Construction Noise Rules & Regulations - DEP

Environmental Protection


Noise Code

Construction Noise Rules Regulations & Forms


You are allowed to conduct construction on your property between 7am and 6pm on weekdays. At all other times, including anytime on the weekends, you must apply for after-hours authorization. Any person or business doing construction in the city must develop a Construction Noise Mitigation Plan before the start of construction or renovation. You will need to check off that you have a Construction Noise Mitigation Plan in your Department of Buildings application for a construction permit. If you are seeking an after-hours construction permit with the Department of Buildings or Department of Transportation (also known as a variance), you must have your Construction Noise Mitigation plan already in place.

All Construction Noise and Alternative Noise Mitigation Plans must be filed online using the forms listed on this page. Copies of the plans must also be available on site in case we inspect your business or property. To avoid fines, be sure that your contractor(s) is aware of these construction activity requirements. If nearby construction impacts you or your business, call 311 or file a report online. For general noise information, visit New York City Noise Code.

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Construction Noise and Minimal Noise Rules

Construction Noise Rules and Regulations

These rules establish a unique noise mitigation plan for each construction site, offering alternatives for contractors to continue their important construction tasks while having less noise impact on the surrounding environment.

View the Rules Concerning Citywide Noise Mitigation

Minimal Noise Rule

The minimal noise rule provides a list of construction activities with minimal noise impact as well as specific noise mitigation procedures that must be implemented whenever the listed construction activities take place.

View the Rules Concerning Minimal Noise Impact Construction Activities

Construction Noise Contact Sheet

All contractors should have the Construction Noise Contact Sheet posted on a fence outside their construction site.

Download the Construction Noise Contact Sheet

Construction, Utility, Interior Renovation, and Minimal Noise Mitigation Forms

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. The attached sample form of a noise mitigation plan is intended to inform the user of the required plan elements that a responsible party must include when the listed devices are being used on site, and the mitigation strategies and best management practices that are being employed as defined in 15RCNY Section 28-102.

Construction, Utility, Interior Renovation, and Minimal Noise Mitigation Forms

Within this link you will find the following forms:

Construction Noise Mitigation Form

Utility Noise Mitigation Form

Interior Renovation Noise Mitigation Form

Minimal Noise Mitigation Form

Download the Construction Noise Mitigation Public Access File

Construction Noise Alternative Mitigation Forms (After & Authorized Hours, Undue Hardship)

A Noise Mitigation Plan is also required pursuant to 24-220(b) of the Air Code. When required by Section 24-221 of the Administrative Code and or 15 RCNY Section 28-104, a complete and accurate Alternative Noise Mitigation Plan (ANMP) must be filed when strict compliance with the noise mitigation rules is not possible. When an ANMP is required, all construction activities that fall under it must be postponed until it is filed and approved by the DEP. After review and approval by DEP’s technical staff, the plan must be readily posted at the job site. To access appropriate alternative noise mitigation forms, please click the link below.

Construction Alternative Noise Mitigation Form

Within this link you will find the following forms:

After Hours for Utilities and Street Work

Authorized Hours—Weekdays 7am to 6pm Form

Undue Hardship After Hours Construction Work Authorization Form

Download the Construction Alternative Noise Mitigation Public Access File

Vendor Guidance For Smaller Construction Jobs

The following is intended to provide guidance to construction contractors with respect to finding and selecting suitable noise control products used on smaller construction jobs. These products and vendors may be helpful to contractors for achieving compliance with the New York City Noise Regulations.

Download the Vendor Guidance Document For Smaller Construction Jobs

Construction Noise Control Products and Vendor Guidance Sheets

The following is intended to provide guidance to construction contractors with respect to findings and selecting suitable noise control products. These products and vendors may be helpful to contractors for achieving compliance with the New York City Noise Regulations. These items are provided only as suggestions for contractors to consider and should not be construed as an official endorsement of any product and/or vendor by the City of New York. Contractors are free to choose other products/vendors that meet the requirements of such Code. This sheet will be updated from time to time as new noise control technologies gain acceptance.

Download the Construction Noise Control Products and Vendor Guidance Sheets

Construction Noise Guidance Sheet

The Construction Noise Guidance Sheet provides the noise mitigation measures that meet the requirements to be used as a barrier. When the Deparment of Buildings (DOB) regulations require a perimeter barrier, or “construction fence,” and the site is within 200 feet of a receptor or a receiving property as defined in 15 RCNY § 28-109, perimeter noise barriers shall be made of noise-resistant material sufficient to achieve a Sound Transmission Class (STC) rating of STC 30 or greater, based on sound transmission loss data taken according to ASTM Test Method E 90. To be at all effective, the barrier must be long and tall enough to completely block the line-of-sight between the noise source and the receptors. The gaps between adjacent panels must be filled-in to avoid having noise penetrate directly through the barrier and lined with material that breaks the line-of-sight between the noise source and indoor receptors within 200 feet and a maximum of 20 feet above grade level where practicable; however, said barrier's height shall not exceed 15 feet, including the balanced canted portion. The barrier must be free of leaks or gaps that will allow noise to pass through the barrier. Further, the responsible party shall fill in any gaps and holes in adjacent panels of noise barriers with noise attenuation material, so as to maximize the effectiveness of such barriers. Such noise attenuation material shall include noise curtain material, additional plywood, or similar material. When viewing ports are required in the curtain material, they shall be filled in with clear plastic attached to the curtain.

Download the Construction Guidance Sheet.

After Hours Construction Noise Protocol

LL 53 of 2018 requires DEP to publish on the city’s website the manner by which noise levels shall be measured during after hours inspections. The Noise Code already requires readings to be taken in LMAX with the sound level set to slow response. This protocol provides more detailed guidance so the public is aware of the manner in which inspections are conducted.

Download the After Hours Construction Noise Complaint Inspection SOP

Download the 2018 Annual Report

National Institute for Occupational Safety and Health Buy Quiet Program

Noise-induced hearing loss is one of the most common work-related illnesses in the United States. To create a more healthful workplace, the National Institute for Occupational Safety and Health recommends preventing hazardous noise through controls for noise exposure and encourages business owners to create Buy Quiet programs as a first step.

Read more about Controls For Noise Exposure

Read more about the Buy Quiet Initiative