The New York City Department of City Planning (“DCP”) has proposed amendments to the New York City Zoning Resolution, expanding the environmental (E) designation program that identifies sites of potential environmental concern. The Mayor’s Office of Environmental Remediation (“OER”), which administers the E designation program, is anticipated to publish draft rules to implement the proposed changes in coming weeks.
During area-wide rezonings, the Zoning Resolution authorizes the placement of E designations on affected lots with potential significant adverse air quality, noise or hazardous materials impacts. Before undertaking any land use or property changes that require a building permit from the Department of Buildings (“DOB”), owners of designated lots must first receive approval from OER that E designation requirements have been satisfied, which may involve additional environmental analysis or remediation.
DCP has summarized the proposed changes to the E designation and related sections of the Zoning Resolution, broadly characterizing the revisions in six categories: environmental restrictive declarations; applicability; enforcement; post-approval modifications; ongoing monitoring; and duplicative and outdated text updates.
Most importantly, the amended text makes the E designation program applicable to environmental restrictive declaration (“RD”) properties, the first step in doing away with the practice of using environmental RDs. Currently, DCP uses RDs to ensure investigation and any necessary environmental remediation on applicant-controlled properties in connection with zone changes, variances, special permits and other DCP-issued authorizations. The E-designation program currently only applies to zoning map amendments; typically, area-wide rezoning. The proposed amendments would merge both into an expanded E designation program.
The City Planning Commission held a public hearing on the Zoning Resolution amendment on January 4, 2012 and will continue its review through February 29, 2012. The City Council will then have 50 days to review the amendment. OER has also indicated that it will be publishing its draft rules implementing the E designation program in the coming weeks. Sive, Paget & Riesel is tracking these developments, and will continue to provide updates as the zoning amendment is finalized and the OER rules become available for review and comment.
For more information on E designations, contact Christine Leas or David Yudelson.
