Under a Revocable Consent (New York City Charter Chapter 14 §362(d)), New York City can grant permission to use and improve upon public streets and sidewalks, but the grant of this right is also revocable at will.
A list of examples of improvements for Revocable Consent consideration can be found here. LINK
Some rules for a Revocable Consent and eligibility:
- 1. The grant is given to the owner of the abutting property that the structure is accessory to. Revocable Consents are on a fixed term (10 years is common), belongs to the owner, and the city charges the owner an annual fee.
- 2. Revocable consents are usually approved by the Department of Transportation, with some exceptions. For Example, Revocable Consents concerning telecommunication may be granted by the Department of Information Technology and Telecommunications. Revocable consents in connection with the construction and operation of Sidewalk Cafes are reviewed by the Department of Consumer Affairs. The DOT will direct the applicant to the correct agency or will route the application to the agency themselves if this be the case.
- 3. The DOT request should state the exact location and scope of work of the proposed project. The review/approval process usually takes around 6 months.
- 4. The Revocable Consent needs to be presented when submitting for DOB/DOT Work Permits to erect the structure.
- 5. If, after the DOT review, the Department of City Planning finds that the grant request has impact or implication on land use, then it will be studied and approved under the ULURP-Uniform Land Use Review Procedure).
- 6. A revocable consent is denied if would interfere with the use of certain public zones and it cannot be given if the intended use may grant a franchise.
- 7. The Office of the Mayor requires that sidewalk corner clearance be maintained. There should be a clearance of 10 feet on either side of the corner. No revocable consent or any other grants, approvals or contracts, is given or renewed that authorizes the placement of any structure at the street corner and corner quadrants.
The NYC Building Code Chapter 32 covers the standards and specifications of encroachments on public right-of-way, both for new construction and existing buildings. Any encroachment that will exceed the limits requires DOT’s approval.