New York, NY Environmental Rules: Erosion Control (2026)
Key Facts
- Permit required
- Written DOT permit for land contour work
- Covers
- Clearing, grubbing, grading, filling, excavating
- Exemption
- Minor 1-2 family improvements not changing runoff
- Enforcement
- DOT can fix and lien the property
- Citation
- NYC Admin Code § 19-137
Summary
New York City requires a written Department of Transportation permit before grading, clearing, filling, or excavating vacant lots or other land areas that could change surface drainage, unless the work is covered by a DOB building permit or a DEP stormwater construction permit.
The term "land contour work" means clearing, grubbing, grading, filling or excavating vacant lots and other land areas but does not include minor work which does not change surface drainage patterns. ... It shall be unlawful for any person to perform or cause, procure, suffer or permit to be performed any land contour work, except as provided in subdivision c hereof, without a written permit from the commissioner.
Full Breakdown
Administrative Code § 19-137 defines 'land contour work' as clearing, grubbing, grading, filling, or excavating a vacant lot or other land area, and bars anyone from doing it without a written permit from the DOT commissioner. The permit requirement doesn't apply when the grading is covered by a Department of Buildings construction permit performed within the building's lot lines, involves only minor improvements to an existing one- or two-family house that don't change runoff patterns, or requires a DEP stormwater construction permit under Title 24. Any grading that disrupts existing drainage must be corrected; DOT can perform the fix itself and place a lien on the property for the cost.
Violations & Fines
Performing grading, filling, or excavation without a permit is unlawful; DOT can order drainage conditions corrected, do the work itself, and bill the owner as a lien on the property.
Frequently Asked Questions
Do I need a permit to grade or fill a vacant lot in NYC?
What happens if grading work blocks drainage?
Sources & Official References
Other rules in New York
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