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

What is NYC ZR § 105-11?

Quick Answer

This section defines various natural features, including geological, topographic, aquatic, and botanic environments, emphasizing their significance in terms of ecological value and preservation. The statute mandates the protection of these features to prevent adverse conditions such as flooding and erosion. Applies to property owners involved in land development or management.

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 →

§ 105-11 Description of Natural Features

ZR § 105-11

All natural features shall be significant in terms of age, size, composition, function, structure, history, association, location, ecological value or educational interest.

The protection of one natural feature may require the protection of another which is closely linked to it. The preservation of natural features may also be necessary to avoid such adverse conditions as flooding, erosion or hazards to private property. All vegetation is part of a botanic environment or part of an aquatic feature and shall be considered as a natural feature protected by the regulations of this District. For the purposes of this Chapter, vegetation includes all forms of plant material, including, but not limited to, trees, shrubs, vines, ferns, grasses, herbs and other plant life.

All natural features defined in this Section and further described in Appendix B of this Chapter shall be protected by the provisions of this Chapter.

(a)Geologic features

(1)Rock outcropA rock outcrop is the portion of a rock formation which appears at the surface of the earth.

(2)Geologic depositA geologic deposit is a mass of material which has been placed, shaped or created by the actions of wind, water, ice, gravity, vulcanism, pressure or temperature, either alone or in combination. Such deposits are to include erratic boulders, glacial formations, mineral deposits or semi-precious stones.

(b)Topographic features

(3)TopsoilTopsoil is generally the top six inches of soil containing undisturbed humus and organic matter capable of sustaining vigorous plant growth.

(c)Aquatic featuresWetlands, including, but not limited to State and Federal, mapped or designated, freshwater or tidal wetlands:

(4)SwampA swamp is a wet woodland, the soil of which is typically waterlogged or often covered with water.

(5)MarshA marsh is a wet prairie that has waterlogged soil during the growing season (from last spring frost to first fall frost) and is often covered with shallow water.

(6)BogA bog is a tract of waterlogged land without natural drainage.

(7)MeadowA meadow is a tract of land that is waterlogged to within a few inches of the surface and may have temporary ponds during the non-growing season (between the first fall frost and first spring frost).

(8)Creek, stream or brookA creek, stream or brook is a free flowing fresh watercourse on soil, gravel or rock that drains a watershed.

(9)Lake or pondA lake or pond is a body of fresh or salt water standing year round.

(10)Natural springA natural spring is a point source of water exiting from the surface of the earth or rock.

(d)Botanic environments

The natural features defined in this Section are described in Appendix B of this Chapter.

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