Flood Remediation in the Outer Boroughs of NYC

The purpose of this guide is to help connect New Yorkers residing in the outer boroughs with the flood remediation resources available to them.

To carry out this goal, this guide will use as examples specific areas in need of flood remediation. For each of these areas this guide will (1) describe the issue; (2) identify any administrative agencies responsible for remediating the issue; (3) provide a brief overview of that agency’s purview; and (4) identify any other legal resources that may help remediate the flooding.

The issues identified below are reflective of common flooding issues. Therefore, the solutions that are identified can be broadly applied to many flooding issues across the five boroughs of NYC.

Flood remediation on Church Lane in Canarsie presents a unique challenge. Despite appearing to be a public road, the section where the flooding is occurring is private property. The City will not remediate flooding which occurs on private property. Establishing whether an area is private or public property is not always obvious. Church Lane lacks any physical markers to indicate what is City property and what is private property. In this case, two sections of Church Lane were removed from the City Map and incorporated into Canarsie Cemetery in 1974. The City then sold Canarsie Cemetery, along with the two sections of Church Lane, to Cypress Hills Cemetery in 2011. Therefore, Cypress Hills Cemetery is responsible for any flood remediation.

A good method for figuring out whether a street is public or private is by referring to the NYC Street Map. The NYC Street Map (found  here ) provides a reasonably comprehensive collection of street records in an easily navigable format. By simply clicking on a street, users can quickly access information about that street.

Community members can still compel private owners to remediate flooding on private property. Standing water provides a breading ground for mosquitos and is a public health risk. The City's Health Code  (New York City Health Code §151.03)  requires private property owners to address any standing water or face fines from the City. Complaints for standing water can be made to 311 and should be directed towards the  Department of Health and Mental Hygiene .

The Department of Environmental Protection has jurisdiction over the City's sewage system. This includes the storm water runoff drains that you see on street corners. Storm drains are also often referred to as catch basins.

Just like the plumbing in your home, storm drains can clog. Clogs can be a cause of slow drainage or no drainage. Community members can help by ensuring storm drain grates are clear of leaves and trash. If flood water is stagnant above a storm drain, check if there is any garbage or leaves clogging the grate. If, after clearing away physical debris, the water still does not drain, a complaint should be  filed with the Department of Environmental Protection .

Like all infrastructure, storm drains have a maximum capacity which limits the volume of water they can carry away at any given time. Even if a drain is clear, the area may temporarily flood during heavy rain. This occurs when rainwater overwhelms the maximum capacity of a storm drain and causes water to backup. Additionally, when water table levels rise, sewage capacity is reduced. This kind of flooding usually dissipates quickly after the rain stops. As flash flooding events become more severe and more frequent, this kind of flooding will become more frequent. Storm drains that are frequently overwhelmed present a larger issue that should be brought up to your City Council member's office.

A less dramatic, but often more persistent form of flooding is large stagnant puddles which collect in low lying parts of the street with nowhere to drain. Ensuring the street is leveled to direct water towards storm drains is referred to as "road grading." Small puddles that accumulate in potholes can be addressed by a simple repaving ( which can be requested here ). However, re-grading a road is a more involved and expensive process that involves digging up to a foot below the road surface.

Any part of a public road, starting from the curb and excluding manholes & sewer grates, is the responsibility of the Department of Transportation (DOT). Therefore, the DOT is responsible for remediating flood issues related to street grading. When the grading of the street requires significant adjustment, the DOT may need to perform a full reconstruction of the street. This process involves replacing over a foot of the roadway below the streets surface. Large reconstruction projects can take between three to five years to plan, approve, and complete. Because of the significant time and funding involved and because the work is so comprehensive, community members should work with the DOT through their  community board .

Tidal flooding, also known as "sunny day flooding", occurs when low lying areas are temporarily inundated with water during high tide. Low lying coastal neighborhoods such as City Island, Coney Island, and the Rockaways are particularly vulnerable to this kind of flooding. Tidal flooding can be caused by factors such as erosion, the position of the moon, and sea level rise. Tidal flooding is one of the most complex issues a community can face. Addressing tidal flooding generally requires substantial infrastructural investment and can involve both state and federal agencies.

In New York State, coastal jurisdiction is based on the Mean High Water Line. The mean high water line is the average height of the daily high waters measured over a 19-year period. Different agencies have jurisdiction over different parts of the water based on the features of the water. Generally speaking, the New York State Department of Environmental Conservation has jurisdiction to regulate activities near any shorelines. This includes any development on privately owned land within the DEC's jurisdiction. However, there are exceptions.

Because tidal flooding can occur for a wide variety of reasons, and can involve many different agencies, there is no one size fits all solution. Because of its complexity, tidal flooding is best addressed as a community. Therefore, community members ought to bring tidal flooding to the attention of their  community boards  and  City Council members . Additionally, the City of New York provides a  website  to aid in navigating coastal jurisdiction.

Another resource for community members is the  Community Flood Watch program  organized by the Science and Resilience Institute at Jamaica Bay. The program trains residents how to document flood data which can then be shared with scientists and city officials who address flooding issues. By submitting data to the project, community members can ensure their flooding issues receive further exposure.

 Find your City Council member 

 Find your community board  

 Submit a 'Community Flood Watch Report'  

 Department of Environmental Protection 

 Department of Transportation 

 NYC Street Map 

 311 Catch Basin Complaint