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What is NYC AC § 18-109?

Quick Answer

This section mandates that buildings adjacent to boardwalks or public beaches maintain a minimum setback of four feet, subject to the approval of the commissioner of buildings. Violations can result in fines or imprisonment. Applies to building owners with properties near boardwalks or public beaches.

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

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§ 18-109 Setbacks along boardwalks and beaches.

AC § 18-109

a. Any building, whether new or altered, abutting on any boardwalk or public beach that has or is to have an open front or fronts, or in which business is or is intended to be done through windows or doorways, shall have and maintain an adequate setback satisfactory to the commissioner of buildings, such setback to be not less than four feet. b. Any person violating any of the provisions of this section, upon conviction thereof, shall be punished by a fine not to exceed ten dollars, or by imprisonment, not to exceed ten days, or by both. c. This section shall not prevent or make unlawful the installation of footings for temporary barriers or shields in accordance with section 3202.1.1.1 of the New York city building code or temporary flood shields, stairs or ramps in accordance with section 3202.4.3 of the New York city building code.

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