Construction and Post-Construction Stormwater Controls

NYC Admin. Code tit. 24, ch. 5-A, subch. 2

in effect

NYC Admin. Code § 24-550 General.

§ 24-550 General. This subchapter regulates land development activities of covered development projects. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.

NYC Admin. Code § 24-551 Stormwater construction permit required.

§ 24-551 Stormwater construction permit required. It shall be unlawful to commence or engage in any development activity on the site of a covered development project unless and until a stormwater construction permit has been issued by the department. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019)

NYC Admin. Code § 24-552 Review of stormwater pollution prevention plan or SWPPP.

§ 24-552 Review of stormwater pollution prevention plan or SWPPP. Before the commencement of development activity on the site of a covered development project the developer must submit to the department for review in accordance with rules of the department a stormwater pollution prevention plan, certified by a qualified professional, and for MS 4 projects covered by the NYSDEC construction general permit a copy of the notice of intent. The department or a qualified professional designated by the department shall review the SWPPP within time periods to be specified in the rules of the department. If the department accepts the SWPPP and all other requested documentation, the department shall issue a stormwater construction permit to the developer and, for MS 4 projects subject to the NYSDEC construction general permit, shall issue an MS4 SWPPP acceptance form for filing with NYSDEC. If the department rejects the SWPPP the department shall send notice of such rejection to the developer indicating the specific deficiencies that caused the department to reject the SWPPP. The department may require that the SWPPP and other documents be submitted electronically. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.

NYC Admin. Code § 24-553 Rules.

§ 24-553 Rules. The department shall promulgate rules to carry out the provisions of this subchapter, including but not limited to rules that: a. Set forth the content of SWPPPs, including identifying those development projects requiring only erosion and sediment controls during construction and those development projects requiring erosion and sediment controls and post-construction stormwater management facilities. b. Establish design standards for erosion and sediment controls and post-construction stormwater management facilities. c. Establish exemptions from permit requirements. d. Provide for the regulation of development activity of less than one acre, based either on total disturbance of soil or on amount of impervious surface created or replaced, where the department determines an appropriate reduction in the threshold is necessary to carry out the purposes of this chapter. In making such determination, the department shall evaluate the potential costs and the anticipated water quality benefits of lowering the threshold. e. Establish procedures and fees for the review of SWPPPs and the issuance and renewal of permits required by this subchapter. f. Establish training, experience and/or education requirements for qualified professionals and qualified inspectors. g. Establish record keeping, inspection and reporting requirements for applicants and permittees to monitor compliance with this subchapter and approved SWPPPs. h. Establish requirements for compliance certifications by contractors to be included with SWPPPs. i. Establish standards for the maintenance, inspection, repair and replacement of required erosion and sediment controls and post-construction stormwater management facilities. j. For MS 4 projects, ensure that such rules are not less stringent than the NYC MS4 permit and the NYSDEC construction general permit. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.

NYC Admin. Code § 24-554 SWPPP to be retained on site.

§ 24-554 SWPPP to be retained on site. A copy of the SWPPP shall be retained at the site of the project from the date of initiation of development activities to the date of termination of the project as determined in accordance with the rules of the department and shall be made available to officers and employees of the department and/or qualified inspectors authorized by the department in accordance with the rules of the department. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.

NYC Admin. Code § 24-555 Recordkeeping.

§ 24-555 Recordkeeping. A developer shall keep and maintain records of all inspections and tests required to be performed pursuant to this subchapter and rules of the department, as follows: records of inspections and tests performed during construction must be maintained throughout construction and for 5 years after completion of construction; and records of post-construction inspections and tests must be maintained for 5 years after performance of such inspections or tests. Such records and tests shall be made available to the department in accordance with the rules of the department. The department may require such records to be maintained and provided to the department electronically. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019)

NYC Admin. Code § 24-556 Compliance with terms and conditions of SWPPP required.

§ 24-556 Compliance with terms and conditions of SWPPP required. Every stormwater construction permit issued by the department shall include the condition that the applicant and all contractors and subcontractors performing work at the site will comply with this subchapter, rules of the department and the terms and conditions of the SWPPP. Any changes in the SWPPP are subject to the prior approval of the department in accordance with rules of the department. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019)

NYC Admin. Code § 24-557 Suspension or revocation of permit.

§ 24-557 Suspension or revocation of permit. The department may suspend or revoke a stormwater construction permit, after notice and the opportunity for a hearing in accordance with the rules of the department, when the department or, in the case of an MS 4 project, NYSDEC finds that there is substantial non-compliance with this subchapter, the rules of the department, the NYSDEC construction general permit or the SWPPP, including any major change to erosion or sediment controls or any change in a post-construction stormwater management facility during construction that has or could have an effect on the discharge of pollutants, or when a permit was issued in error and conditions are such that a permit should not have been issued. When a permit is revoked or suspended all development activity at the project site shall cease and shall not be resumed until the issuance of a new permit or until such suspension is terminated except that the department may allow performance of work that is necessary to ensure public safety or to stabilize the construction site. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.

NYC Admin. Code § 24-558 Stop work order.

§ 24-558 Stop work order. a. Whenever the department finds that any development activity is being executed in violation of this subchapter, the SWPPP or rules of the department to the extent that work being performed at the site has or could have an effect on the discharge of pollutants or stormwater runoff volume or velocity, the department may issue a stop work order with respect to such work. b. Such order shall be posted at the site and served personally on or mailed to the owner or developer or to the person executing the work at the site or the agent of any of them. When there is an immediate danger of a release of pollutants a verbal order to stop work may be given followed promptly by a written order in accordance with this subdivision. c. Upon issuance of a stop work order, work specified in the order shall immediately cease, except work authorized or required by the commissioner to ensure public safety or to stabilize the construction site. d. No person shall with knowledge or notice of a stop work order allow, authorize, promote, continue or cause to be continued any work covered by the stop work order, except work authorized or required by the commissioner to ensure public safety or to stabilize the construction site. e. Upon application in accordance with the rules of the department, the commissioner shall rescind the stop work order where the commissioner finds (i) that the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted or, (ii) that the stop work order was issued in error or conditions are such that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such stop work order. f. It shall be unlawful to tamper with, remove or deface a written posted stop work order from the location where it was affixed unless and until such stop work order has been rescinded by the commissioner. The owner or other person in control of the location shall ensure that the stop work order remains posted until rescinded by the commissioner. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019)

NYC Admin. Code § 24-559 Post-construction stormwater management facilities.

§ 24-559 Post-construction stormwater management facilities. Where post-construction stormwater management facilities are required by the department, the department shall not approve a notice of termination for the project until the execution and recording of a maintenance easement, which shall be binding on all subsequent owners of the real property served by such post-construction stormwater management facility, except where the corporation counsel has determined that such a maintenance easement is not necessary due to the property's ownership or use by a public agency or instrumentality. For post-construction stormwater management facilities subject to such an exception, when there is a subsequent conveyance or cessation of public use, the corporation counsel may require the execution and recording of a maintenance easement at that time. The easement shall provide for access to post-construction stormwater management facilities at reasonable times in accordance with law for periodic inspection by the department or qualified professionals authorized by the department to ensure that such facilities are maintained in good working condition to meet the applicable design standards. The easement shall be recorded by the grantor in the office of the city register or, if applicable, the county clerk after approval by the corporation counsel. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021; Am. L.L. 2025/150, 10/25/2025, eff. 10/25/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.

NYC Admin. Code § 24-560 Stormwater maintenance permit.

§ 24-560 Stormwater maintenance permit. It is the duty of all owners of real property, jointly and severally, served by a post-construction stormwater management facility required by a SWPPP accepted by the department pursuant to this subchapter to provide for the inspection and maintenance of such facility in accordance with this section and the rules of the department. The department shall maintain a record of all such post-construction stormwater management facilities and the property served by each such facility. As soon as practicable after final stabilization of a site, the owner of property served by a post-construction stormwater management facility shall submit to the department an application for a stormwater maintenance permit for such facility. Such owner shall provide for the renewal of such permit every 5 years in accordance with the rules of the department. The department shall issue or renew such permit upon receipt of a satisfactory inspection report certified by a qualified professional retained by the owner indicating that the facility has been installed and/or is operated and maintained in good working condition to meet applicable design standards and the rules of the department. A facility shall be maintained in good working condition throughout its useful life and replaced in accordance with the rules of the department. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-112326Fetched: 10/24/2026