Revocable Consent Petition

If you intend to install a structure on, under, or over a City street or sidewalk, you must petition for a revocable consent.

This guide will help you understand the petition process. The Department of Transportation (DOT) grants revocable consents only for certain types of structures listed in the Private Improvements Eligible for Revocable Consents document.

Important note: The DOT will not give a revocable consent for any improvement which, in the judgment of the Department of City Planning, has land use impacts or implications unless such consent has been reviewed and approved through the Uniform Land Use Review Process (ULURP). All structures must comply with the rules in the Rules Related to Revocable Consents and other applicable laws.

• Business papers: You need the original, stamped copies of your Articles of Organization/Business Certificate.
• Owner's permission: If you do not own the building, you need the owner's consent and copies of the deed and lease.
• Insurance: You must get a commercial general liability insurance policy. Check the NYC Highway Rules for specific requirements.
• Professional plans: Hire a licensed professional engineer or registered architect to submit plans. Some exceptions may apply for minor improvements and structures, but you must ask for a waiver in writing.
• Other licenses and permits: If you need a Department of Consumer Affairs License or a Department of Buildings Permit, you must show proof of these licenses and permits. Check the Rules Related to Revocable Consent and ask the issuing agency of other related permits and licenses for more information.

• No advertising allowed: You cannot have any ads on any improvement that is the subject of a revocable consent agreement.
• The revocable consent may not be sublet, assigned, nor transferred without prior written approval by DOT.
• Agreement length: The length of the agreement is decided case by case.
• Agreement end: The agreement is revocable based on the Rules of the City of New York.

• Review rules: Check all rules and specifications for your structure.

• Submit petition:

  • For a new petition, send the original, notarized petition plus 10 copies.
  • For renewal, modification, assignment or rescission, send the original plus five copies.

• Business papers:

  • Include a copy of your Business Certificate or Articles of Organization.
  • For transfers or assignment of a revocable consent from one owner to another, include the new owner's Business Certificate.

• Submit plans:

  • Send scale plans with the seal of a professional engineer or registered architect licensed by the State of New York.
  • Include photos of current and proposed conditions.
  • The architect or engineer must also submit an estimate of the cost of removing the structure and restoring the sidewalk/street to its original condition.

• Complete documents: Submit all required documents, the number of required copies of the notarized Revocable Consent Petition form and filing fees to the Department of Transportation, Division of Franchises, Concessions and Consents.

• Department response:

  • DOT will respond within 30 days.
  • DOT will send a copy to the Department of City Planning, the appropriate Community Board, elected officials and other City agencies.
  • These groups have 30 days to respond with objections or approval.
  • You have 90 days to resolve any objections and notify the DOT. If objections have not been resolved within 90 days, the petition will be assumed to be withdrawn.

• Public hearing:

  • Before granting consent, DOT will hold a public hearing on the terms and conditions of the proposed agreement.
  • You will pay for the cost of publicizing the hearing.

• Annual rate:

  • You will be charged an annual rate for each year that the agreement is in use according to a formula that takes into account the type of structure/improvement, the location and applicable minimum charges.
  • This is in addition to the filing fees.