Rule changes recently proposed by the New York City Landmarks Preservation Commission (LPC) would allow LPC staff to approve more kinds of landmark and historic building work without sending applicants to a public hearing.
What’s changing
The LPC noticed that a lot of time was being spent on the public hearing process for work that was (a) routinely approved by the LPC or (b) had “no significant impact” on the exterior architecture or streetscapes of regulated buildings and districts. By amending portions of Chapter 2 (the rules for approving work), Chapter 7 (permit revocation), and Chapter 11 (enforcement) of Title 63 of the Rules of the City of New York, the LPC aims to free up time and capacity for projects that do require public input and more in-depth scrutiny.
Some of the highlights of the proposed changes:
Windows, doors and skylights
Aluminum and fiberglass would be allowed as replacement materials for some “non-special” windows in small buildings, and metal or fiberglass would be allowed as replacement materials at large individual landmarks.
A new skylight provision would be included under sloped roofs. Skylights would be capped at 32 inches by 55 inches, with no more than two visible from the same viewpoint. Basement windowsills could also be lowered for light and air.
Rear yard additions and decks
LPC staff could approve a non-visible rear addition up to one story as long as it extends no more than 15 feet, among other criteria. Decks could project up to 12 feet, and metal balconies could project up to four feet.
Excavation and major structural work
Excavation now includes major structural work, and both will be subject to review by the LPC consulting engineer and/or specialized engineering units at the New York City Department of Buildings (DOB). This process will now be called “Enhanced Engineering Review.”
Yards, accessibility and sidewalks
The proposal adds basement lightwells, loosens rules on garbage enclosures and ironwork, and permits fences across driveways in some cases. It also expands LPC staff approval for ramps, lifts and entrance changes, including limited cases at individual landmarks, and adds six historic districts to the list where sidewalks are regulated.
Substitute materials
There would be more options for substitute materials on terra cotta cornices and balconies with weight problems, and on garages and utilitarian outbuildings.
Revocation and enforcement
If an expedited certificate of no effect (XCNE) was issued for work that wasn’t actually eligible, LPC could revoke it immediately. Warning letters and stop work orders could be sent by email.
When it would take effect
Because these are proposed rules, there is no effective date until the Commission reviews public comments, decides whether to revise the text, and formally adopts a final rule. Under the City Charter, final rules generally take effect 30 days after they’re published in the City Record. Until then, current rules apply.
Why LPC is proposing it
There are two main reasons behind these proposals: efficiency and transparency. The efficiency comes in the savings from not needing to run routine work through the public hearing process. The proposed rules are intended to codify the decisions that LPC staff routinely make anyway, giving applicants a better idea of what the applicable standards will be before they file.
What owners and architects would need to do
If the proposed rules were adopted, compliance would mean meeting the specific criteria for your work type. Staff approval is available only when every criterion is met, so a project that misses one would still go to a public hearing.
Probably the most important thing to do, whether the proposed ruled are enacted or not, is to make sure your contact email on file with the LPC is current. If the proposed rules come into effect, the only way you’ll receive warning letters or stop work would be by email.
It’s a good idea to also whitelist LPC email addresses (or ask your IT department to do this for you) so that LPC communications don’t go to a spam folder or get blocked by a firewall. “It went to spam” is unlikely to overturn a warning or work stoppage or eliminate fines.
