The New York City Department of Buildings (NYCDOB) has issued new regulations pertaining to notifications to be made pursuant to earthwork permits. An earthwork permit is required for any type of work which consists of altering a foundation, new construction and the excavation and filling of soils or other earthen materials.

Those holding a permit for any type of earth work mentioned above may not begin work unless they notify the Department of Buildings within twenty-four to forty-eight hours before beginning work.  Permit holders must notify the NYCDOB by phone, fax or email and must state the date on which the work will begin.  If beginning work on a holiday or weekend, notification must be made on the last business day before the stated work date.  In the past, permit holders needed to only notify adjoining property owners within five days of start of construction or excavation. The regulation also calls for the permit holder to notify the Department of Buildings if work will not begin as scheduled.  Notification must be made no later than the day originally slated for the work to begin and a new date must be filed following the same guidelines as stated above.

 If the new guidelines are not followed, the Department of Buildings may issue a stop work order, which would begin immediately. A stop work order would mandate that work must be halted for no less than three days so the NYCDOB may take what ever actions they deem appropriate to verify work is being done safely.  Work may begin once the Department of Buildings lifts the order.

Some exceptions to the regulation do exist.  Burial plots and emergency excavations by certain New York agencies are excused from the compliance.  Also exempt are (1) test pits for geotechnical observation that are no larger than ten feet in length, width or diameter provided they are excavated under the supervision of a licensed professional and (2) hand excavation of no more than five feet which are two or more feet from a foundation.