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What is NYC ZR § 126-41?

Quick Answer

This section allows for the modification of planting requirements in front yards and along district boundaries if the Commissioner of Buildings certifies that such requirements are infeasible due to unique geological conditions. A licensed engineer must prepare a report confirming the existence of these conditions. Applies to property owners facing specific geological challenges.

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

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§ 126-41 Modification of Planting Requirements

ZR § 126-41

The requirements of Section 126-234 (Planting requirement in front yards) and paragraph (c) of Section 126-233 (Special provisions along district boundaries) may be waived in whole or in part if the Commissioner of Buildings certifies that such requirements are infeasible due to unique geological conditions such as excessive subsurface rock conditions, underground municipal infrastructure, or a City, State or Federal mandated brownfield remediation that requires the site to be capped.

Such waiver shall be based on a report prepared by a licensed engineer that such conditions exist.

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