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The Repeal and Reenactment of the Rules for the Issuance of Revocable Land Use Permits for the Occupancy or Use of City Property

CEQR No. 11DEP046U

The New York City Department of Environmental Protection (DEP) is proposing to repeal and reenact Title 15, Chapter 17 of the Rules of the City of New York (RCNY), the existing rules governing the Issuance of Revocable Land Use Permits for the Occupation or Use of City Property (Existing Rules).The Proposed Rules would apply to any Permitted occupation or use of New York City property (lands, waterbodies, reservoirs and infrastructure) in the counties of Delaware, Dutchess, Greene, Orange, Putnam, Schoharie, Sullivan, Ulster, and Westchester. These rules are for the benefit of municipalities, utilities, government agencies, organizations exempt from Federal taxation pursuant to IRC (“Internal Revenue Code”) §501(c)(3), individuals and commercial enterprises who may wish access over or to occupy City owned property. DEP would be the City agency designated as the issuing authority for Revocable Land Use Permits (“Permits”).

The purposes of the proposed repeal and re-promulgation of the Rules for the Issuance of Revocable Land Use Permits for the Occupancy or Use of City Property include:

  • to provide a more user-friendly format;
  • to clarify the application process;
  • to establish a new section that covers the term and renewal of the Revocable Land Use Permit;
  • to establish a category of applicants for which the application and permit fees will be waived, and remove the Commissioner’s discretion to waive fees only for entities that provide services to NYC-owned facilities;
  • to require that permittees supply a surety bond when siting major infrastructure improvements on City property. The surety bond will cover the cost of any repairs or remediation made necessary by:
    • a permittee’s use of City property; and
    • the removal of such improvements and restoration of the property in case the permittee abandons those improvements after DEP revokes or terminates the permit.


The proposed rule also allows DEP the opportunity to perform such repairs, remediation or removal itself based on the nature and location of the repair, remediation or removal at issue.

  • to provide 30 days’ notice prior to revocation to give the permittee the opportunity to resolve the problem underlying the proposed revocation;
  • to reorganize the fee schedule into table format and to differentiate between Commercial and Non-Commercial fees to make the fee schedule easier to understand; and

The proposed action requires promulgation pursuant to authority granted to the Commissioner of the Department of Environmental Protection as set forth in sections 24-308, 24-309, 24-310, 24-332, 24-334, 24-337, 24-342, and 24-346 of the Administrative Code of the City of New York. The proposed action also requires approval according to the City Administrative Procedure Act (CAPA). No State or Federal approvals are required to implement the proposed action.

If you have any questions regarding the environmental review please contact SangamithraIyer at the below address, otherwise please contact Melissa Siegel.

Sangamithra Iyer, P.E.
Project Manager, Water Supply Infrastructure and Watershed Assessment
New York City Department of Environmental Protection
Bureau of Environmental Planning and Analysis
59-17 Junction Blvd, 11th Floor
Flushing, New York 11373

Melissa Siegel
New York City Department of Environmental Protection
Bureau of Legal Affairs
59-17 Junction Blvd, 19th Floor
Flushing, New York 11373


Reservoir Levels

Current: 97.4%

Normal: 88.9%