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

What is NYC BC § 3304.4.5?

Quick Answer

This section regulates the placement of excavated material and equipment near excavation edges. It specifies that such loads must be positioned at a distance equal to one and one-half times the excavation depth unless proper support measures are in place. Applies to construction professionals managing excavation sites.

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 →

3304.4.5 Placing of soil or foundation work equipment and excavated material.

BC § 3304.4.5

Excavated material and superimposed loads, including but not limited to equipment and trucks used for soil or foundation work, shall not be placed closer to the edge of the excavation than a distance equal to one and one-half times the depth of such excavation unless the sides of the excavation have been sloped or sheet piled (or sheeted) and shored to withstand the lateral force imposed by such superimposed loads, or the registered design professional has determined the side of the excavation can adequately support the load imposed, with such support or determination shown on construction documents required by Section 3304.4.1. In the case of open excavations with side slopes, the edge of excavation shall be taken as the top of the slope.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 3304.4.5?

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