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Stormwater Rules Amendments

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Rule status: Adopted

Agency: DEP

Effective date: February 1, 2024

Proposed Rule Full Text

Adopted Rule Full Text

Adopted rule summary:

The New York City Department of Environmental Protection (“DEP” or “Department”) is amending its rules in Chapter 19.1 of the RCNY that govern management of construction and post-construction stormwater sources. Section 1403(b-1) of the Charter of the City of New York provides that the Commissioner of Environmental Protection has “the power to administer and enforce provisions of law, rules and regulations relating to the management and control of discharges and runoff from public and private property, including but not limited to stormwater discharges, which may convey pollutants and other materials that may enter and have an adverse impact on the waters of the state.” Chapter 5-A of Title 24 of the Administrative Code of the City of New York establishes stormwater management controls for construction projects to reduce the flow of stormwater runoff and water borne pollutants into sewers that empty directly into the waters of the state or that overflow into such waters because of rain or snowmelt that exceeds the design capacity of wastewater treatment plants. And Administrative Code § 24-553, in Chapter 5-A, specifically authorizes the Department to promulgate rules that establish exemptions from permit requirements. The Department is making these amendments to further clarify the unified stormwater program that the Department administers citywide. These amendments to Chapter 19.1, including the appended NYC Stormwater Manual, will also provide more procedural and technical guidance to owners, developers, and applicants.

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