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What is NYC BC § 3304.3.3?

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This section mandates notification to the New York City Department of Environmental Protection for soil or foundation work exceeding specified depths in various boroughs. It clarifies that the obligation to notify remains regardless of permit issuance. Applies to building owners, engineers, architects, and contractors involved in such activities.

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

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3304.3.3 Notification to the Department of Environmental Protection.

BC § 3304.3.3

Whenever soil or foundation work, for any purpose, is proposed to a depth greater than 50 feet (15 240 mm) in the borough of the Bronx or on or north of 135th Street in the borough of Manhattan, or greater than 100 feet (30 480 mm) in the borough of Brooklyn, Queens, or Staten Island or south of 135th Street in the borough of Manhattan, the owner of the premises, engineer, architect or contractor shall notify the New York City Department of Environmental Protection prior to commencement of such activity in accordance with Section 24-367 of the Administrative Code and any rules promulgated thereunder. The issuance of any permit or approval by the department shall not relieve the applicant, owner, engineer, architect or contractor of the obligation to comply with any notification or permitting requirements of the New York City Department of Environmental Protection. Whether or not a permit is required from the department for work, including but not limited to drilling for borings or geothermal wells, the owner of the premises, engineer, architect or contractor shall still comply with the notification and permitting requirements of the New York City Department of Environmental Protection. (Am. L.L. 2018/065, 1/19/2018, eff. 1/19/2019)

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