Alerting the DEP to Foundation Work

Local Law 65 of 2018 was passed to regulate how deep your building’s foundation can be before you need government approval. This law comes into effect next year, in 2019. You must let the Department of Environmental Protection (DEP) know about the proposed occurrence at least 30 business days prior if the depth of the work is more than a certain amount.

The minimum depth where you must notify the DEP changes by area of the city:


Min. Depth

The Bronx

50 ft.

Manhattan – North of 135th St.

50 ft.


100 ft.


100 ft.

Staten Island

100 ft.

Manhattan – South of 135th St.

100 ft.

For reference:

  • 50 ft. = 15,240 mm.
  • 100 ft. = 30,480 mm.

Ten business days after you notify the DEP, they will let you know if you can perform the proposed work. The foundation must not be too close to critical infrastructure. If it is too close, you must get a permit before performing the work.

In addition, work must receive DEP approval if any part of the boundary falls within 500 feet of any water tunnel’s centerline.


If you still perform with that has been disallowed because it is too close to critical infrastructure, then the department will issue a stop work order.

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