Flood Remediation in the Outer Boroughs of NYC

A guide to help community members connect with flood remediation resources.

Purpose of This Guide

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.


Church Lane, Canarsie: Navigating Public/Private Ownership

This deep and stagnant puddle on Church Lane has not been addressed due to confusion over whether the street is private or public.

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.

This map amendment shows the sections of Church Lane marked by the dotted lines were removed from the City Map in 1974.

How to identify public/private ownership

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.

How to use NYC Street Map

First, click on the street in question. In this case, we are selecting the flooded segment of Church Lane.

Clicking the map will bring up any official amendments currently uploaded to the database. Note that this database is not an exhaustive source of all map amendments and should be confirmed by the official City Map records.

In this case, the most recent map amendment shows that the two sections of Church Lane marked by the dotted lines were eliminated as a public streets in 1974.

Possible Solution for Church Lane

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 .


Coney Island: Identifying and Reporting Drainage Issues

On W 16th Street, north of the intersection with Neptune Ave, rain water sits stagnate due to a faulty storm drain.

Storm Drain Jurisdiction

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.

Identifying and reporting clogged storm drains

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 .

Understanding the limits of storm water drainage

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.


Greenpoint: Deep puddles caused by poorly graded roads

Large stagnate puddles caused by poor road grading on Moultrie Street in Greenpoint, Brooklyn.

As shown in this Google Street View from 2009, the road grading issue on Moultrie Street has persisted for at least the past 12 years.

Road Grading

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.

Public Road Jurisdiction

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 .


City Island: Tidal Flooding

Tidal flooding at the end of Ditmars Ave. on City Island.

Tidal Flooding

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.

Coastal Jurisdiction

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.

Solutions

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.


Flood Watch: An Additional Resource to Raise Awareness of Flooding.

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.


311: Effectively Utilizing and Understanding 311

311

Most issues related to flood remediation are resolved through a process that starts with a 311 complaint. Filing a complaint with 311 often appears to do nothing. However, by understanding how 311 complaints are addressed, community members can better understand why some complaints appear to go unaddressed and increase the chance that their next complaint will be addressed.

How it works

After submitting a complaint to 311, the complaint will be sent to the appropriate agency and a case will be opened. depending on the agency, it may take up to 90 days for a City agent to review your complaint.

Case Resolution

There are 8 general categories under which a City agency will file a "resolved" case:

Did Not Observe: The complaint reported was not observed.

Fixed: The issue has been resolved.

No Action Taken: The investigating agency either determines a complaint was not warranted, or does not act beyond the investigation.

Ambiguous: The resolution description filed by the City agent offers no clarity as to whether the issue was resolved or not.

Duplicate: The complaint is marked as a duplicate of a previous complaint.

Ongoing: The resolution description indicates the issue is under investigation/in progress.

Violations Issued: The investigating agency issued a violation.

Wrong Agency: The complaint was filed with the incorrect agency.

Tips for filing 311 complaints

Over 40% of 311 complaints  in 2018  were resolved as either "Did Not Observe" or "No Action Taken." While there are no guarantees 311 will resolve your issue, following these tips may help to ensure your complaint is not one of the 40% which are dismissed without action.

Tip 1: Know what agency is responsible.

When filing a complaint, it is important to understand what the cause of the flooding is. By correctly identifying the cause of the flooding, you can ensure your complaint goes to the appropriate agency. This may lower the risk of your complaint being "resolved" without any action taken.

Tip 2: Be Specific

The Department of Environmental Protection resolved  34% of cases in 2018    under "Did Not Observe." Being very specific about the conditions under which the flooding occurs may help mitigate the chances of a complaint being resolved under "Did Not Observe." Be sure to include as many details as possible when describing the conditions under which the flooding occurs. Does it happen during a particular time of day? Time of year? At high tide? After a heavy rain? In freezing conditions?

Tip 3: Include Pictures

Including pictures also helps to avoid having your complaint resolved with no action taken. Include enough photos so that the respondent can have a good idea of what is wrong without needing to observe the flooding themselves.

Tip 4: Encourage Neighbors to File Complaints

By having multiple complaints filed, community members can increase the exposure of their issue.

Tip 5: Tweet Your Complaint

311 and other City agencies are active on social media. Tweeting your complaint and tagging the relevant agency and 311 can give your complaint more exposure.

If 311 Fails

If you fail to have your issue remediated through 311 after multiple attempts, contact your City Council member's office. Additionally, you can bring the issue up at your next community board meeting.

311: Filing a 311 Complaint

311 Complaint Walk-Through

This slideshow demonstrates the process of filing a 311 complaint online from start to end. It uses a backed up storm drain on the corner of Neptune and W16th Street as an example.

Go to the 311 website  here  and select "Report Problems."

Either search for your problem in the search bar, or browse through the problems by category.

By searching storm drain, we find the link to file complaints for catch basins:  https://portal.311.nyc.gov/article/?kanumber=KA-01084 

From here, you can select your specific issue from the list provided.

In the report, describe the issue you observed in as much detail as possible.

Include pictures to help the respondent identify the problem.

If you do not know the exact address where the issue is occurring, you can instead drag the purple marker to the spot where you observed the issue.

Be sure to provide enough detail so that the respondent can identify exactly where the problem is. An address alone may not be sufficient.

Be sure to fill out the contact information so the City can provide you with updates on their progress and can reach out if there are any further questions.

Finally, review the information in your complaint and submit.

Once you submit your complaint, you will receive an email with a link that provides updates on the status of your complaint.

Links to Resources:

Special thanks to the New York Sea Grant for funding this project. Additional thanks to Katie Graziano of NYSG in partnership with the Science and Resilience Institute at Jamaica Bay for guiding this project.

For questions or comments, contact Katie Graziano at kag247@cornell.edu.

This map amendment shows the sections of Church Lane marked by the dotted lines were removed from the City Map in 1974.

This deep and stagnant puddle on Church Lane has not been addressed due to confusion over whether the street is private or public.

Large stagnate puddles caused by poor road grading on Moultrie Street in Greenpoint, Brooklyn.

As shown in this Google Street View from 2009, the road grading issue on Moultrie Street has persisted for at least the past 12 years.

Tidal flooding at the end of Ditmars Ave. on City Island.