After-hours construction is one of the most frequently sited reasons for noise nuisance impacting a population’s quality of life. Due to a continued uptick in noise complaints, the NYC DEP has ruled that certain construction projects will require Alternative Noise Mitigation Plans (ANMPs), updating the Citywide Construction Noise Mitigation Rules.
Effective on April 21, 2026, the ruling addresses which projects are impacted, which are exempt, updates to ANMP submittals, and the requirements for real-time 24/7 noise monitoring.
An ANMP must be developed for after-hours construction work—outside of the hours from 7am until 6pm on weekdays—30 days before project activities commence. It applies to all projects located withing 50 feet of a residential building and with 200,000 sq. ft. or larger gross floor area.
There are exemptions for construction of buildings where all units are affordable housing as defined in Section 24-223 (e)(1) of the NYC Administrative Code, or if it involves emergency work as defined in Administrative Code § 24-223(e)(1). All new construction will need to comply; existing projects with an ANMP on file are “grandfathered” unless it is renewed after April 21, 2026.
Key details regarding the updated rule:
- Changes to the ANMP Application:
- It must include a map of sensitive and residential receptors as defined in 15 RCNY 28-101 (i) within 75 ft. (via ZoLa NYC’s Zoning & Land Use Map)
- The map must show proposed locations to place noise monitoring equipment
- The Application itself must detail the number of devices, their locations, and responsible party contact info
- The Requirements for Noise Monitoring:
- Noise Monitoring must be continuous 24/7 for the duration of qualifying construction
- At least one compliant* monitoring device must be installed, positioned to face the nearest sensitive receptor.
- The device must be mounted 8–10 ft. off the ground on a wall or pole
- Wall-mounted devices must be ≥1 ft. from nearest surface to avoid reflection
- The device must be equipped with an outdoor microphone (wind/rain protection, Class 2, IEC 61672-1 compliant)
- The DEP will provide a list of approved*, compliant noise monitoring equipment on their website
- Devices must transmit sound data in A-weighted decibels (dBA), with Lmax values, to the DEP at least hourly
- Monitoring must remain active until work is limited to interior or minimal-noise activities
- Penalty Changes
- For failures to use monitoring devices, the penalties escalate from $560 for a first offense to $1680 for a third offense
- For failure to install/maintain monitors the fines start at $220 for a first offense and rise to $660 for a third offense.
- For general noise violations, separate, higher penalties apply for excessive noise captured by these monitoring systems or site inspections
Novisal can help you will all your Construction Noise Monitoring requirements.