Remediation (DEP/OER) and sent to: Office of Environmental Remediation 100 Gold Street, 2nd floor New York, NY 10038 Attn. Accounts Receivable The applicant must include the OER project number and/or payment transaction number on the check or money order. h. At the request of the applicant, OER will meet with the applicant regarding (1) the required contents of any plan or report required pursuant to 43 RCNY §§ 43-1473 and 14-1474, and (2) the timeline to meet program milestones to expedite such work. i. Upon initial receipt of a submission required pursuant to this subchapter, including plans and reports, OER will review such submission and attempt to provide written comments within thirty (30) days of receipt of such initial submission. The applicant must submit all documents, plans, and reports in digital form and in a format established by OER. j. If OER requests additional information or a revised submission, the applicant must resubmit the document, plan, or report with this additional information for review.

1.Revised submissions will be reviewed by OER as expeditiously as possible; 2. Upon receipt of all information requested, OER will approve the document, modify the document, or issue comments with respect to the submission within thirty (30) days. k. If the applicant disagrees with OER's comments, the applicant will have the opportunity to respond. l. Upon receipt and review of all required submissions, OER will issue a determination within thirty (30) days. (Added City Record 2/2/2022, eff. 3/4/2022)

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters