An (E) designation provides notice of the presence of an environmental requirement pertaining to potential hazardous materials contamination, high ambient noise levels or air emission concerns on a particular tax lot. (E) designations, governed by Section 11-15 (Environmental Requirements) of the Zoning Resolution, are established in connection with a change in zoning or an action pursuant to a provision of the Zoning Resolution that would allow additional development to occur on property, or would permit uses not currently allowed.An (E) designation is not a notice of a building violation.
After the establishment of an (E) designation, you may continue to use your property in any legal manner, as you did before the (E) designation, for as long as you like. However, in general, before any new construction or change in land use can take place on your property, the environmental requirements of the (E) designation need to be satisfied.
(E) designations are established by the lead agency responsible for the environmental review (City Environmental Quality Review, "CEQR") of changes to the zoning maps or text of the Zoning Resolution or actions under the Zoning Resolution. With respect to applications for changes to the zoning maps (rezonings) and other zoning actions requiring the approval of the City Planning Commission, the Department of City Planning ("DCP") acts on behalf of the Commission as the CEQR lead agency. If the lead agency is other than DCP, such as the Board of Standards and Appeals ("BSA") or the New York City Department of Housing Preservation & Development ("HPD"), such agencies will have the specific information about an (E) designation established in connection with one of their environmental reviews.
Rezoning applications are denoted by a "ULURP" (Uniform Land Use Review Procedure) number containing six numerical digits followed by the three-letter suffix "ZM", with the last letter indicating the subject Borough ("K" for Brooklyn, "X" for Bronx, "M" for Manhattan, "Q" for Queens, or "R" for Staten Island). The related environmental review application receives a CEQR number with the format ##DCP###, the last digit being a letter indicating the Borough, similar to the ULURP application. "DCP" indicates that DCP was the CEQR lead agency. The CEQR number may be for an Environmental Assessment Statement ("EAS") or for an Environmental Impact Statement ("EIS").
Information about specific ULURP and CEQR applications can be found here. The Zoning Maps, including proposed and adopted changes to Zoning Maps through rezonings, are accessible here. The public hearing schedule for proposed rezonings, as well as other ULURP actions, is available here.
Zoning changes, as well as other zoning actions requiring agency approval, are subject to an environmental review pursuant to state and local law. If an area is proposed to be rezoned, and the accompanying environmental analysis indicates that development on a property may be adversely affected by noise, air emissions, or hazardous material contamination, then an (E) designation may be placed on the property by the lead agency in order to address such issues in conjunction with any new development or new use of the property.
An (E) designation can occur because the property:
The (E) designation is not a building violation and does not affect any legal use on your property. However, if you are planning to build on your property, enlarge the existing building, or change the way the property is used, you will not be able to obtain a building permit until the environmental requirements of the (E) designation are satisfied. To find information about what the environmental requirements are, please see the answer to the question below, "Where can I find the environmental requirements for the (E) Designation for my property?", and, specifically, the section about "CEQR Documents."
The NYC Environmental Review Program for Hazardous Materials, Air Quality, and Window/Wall Noise Attenuation is administered by the NYC Office of Environmental Remediation (OER). The program was formerly administered by the NYC Department of Environmental Protection (DEP). Contact OER about (E) designation and submission of materials through OER’s (E) Designation Web Page.
In the case of a merger or subdivision of lots with an (E) designation, involving either improved or unimproved properties, the (E) designation will apply to all portions of the merged lot or to each subdivided lot, and OER will determine whether the environmental requirements of the (E) designation should apply accordingly.