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

What is NYC ZR § 95-03?

Quick Answer

This section mandates that any development or enlargement involving ground level construction within the Special Transit Land Use District must provide a transit easement for subway-related use and public access to subway facilities. The Department of Buildings requires compliance with this provision for excavation permits. Applies to developers and property owners in the designated district.

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 →

§ 95-03 Transit Easement

ZR § 95-03

Any development or enlargement involving ground level construction within the Special Transit Land Use District shall provide an easement on the zoning lot for subway-related use and public access to the subway mezzanine or station when required pursuant to the provisions of Section 95-04.

The issuance by the Department of Buildings of an excavation permit for any zoning lot located within the Special District shall be dependent upon prior compliance with the provisions of this Chapter.

The transit easement required on a zoning lot shall permit the realization of one or more of the following planning objectives:

(a)the integration and relating of subway station design to surrounding development;

(b)the introduction of light and air to: stations; mezzanines; and other related facilities constructed pursuant to the provisions of Section 95-032 (Determination of transit easements at other stations);

(c)the reduction of conflict between pedestrian movements and station facilities on the street level;

(d)the provision of weather protection for subway entrances;

(e)the relation of subway entrances to commercial and other transit facilities;

(f)the provision of maximum visual exposure of subway entrances from public areas; and

(g)the elimination or reduction of adverse environmental impact accompanying subway development.

In no event, however, may the easement area be used temporarily or permanently for any other purpose not immediately related to pedestrian amenity, except as hereinafter provided.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 95-03?

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