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What is NYC AC § 19-137?

Quick Answer

This section defines land contour work, which includes activities such as clearing, grading, and excavating land. It mandates that a written permit from the commissioner is required for such work, with specific exceptions. The statute is enforced by the Department of Buildings and applies to property owners engaging in land contour activities.

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§ 19-137 Land contour work.

AC § 19-137

a. As used in this section.

1.The term "land contour work" means clearing, grubbing, grading, filling or excavating vacant lots and other land areas but does not include minor work which does not change surface drainage patterns.

2.The term "clearing" means removing surface encumbrances from a land area, including but not limited to fences, trees, logs, stumps, brush, stones, vegetation and earth.

3.The term "grubbing" means the removal of root systems incident to surface growths of trees and vegetation.

4.The term "grading" means leveling, sloping, raising, lowering or otherwise changing the existing surface of land area.

5.The term "excavation" means removal of material, regardless of its nature, from below the existing ground surface.

6.The term "filling" means the deposition, leveling or compacting of organic or inorganic material at or in a vacant lot or land area for a purpose relating to the composition, contour, use, or proposed use of the land or for the purpose of disposing of material removed from another lot or land area. b. It shall be unlawful for any person to perform or cause, procure, suffer or permit to be performed any land contour work, except as provided in subdivision c hereof, without a written permit from the commissioner. c. Subdivision b hereof shall not apply: 1. To land contour work performed in connection with or in the course of the erection of one or more buildings or other structures or in connection with land uses pursuant to a permit therefor issued by the department of buildings, provided however that, (a) such permit specifically authorizes such land contour work, and (b) such land contour work is performed entirely within the lot lines of the building site for which such permit is issued. In such cases where water courses, drainage ditches, conduits or other means of carrying off water exist on the property and are to be altered or relocated, the commissioner of buildings shall consult with the commissioner of environmental protection concerning the means of disposal of surface water prior to issuance of a permit.

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