Challenges

 

Development Challenge Process

Once a Zoning Diagram (ZD1) is approved and posted, any member of the public has 45 days to challenge the Department's zoning approval of the project (initial challenge period).


To submit a challenge, file a Zoning Challenge and Appeal Form within 45 days of posting of the Zoning Diagram.


Send complete Zoning Challenge and Appeal Forms to:

NYC Department of Buildings
Attn: Customer Service
280 Broadway, 5th Floor
New York, NY 10007

Fax: (212) 393-2550
Email: publicchallenge@buildings.nyc.gov

 

Filing Zoning Diagram

Applicants must submit zoning diagrams to graphically summarize the proposed zoning bulk, yards and street plantings for new building, or enlargement projects.  The ZD1 Form must be submitted prior to approval for New Building (NB) and Alteration Enlargement (ALT) projects. If changes are made that affect the initial ZD1, a new ZD1 must be submitted with subsequent applications or Post Approval Amendments (PAAs).

 

Zoning Challenge and Appeal Form

Upon approval of the ZD1 application, the diagram will be posted online. Use this form to challenge the zoning approval on an approved job by the Department:

 

Initial Challenge Review

At the conclusion of the 45 days, the Borough Commissioner will review all challenges received for the project and will render decisions. All decisions will be posted online. If a challenge is determined to be valid, appropriate enforcement action will be taken, including issuance of Stop Work Orders, revoking of permits, etc.

 

Community Appeals Period

If the initial challenge is denied by the Borough Commissioner, the public will be given an additional 15 calendar days to appeal the decision. File a new Zoning Challenge and Appeal Form to do so.

 

Final Challenge Review

The First Deputy Commissioner will review the appeal and will issue a determination. Subsequent appeals may be made to the Board of Standards and Appeals.