If you intend to install a structure on, under, or over a City street or sidewalk, you must petition for a revocable consent from NYC DOT.
The revocable consent approval process, including any necessary Public Design Commission or Landmarks Preservation Commission review, of above-ground structures generally takes one year. The review process is formally described in Chapter 7 of Title 34 of the Rules of the City of New York.
What is a Revocable Consent?
A revocable consent is the grant of a right to an individual or organization to construct and maintain certain structures on, over, or under the inalienable property (streets and sidewalks) of the City. Generally, revocable consents are granted for a term of 10 years, at the end of which time they may be renewed. As the name implies, the City retains the right to revoke a revocable consent at any time.
Revocable consents are generally for the sole use and benefit of the applicant, who in most cases is required to own or lease the property that is benefited by the structure. A revocable consent cannot be issued for the purpose of generating revenue. The revocable consent cannot be sublet, assigned, or transferred without the prior written approval of NYC DOT.
There is an annual fee for all revocable consents, except security structures approved by NYPD.
Petitioning for a New Revocable Consent
To petition for a new revocable consent, you must first submit the following forms and documents:Initial Submission (Documents Required):
- Draft Petition Form
- Filing Fee (Non-Refundable)
- Copy of Deed
- Copy of Corporate Papers, Articles of Organization or Condominium Declaration
- Current IRS 147-C Letter or Current IRS SS-4 Letter
- RC-10 Form
- Plan Set Template (Example)
- City of New York Substitute W-9 Form
- Affirmation Form
- Certification of Insurance (submitted in ACORD form)
- Broker’s Certification
- Security Deposit (Amount TBD)
There are several types of petition forms depending upon your needs. Please choose from one of the options below:
- Petition for a New Revocable Consent for new types of improvements
- Petition for Renewal of Revocable Consent for petitioners wishing to renew their current or expired revocable consent
- Petition for Modification of Revocable Consent for petitioners wishing to modify their existing revocable consent
- Petition for Assignment of Revocable Consent for petitioners wishing to transfer ownership of an existing revocable consent
- Petition for Rescission of Revocable Consent for petitioners wishing to end their existing revocable consent
Your petition must be accompanied by a plan drawn by a professional engineer or registered architect licensed by the State of New York. Plan requirements are spelled out in Section 7-07 of Title 34 of the Rules of the City of New York and the plan review checklist.
Filing fees range from $100 to $750, depending on the type of proposed structure. A complete schedule of the filing fees for revocable consent applications appears in Section 7-08 of Title 34 of the Rules of the Rules of the City of New York.
Upon receiving a complete petition for a revocable consent, NYC DOT will distribute it to the appropriate City agencies for review. If an agency objects to a proposed revocable consent structure, changes to the plans may be required in order to rectify the cause of the objection. However, such objections are fairly unusual, and almost never result in the rejection of a petition.
The Department of City Planning may determine through their review that a proposed revocable consent requires land use review pursuant to the Uniform Land Use Review Procedure (ULURP). If ULURP is needed, the petitioner will be required to complete any of the additional paperwork and submit the petition for ULURP review, which in most cases takes approximately six months.
Most above-ground structures require the approval of the New York City Public Design Commission. Structures proposed within a designated New York City Historic District or adjacent to a designated New York City Landmark require the approval of the New York City Landmarks Preservation Commission. NYC DOT will provide you with guidance in obtaining these approvals when necessary.
NYC DOT will also check to see if the applicant has any outstanding warrants, liens or unpaid taxes. If applicable, NYC DOT will also check to see if a business is registered with the New York Secretary of State and licensed to do business within the State of New York.
Once all the documents are received, NYC DOT and other agencies will review them. Following document review, a public hearing will be held by NYC DOT. Petitioners are not required to attend.
A notice of the hearing is published by NYC DOT, at the expense of the petitioner. Notice will be posted in one daily newspaper and one local area newspaper. The combined cost of these advertisements varies may be as high as $1,500.
If no issues arise at the hearing or during the subsequent 10-day comment period, NYC DOT will prepare a revocable consent agreement and send it to the petitioner for their signature. The signed and sealed agreement (original and copies) along with all required documentation, should be returned by the petitioner within two weeks. The agreement will then be executed by NYC DOT, sent to the Mayor for approval and registered with the New York City Comptroller.
Paying for a Revocable Consent Online
NYC DOT accepts online payments for annual revocable consent fees. To take advantage of the secure, paperless payment service, you must know your NYC DOT account number, which is listed on your invoice. If you don't have your invoice, please contact NYC DOT at 212-839-6550 or email@example.com. To set up the electronic payment service you will also need to have your bank routing number and your bank account number handy. Click on the link below to access the electronic payment service.Pay your Revocable Consent Fee Online via CityPay