Regulation of Landscape Improvements.
63 RCNY § 6-05
in effect§ 6-05 Regulation of Landscape Improvements.
(a) Actions not Subject to Regulation.
(1) The landmarks preservation commission shall not regulate ordinary and beneficial landscaping activities which are in accordance with accepted horticultural practice such as pruning, planting of seasonal flower beds or vegetable gardens, or planting of ornamental shrubs or trees.
(2) The landmarks preservation commission shall not regulate the placement of portable garden furniture nor the installation of any temporary enclosure such as a tent for a party or reception.
(b) Modification of landscape improvements.
(1) the boundaries of the Riverdale Historic District lie entirely with the Riverdale Special Natural Area District. These rules are intended to work with and complement the Riverdale special natural area district zoning.
(2) The Landmarks Preservation Commission shall regulate any modification to the landscape of the Riverdale Historic District which involves the installation of any permanent fixture or the construction of any structure or paved area or which would cause the demolition of, or have an impact on, any significant landscape improvement. Such work shall include:
(i) modification to or construction of any wall, step, path, drive, railing, fence, gate and gate post, permanent garden structure and pavilion, sidewalk and street gutter;
(ii) any change which affects or impacts upon a hedge or Mature Tree as well as any excavation or fill in a slope exceeding 15 percent; and
(iii) the installation of a new paved area, patio or deck.
(3) The Landmarks Preservation Commission shall issue a CNE or a PMW for the following landscape modifications:
(i) Work which does not result in damage to or demolition of any Significant landscape Improvement.
(ii) Work which in terms of placement, style, size, material and finish is compatible with the special characteristics of the Riverdale Historic District.
(4) The Landmarks Preservation Commission shall consider any application for a proposed landscape modification which does not meet the criteria for a CNE or PMW set forth above in 63 RCNY § 6-05(b)(3) as a request for a certificate of appropriateness and shall hold a public hearing on such application.
(c) Applications for proposed work. An application shall be filed for any proposed work having an effect on any landscape improvement within the Riverdale Historic District for review by the Landmarks Preservation Commission and no work shall commence until the Landmarks Preservation Commission has issued a permit approving such work.
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/NYCrules/0-0-0-90800Fetched: 10/24/2026