What is an (E) designation?
An (E) designation (shown below) is a zoning map designation that provides notice of the presence of an environmental requirement pertaining to potential hazardous materials contamination or noise or air quality impacts on a particular tax lot. (E) designations are established as part of a change in zoning that would allow additional development to occur on property, or would permit uses not currently allowed. It is not a notice of a building violation.
How does an (E) designation affect my property?
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 use can take place on your property, the environmental requirements of the (E) designation need to be satisfied.
Who put the (E) designation on the Zoning Map?
(E) designations are established on the Zoning Map by the City Planning Commission and City Council, as a part of a zoning change.
Why was an (E) designation placed on my property?
Zoning changes 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 your property may be affected by noise, or air quality, or hazardous material contamination, then an (E) designation is likely to result.
An (E) designation can occur because the property:
- Was used as or is in close proximity to a gas station or some other underground fuel oil tank;
- Is located in or contiguous to a manufacturing district; Has a history of manufacturing uses;
- Is located next to a building with a history of manufacturing uses;
- Is located on a heavily trafficked street or highway; Is located next to a railroad;
- Has some other environmental condition on the property or nearby that is a cause for concern.
These designations assure that appropriate testing and remediation, if necessary, occur on properties that are being rezoned.
I just found out that there is an (E) designation on my property. What do I have to do now?
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.
Where can I find the environmental requirements of the (E) Designation for my property?
The Zoning Resolution includes a list of adopted (E) designations that describes the environmental condition that needs to be addressed for each property. This full list of adopted (E) designations, list by Block and Lot Number.  View the list of adopted (E) designations.
In order to obtain specific information about (E) designations on your property, you will need the tax block and lot number of your property. If you do not know your tax block and lot number, you can retrieve it using the GeoQuery Address Translator on the Department's homepage.
For more information regarding the (E) designation requirements affecting your property, please contact the Department of City Planning Environmental Assessment and Review Division at (212) 720-3427.
How do I satisfy the environmental requirements of an (E) designation for hazardous materials?
Satisfying the requirements may involve the submission of the results from sub-soil testing or other documentation to the Department of Environmental Protection (DEP). To discuss the specific tests or documentation needed to satisfy environmental requirements for your property, please contact DEP at (718) 595-4433. No testing should commence before conferring with DEP.
In order to obtain a building permit from the Department of Buildings, you will need to present a report from DEP specifying that these environmental requirements relating to the (E) designation have been satisfied.
I think that the (E) designation was placed on my property by mistake. How can I have it corrected?
If you believe that an (E) designation was placed on your property in error, your concerns should be expressed in writing to: Environmental Assessment and Review Division
Department of City Planning, 22 Reade Street, NY, NY, 10007. Be sure to indicate the tax block and lot(s) of the subject property and clearly state why you believe that the (E) designation is in error and include any relevant documentation.
I plan to develop several lots, but only one of them has an (E) designation. How does that affect my other lots?
In the case of a merger or subdivision of tax lots or zoning lots with an (E) designation, involving either improved or unimproved properties, the (E) designation will apply to all portions of the tax lots or zoning lots.
Where can I get more information on (E) designations?
Additional questions can be directed to the Department of City Planning's Environmental Assessment and Review Division at (212) 720-3628.
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