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Adopted Rules: Closed to Comments

Adopted Rules Content: 



Statement of Basis and Purpose

The purpose of the rules is to provide a framework for the issuance of permits and revocable consents for the installation and maintenance of systems for flood mitigation within the City’s right of way (i.e. public streets and sidewalks). In the aftermath of Superstorm Sandy, building owners across the City have expressed an interest in flood mitigation systems such as barriers and/or walls that would protect their buildings in instances of severe weather-related events that result in significant flooding.

 Certain flood mitigation system designs may require the placement of components upon the City’s right of way.  As such, the Department is proposing a rule that will add two categories of permits for any flood mitigation system that is to be placed upon or below sidewalks, or in some unique situations, roadways. Requirements, including New York City Department of Buildings and New York City Fire Department approvals, as well as timeframes for the installation and removal of flood mitigation system components during and after severe weather-related events, are also specified.

 Flood mitigation system permits must be obtained for equipment that is placed in the City’s right of way that is intended for the protection of buildings, portions of buildings, or public service corporation facilities from flooding.  New section 2-10(e)(1) permits will be required for the placement of all above-ground components of a flood mitigation system. New section 2-10(e)(2) permits will only be required for at or below-ground flood mitigation system components that will remain in place at all times in order to expedite installation of the necessary above-ground flood mitigation system components.  New section 7-04(37) revocable consents will be required for any at or below-ground flood mitigation system components that will remain in place for longer than 365 days.


Additionally, provisions of the Highway Rules and Revocable Consent Rules are being reorganized and clarified to streamline the process by which the Department authorizes the installation of certain other structures throughout the City.

 The rules will achieve this goal by:

  • Renaming section 2-10 of the Highway Rules to cover two specific types of temporary structures (i.e., security structures and flood mitigation systems) while also deleting provisions that are no longer applicable.
  • Adding provisions in section 2-10 of the Highway Rules related to temporary flood mitigation systems and flood mitigation system footings.
  • Clarifying the references to the Revocable Consent Rules as they relate to temporary security structures in section 2-10 of the Highway Rules.
  • Moving the provision regarding non-electrical sidewalk sockets (i.e. flagpole sockets) to section 2-14 of the Highway Rules since these structures are not temporary and would not otherwise fit within the new framework of section 2-10.
  • Moving the provisions relating to structures, such as planters and bicycle racks, that are currently in section 2-10 of the Highway Rules to section 7-04 of the Revocable Consent Rules.
  • Adding a new paragraph in section 7-04 of the Revocable Consent Rules relating to flood mitigation system components.
Effective Date: 
Wed, 01/07/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

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

Effective Date: 
Fri, 02/03/2012

Proposed Rules: Closed to Comments

Comment By: 
Thursday, June 6, 2013
Proposed Rules Content: 



Statement of Basis and Purpose


Pursuant to sections 362(d), 364 and 1043 of the New York City Charter, the Department of Transportation is authorized to promulgate rules regarding the granting of revocable consents for the use or improvement of property under its jurisdiction.


Section 7-04 of the Department’s rules lists the uses of and improvements on the City’s streets that the Department may permit on a revocable basis upon due consideration and review. The Department proposes to amend these rules to provide for the issuance of a revocable consent to a foreign, domestic or international governmental entity for the creation of a loading dock, bay or other like facility extending into the street for the loading and unloading of goods and materials, provided that the New York City Police Department has judged the location of such facility to be necessary and appropriate due to the security concerns of the entity and the City. The proposed amendment would allow the Department to consider applications for revocable consents for such purpose and grant them, with appropriate terms and conditions, where it finds the consent to be warranted.




Currently loading docks, bays or other like facilities are not a category of improvements or uses that are included within Title 34, Section 7-04 of the Rules of the City of New York. The location of such facilities may be a security concern for governmental entities situated in the City of New York.




Opportunity to comment on proposed amendment by the Department of Transportation of rules relating revocable consents.

DOT (entrance located on the south side of the building facing the Vietnam Veterans Memorial)
55 Water Street BID Room - A
New York, NY 10041

Michelle Craven
Executive Director of Coordinated Street Furniture/Franchises, Concessions and Consents
55 Water Street. 9th Floor
New York, NY 10041

Download Copy of Proposed Rule (.pdf):