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

What is NYC BC § 3304.4.2?

Quick Answer

This section outlines the limitations on sloping and benching for excavations, specifying that the slope or bench step must be suitable for site conditions, including soil type and surcharge loads. The maximum slope for excavations deeper than 5 feet is defined in Table 3304.4.2. Applies to construction professionals involved in excavation projects.

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 →

3304.4.2 Limitation on sloping and benching.

BC § 3304.4.2

Where sloping or benching is utilized to support an excavation, the slope or bench step shall be appropriate for conditions at the site, including but not limited to soil type, environmental conditions, and surcharge loads. In no case shall the maximum slope or bench step for an excavation that is 5 feet (1524 mm) or greater in depth exceed the values specified in Table 3304.4.2. For layered soil conditions, the most restrictive value among the soil types present at the excavation location shall be utilized unless otherwise specified by the registered design professional and indicated on the construction documents required by Section 3304.4.1. Exception: The limitations of Table 3304.4.2 shall not apply to excavations made in Class 1a, 1b, or 1c rock, as classified by Chapter 18, provided the geotechnical report required by Section 1803.6 substantiates the safety of the proposed slope, cut, or bench step, and further provided that the resulting slope, cut, or bench step, as well as any supplemental support of the rock face, is indicated on the construction documents required by Section 3304.4.1. Table 3304.4.2Maximum Allowable Slopes and Steps Soil TypeMaximum Allowable Slopes(Horizontal: Vertical)Maximum AllowableBench StepType A soil1:1 (45º)5 feet (1524 mm)Type B soil1:1 (45º)4 feet (1219 mm)Type C soil1 1/2:1 (34º)Not allowed

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