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Local Laws 92/94: Solar & Green Roofs 

Local Law 92 and Local Law 94 require that the roofs of certain buildings be partially covered with green roof or solar photovoltaic electricity generating systems in accordance with the New York City Building Code.

At its most basic level, a roof functions to provide protection from the elements.  For many buildings, it may provide space for mechanical systems and other building services or might provide outdoor space for recreation and respite. However, building roofs can also provide services to reduce the carbon emissions of a building. Green roofs, or roofs permanently covered in vegetation, reduce carbon emissions by retaining and slowing the stormwater runoff from storm events. When less water enters the City’s storm drainage system, it not only reduces pollution, but it also results in less water to clean in our City’s wastewater treatment plants. 

Solar Photovoltaic systems produce electricity by harnessing the energy of the sun. Solar is more affordable than ever before, and the color of your roof matters.  Dark roof surfaces absorb solar radiation that can pass through building elements as unwanted heat gain, while also raising summer temperatures through the heat island effect. In New York City, all roofs must be cool roofs, with some exceptions – meaning the materials must meet solar reflectivity requirements.

Covered Buildings

Applicable on:

  1. new buildings
  2. new roofs resulting from enlargement of existing buildings, and
  3. existing buildings replacing an entire existing roof deck or roof assembly.

Exceptions

Areas occupied by rooftop structures, like mechanical equipment and fire access pathways.

Requirements

These laws require 100% of the Sustainable Roofing Zone to be covered in either green roofs and/or solar energy systems.

In calculating the sustainable roofing zone, certain areas of the roof are allowed to be excluded:

  1. areas required to be set aside for setbacks or access pursuant to the New York City Fire Code, the New York City Construction Codes, or the Zoning Resolution of the City of New York; i.e., rooftop access areas required by Fire Code section 504.4 that must be kept clear are excluded from the sustainable roofing zone.
  2. areas occupied by rooftop structures, mechanical equipment, towers, parapets, guardrails, solar thermal systems, and appurtenances
  3. areas occupied by obstructions related to stormwater management practices including, but not limited to, cisterns or reuse systems that are installed to comply with site connection or stormwater construction permits issued by the Department of Environmental Protection (DEP); this shall include blue roofs installed in accordance with DEP guidelines for rooftop rainwater detention
  4. terraces on setbacks comprising less than 25% of the area of the largest floor plate in the building
  5. recreational spaces that are integral to the principal use of the building on which the rooftop is located, including playgrounds and participant sport areas for sports facilities and schools; this shall also include roof terraces that are accessory to the use of the building for the building occupants’ use that are documented on the Certificate of Occupancy or DOB-approved filing.
  6. roof assembly with a slope greater than two units vertical in 12 units horizontal (17%) that would accommodate less than 4kW of solar photovoltaic electricity capacity, based on panels with an efficiency of not less than 15%.
  7. areas where site conditions are determined by the Department to be unfavorable to either a solar photovoltaic electricity generating system or a green roof system.

Technical/Buildings Bulletin 2019-010 clarifies the green roof and solar requirements for new and existing buildings under Local Laws 92 and 94 of 2019 in a Sustainable Roofing Zone.

Filings for Solar and Green Roofs are filed in DOB NOW. Please refer to the DOB NOW Filing Instructions for the technical report requirements.

Property Tax Abatements

Requests for a New York State Property Tax Abatement will be submitted as part of the Solar or Green Roof filing in DOB NOW.

At the present time, please follow these instructions to submit the PTA3 form to apply for the Green Roof Tax Abatement until the tax abatement question for Green Roof filings is reinstated into DOB NOW: Build.

Who can do this work?

A Registered Design Professional is required for green roof and solar filings. Solar filings also require an associated electrical filing by a licensed electrician.

Fees

Please refer to the DOB NOW Filing Instructions.

Additional Information & Resources

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