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Little 'e'compliance in Special Districts

An ‘e’ designation on the zoning map indicates that a property has been identified as having certain environmental qualities pertaining to air and noise quality and/or hazardous material contamination(HAZMAT) in the soil. When a project qualifies to conform with environmental standards a protocol needs to be established with DEP. When the protocol has been accepted the DEP issues a “Notice to Proceed.” The DOB will not issue an approval on an affected project without the notice in place.

ZR 11-15 of the zoning resolution spells out which projects are required to comply. As per this section, only residential or community facility developments, enlargements or changes of use must comply with Air and Noise standards when identified on the zoning map. Any project which disturbs the soil must comply when there is a HAZMAT designation.

In certain Special districts (LIC Mixed Use and the new Coney Island Special District to name just two) the type of projects that need to comply has expanded. The Special Districts contain language that require any change of use (not just residential or community facility) to comply with air and noise standards. Also a change of use can trigger HAZMAT compliance even if soil is not being disturbed.

Before making a final determination whether your project needs to establish a protocol system with the DEP, check to see if it is in a special district and whether the regulations in that district supercede ZR 11-15.

Posted By Austin Regan

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