File #: T2025-3757    Version: * Name: Maintenance easements for post-construction stormwater management facilities and civil penalties for violations of the water pollution control code.
Type: Introduction Status: Committee
Committee: Committee on Environmental Protection, Resiliency and Waterfronts
On agenda: 6/30/2025
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to maintenance easements for post-construction stormwater management facilities and civil penalties for violations of the water pollution control code
Sponsors: James F. Gennaro
Council Member Sponsors: 1
Summary: This bill would streamline the stormwater permitting process by allowing developers to obtain a stormwater construction permit before executing and recording a maintenance easement. The maintenance easement would instead be required as a condition of obtaining a stormwater maintenance permit. The bill would also increase the civil penalty cap for violations of the stormwater pollution control code from $10,000 to $15,000.
Attachments: 1. Int. No., 2. Summary of Int. No., 3. Fiscal Impact Statement - City Council, 4. Fiscal Impact Statement - OMB, 5. Committee Report 6/20/25

Preconsidered Int. No.

 

By Council Members Gennaro

 

A Local Law to amend the administrative code of the city of New York, in relation to maintenance easements for post-construction stormwater management facilities and civil penalties for violations of the water pollution control code

 

Be it enacted by the Council as follows:

 

Section 1. Section 24-559 of the administrative code of the city of New York, as amended by local law number 91 for the year 2020, is amended to read as follows:

§ 24-559 Post-construction stormwater management facilities. Where post-construction stormwater management facilities are required by the department, the department shall not issue a stormwater [construction] maintenance permit for the project until the execution and recording of a maintenance easement, which shall be binding on all subsequent owners of the real property served by such post-construction stormwater management facility, except where the corporation counsel has determined that such a maintenance easement is not necessary due to the property’s ownership or use by a public agency or instrumentality. For post-construction stormwater management facilities subject to such an exception, when there is a subsequent conveyance or cessation of public use, the corporation counsel may require the execution and recording of a maintenance easement at that time. The easement shall provide for access to post-construction stormwater management facilities at reasonable times in accordance with law for periodic inspection by the department or qualified professionals authorized by the department to ensure that such facilities are maintained in good working condition to meet the applicable design standards. The easement shall be recorded by the grantor in the office of the city register or, if applicable, the county clerk after approval by the corporation counsel.

§ 2. Section 24-585 of the administrative code of the city of New York, as added by local law number 97 for the year 2017, is amended to read as follows:

§ 24-585 Civil penalties. Any person who violates or fails to comply with any of the provisions of this chapter or any order or rule issued by the environmental control board within the office of administrative trials and hearings or the commissioner pursuant thereto shall be liable for a civil penalty not exceeding [ten thousand] 15,000 dollars for each violation. In the case of a continuing violation each day’s continuance shall be a separate and distinct offense. The office of administrative trials and hearings, pursuant to section 1049-a of the charter, shall have the power to impose such civil penalties. A proceeding to impose such penalties shall be commenced by the service of a notice of violation returnable to such office. Such office, after a hearing as provided in accordance with applicable law and rules, shall have the power to enforce its final decisions and orders imposing such civil penalties as if they were money judgments pursuant to subdivision d of section 1049-a of the charter. A civil penalty imposed by such office may also be collected in an action brought in the name of the city in any court of competent jurisdiction. The environmental control board within the office of administrative trials and hearings, in its discretion, may, within the limits set forth in this section, establish a schedule of civil penalties indicating the minimum and maximum penalty for each separate offense or may use a schedule adopted by the department.

§ 3. This local law takes effect immediately.

 

SNT

LS #19863

6/10/2025 2:43 PM