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What is NYC BC § 3202.2.2.4.1?

Quick Answer

This section mandates the removal of vehicular access curb cuts that no longer serve their purpose, such as when a building is demolished. The Department of Transportation sets the restoration standards for the curb and sidewalk. It applies to building owners responsible for maintaining curb cuts and ensuring public safety.

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

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3202.2.2.4.1 Curb cut removal.

BC § 3202.2.2.4.1

Vehicular access curb cuts that can no longer serve as vehicular access across a curb or sidewalk, including where an existing building served by such a curb cut is demolished, shall be removed and the curb and sidewalk shall be restored in accordance with standards of the Department of Transportation. The commissioner may order such removal and restoration. The commissioner shall limit the length of any curb cut for the purpose of providing a driveway across such curb or sidewalk, when in the opinion of the commissioner the actual use or intended use of such driveway would endanger the public. Where the vehicular use of such driveway, in the opinion of the commissioner is dangerous to the public, the commissioner shall order the owner to discontinue use of such driveway and restore the curb and sidewalk in accordance with standards of the Department of Transportation. Upon the failure of the owner to comply with any of the orders provided for in Section 3202.2.2.4, in such cases where the restoration of such curb cuts are needed to facilitate department of transportation work, the commissioner may inform the commissioner of transportation of such failure to comply and may request the cooperation of the commissioner of transportation acting under his or her authority pursuant to Section 2903(b)(7) of the New York City Charter in the enforcement of this section.

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