New York City Noise Mitigation Rules

In accordance with Section 24-220 of the New York City Administrative Code, any individual or entity performing construction work in the city, shall adopt and implement a noise mitigation plan for each construction site when any device or activity is conducted as defined in Section 24-219.  

§ 24-219 Noise mitigation rules. 

(a) The commissioner shall adopt rules prescribing noise mitigation strategies, methods, procedures and technology that shall be used at construction sites whenever any one or more of the construction devices or activities listed below are employed or performed:

  (1) air compressors.

  (2) pile drivers.

  (3) sledgehammers.

  (4) bulldozers.

  (5) pneumatic hammers.

  (6) steam shovels.

  (7) derricks.

  (8) cranes.

  (9) steam or electric hoists.

(10) off-road construction vehicles other than trucks.

(11) pumps.

(12) pneumatic tools.

(13) blasting.

(14) power tools.

(15) tunneling machines.

(16) construction devices with internal combustion engines.

(17) construction devices that emit impulsive sound.

(18) construction devices that create vibration.

(19) metal plates used in street construction to temporarily cover excavations.

(20) any other construction devices or activities specified in such rules.

(b) Such rules shall include but shall not be limited to:

(1) The use of perimeter fences with acoustical insulation, where appropriate.

(2) The use of portable barriers with acoustical insulation, where appropriate.

(3) The use of acoustical blanket insulation, where appropriate.

(4) Testing of exhaust mufflers and certification, in a form and manner to be

      specified in the rules, that mufflers meet factory specifications for noise emissions

      at maximum loading at the commencement of construction at the site.

(5) The development of generic noise mitigation plans, where appropriate.

(6) Additional mitigation measures for sensitive receptors such as hospitals and

      schools, where appropriate.

(c)  The commissioner shall appoint an advisory committee, which shall include, but shall not be limited to, representatives of utility companies and the construction industry, including those industries related to heavy construction, persons with acoustical expertise and/or expertise regarding the health effects of noise, a representative of the city council and employees of the department and of other relevant city agencies. The committee shall provide advice and recommendations to the department relating to construction noise mitigation and shall assist the department in the development of the noise mitigation rules required by this section. The commissioner shall consult with the committee regarding any proposed amendments of such rules. In the development of such rules the commissioner shall consider factors such as the availability, cost and safety of proposed noise mitigation measures.

The forms below are intended for the user to list all the devices used on site, mitigation strategies, and best management practices employed for noise mitigation purposes as defined in 15RCNY Section 28-102.

These forms must be filed on-line.  If you have any problems submitting the forms, please email: noisemitigationformshelp@dep.ny.gov. 

The link below is for the Noise Mitigation form which must be uploaded to the on-line application.  

https://www.nyc.gov/assets/dep/downloads/pdf/air/noise/noise-mitigation-plan-construction.pdf

Please use the link below for the on-line portal: 

https://www.nyc.gov/site/dep/environment/construction-noise-mitigation.page