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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

Section 1403(a) of the Charter of the City of New York provides that the Commissioner of Environmental Protection (“Commissioner”) has “charge and control of: [a]ll structures and property connected with the supply and distribution of water for public use not owned by private corporations,” and authorizes the Commissioner to make and enforce rules and regulations “governing and restricting the use and supply of water.” Section 24-302 of the Administrative Code of the City of New York directs the Commissioner to “maintain, preserve and repair all structures and all other property connected with the water supply.” Section 3304.3.3 of the New York City building code requires notification to the New York City Department of Environmental Protection prior to commencement of any proposed soil or foundation work, for any purpose, to a depth greater than 50 feet (15 240 mm) in the borough of the Bronx or on or north of 135th Street in the borough of Manhattan, or greater than 100 feet (30 480mm) in the borough of Brooklyn, Queens, or Staten Island or south of 135th Street in the borough of Manhattan. Section 24-367 of the Administrative Code requires approval by and a permit from the New York City Department of Environmental Protection for any such work that the Department determines is in close proximity to its critical infrastructure.

These rules accomplish these purposes and enable the Commissioner to protect New York City’s water supply infrastructure by adding a new Chapter 57 to Title 15 of the Rules of the City of New York. Chapter 57 sets forth uniform standards to govern the permitting of drilling and excavation operations in close proximity to the Department’s and Water Board’s water tunnels and shafts in the five boroughs of New York City. The rules protect the tunnels and shafts from potential damage due to drilling and excavation by putting in place a formal process through which the Commissioner reviews all proposed drilling and excavation work and ensures that there is no such work done in close proximity to critical infrastructure. The rules establish a permitting process for drilling and excavation, standards for such operations, insurance requirements, conditions under which the Commissioner may approve a variance, and penalties for non-compliance with the rules and permit conditions. The rules do not apply outside the five boroughs of New York City.

Effective Date: 
Mon, 07/22/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, May 1, 2019
Proposed Rules Content: 

Statement of Basis and Purpose

Section 1403(a) of the Charter of the City of New York provides that the Commissioner of Environmental Protection (“Commissioner”) has “charge and control of: all structures and property connected with the supply and distribution of water for public use not owned by private corporations,” and authorizes the Commissioner to make and enforce rules and regulations “governing and restricting the use and supply of water.” Section 24-302 of the Administrative Code of the City of New York directs the Commissioner to “maintain, preserve and repair all structures and all other property connected with the water supply.” Section 3304.3.3 of the New York City building code requires notification to the New York City Department of Environmental Protection prior to commencement of any proposed soil or foundation work, for any purpose, to a depth greater than 50 feet (15 240 mm) in the borough of the Bronx or on or north of 135th Street in the borough of Manhattan, or greater than 100 feet (30 480mm) in the borough of Brooklyn, Queens, or Staten Island or south of 135th Street in the borough of Manhattan. Section 24-367 of the Administrative Code requires approval by and a permit from the New York City Department of Environmental Protection for any such work that the Department determines is in close proximity to its critical infrastructure.

The proposed rules accomplish these purposes and enable the Commissioner to protect New York City’s water supply infrastructure by adding a new Chapter 57 to Title 15 of the Rules of the City of New York. Chapter 57 will set forth uniform standards to govern the permitting of drilling and excavation operations in close proximity to the Department’s and Water Board’s water tunnels and shafts in the five boroughs of New York City. The rules will protect the tunnels and shafts from potential damage due to drilling and excavation by putting in place a formal process through which the Commissioner will review all proposed drilling and excavation work and ensure that there is no such work done in close proximity to critical infrastructure. The rules establish a permitting process for drilling and excavation, standards for such operations, insurance requirements, conditions under which the Commissioner may approve a variance, and penalties for non-compliance with the rules and permit conditions. The rules do not apply outside the five boroughs of New York City.

Subject: 

DEP Drilling and Excavation Proposed Rule

Location: 
DEP 13th Floor Conference Room
59-17 Junction Blvd. 13 Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Tuesday, October 16, 2018
Proposed Rules Content: 

Proposed amendments to Chapters 2, 3, 5, 7 and 11 of title 63 of the Rules of the City of New York, consisting of amendments, consolidation and reorganization of existing rules, and new rules, including in Chapter 2, amendments to sections 2-11 through 2-35; new rules concerning barrier-free access, sidewalks and excavation; in Chapter 3, repeal of the chapter and its reorganization, as amended, into Chapter 2; in Chapter 5, amendments to sections 5-01 through 5-03 and new section 5-04; in Chapter 7, amendments to sections 7-01 through 7-06; and in Chapter 11, amendments to sections 11-01 through 11-06.

Subject: 

.Proposed amendments to Chapters 2, 3, 5, 7 and 11 of title 63 of the Rules of the City of New York, consisting of amendments, consolidation and reorganization of existing rules, and new rules, including in Chapter 2, amendments to sections 2-11 through 2-35; new rules concerning barrier-free access, sidewalks and excavation; in Chapter 3, repeal of the chapter and its reorganization, as amended, into Chapter 2. This is a revised version of amendments originally published in January 2018.

Location: 
Landmarks Preservation Commission Offices
Municipal Building 1 Centre Street, 9th Floor North
New York, NY 10007
Contact: 

Mark Silberman, 212.669.7919

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:9)

Agency:
Comment By: 
Tuesday, May 8, 2018
Proposed Rules Content: 

Proposed amendments to Chapters 2, 3, 5, 7 and 11 of title 63 of the Rules of the City of New York, consisting of amendments, consolidation and reorganization of existing rules, and new rules, including in Chapter 2, amendments to sections 2-11 through 2-35; new rules concerning barrier-free access, sidewalks and excavation; in Chapter 3, repeal of the chapter and its reorganization, as amended, into Chapter 2; in Chapter 5, amendments to sections 5-01 through 5-03 and new section 5-04; in Chapter 7, amendments to sections 7-01 through 7-06; and in Chapter 11, amendments to sections 11-01 through 11-06.

Subject: 

Proposed amendments to the Landmarks Preservation Commission's rules in Chapters 2, 3, 5, 7 and 11 of title 63 of the Rules of the City of New York, consisting of amendments, consolidation and reorganization of existing rules, and new rules.

Location: 
Landmarks Preservation Commission Hearing Room
Municipal Building 1 Centre Street, 9th Floor North
New York, NY 10007
Contact: 

Amber Nowak, 212-669-7817

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Prior to excavating a city street, permittees and owners of underground facilities must comply with the State of New York’s Industrial Code Rule 753.Under the Industrial Code Rules, permittees and others are required to call DigNet, an organization that acts as a communications link between utility companies and excavation entities, prior to commencing work.The Industrial Code encourages the use of white paint to delineate excavation areas to identify the excavation site.This rule requires permittees and sub-surface utility owners to limit the areas that are marked with white paint (“mark out” areas) to only the affected area instead of the entire street segment. 

Effective Date: 
Sun, 12/20/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, August 14, 2015
Proposed Rules Content: 

Prior to excavating a city street, permittees and owners of underground facilities must comply with the State of New York’s Industrial Code Rule 753.  Under the Industrial Code Rules, permittees and others are required to call DigNet, an organization that acts as a communications link between utility companies and excavation entities, prior to commencing work.  The Industrial Code encourages the use of white paint to delineate excavation areas to identify the excavation site.  This rule proposes to require permittees and sub-surface utility owners to limit the areas that are marked with white paint (“mark out” areas) to only the affected area instead of the entire street segment. 

Subject: 

.

Location: 
NYC Department of Transportation
55 Water Street - Ground Floor Bid Room
New York , NY 10041
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 Click here (.pdf) for the complete text of the adopted rule.

Effective Date: 
Tue, 11/15/2011