NYC Local Law 92/94: Solar, Green Roof, and Compliance Options

New York City’s Local Laws 92 and 94 require most buildings undergoing new construction or a full roof replacement to cover the roof with solar panels, a green roof, or a combination of the two. The rules are codified at Section 1512.2 of the NYC Building Code and reach residential, commercial, and industrial properties with narrow exceptions.¹ The NYC Local Law 92/94 solar and green roof requirements apply whenever a Department of Buildings filing is triggered, and they come with real compliance costs alongside tax abatements that offset a meaningful share of the investment.

When the Laws Are Triggered

The trigger is a DOB filing tied to new construction or the complete replacement of an existing roof deck or roof assembly.¹ Routine roof repairs that do not require a DOB filing fall outside the mandate.² Patching a membrane or fixing a leak will not pull you into the law. Stripping and replacing the roof deck will.

Vertical and horizontal enlargements are also covered, because they create new roof surface. Affordable housing projects supervised by the Department of Housing Preservation and Development follow a parallel “Solar Where Feasible” policy, and HPD may exempt rehab projects it deems financially infeasible.³

What the Sustainable Roofing Zone Actually Covers

The law requires a sustainable roofing zone on 100 percent of the roof, but the code strips out several areas before you calculate what needs to be covered. Excluded from the zone are spaces occupied by mechanical equipment, rooftop structures, towers, parapets, guardrails, and solar thermal systems. Fire code setbacks and access paths required by the fire code, building code, or zoning resolution are also excluded, along with areas used for stormwater infrastructure such as cisterns.¹

Whatever area remains is your sustainable roofing zone, and it must be equipped with solar, a green roof, or both. On a building loaded with HVAC equipment, cooling towers, and elevator bulkheads, the actual zone can be much smaller than the footprint suggests.

The Three Compliance Options

Owners choose from three approaches: a solar photovoltaic system covering the entire zone, a green roof covering the entire zone, or a combination that together covers the full zone.²

Solar Panel Rules

The 4-kilowatt threshold does most of the work. On small contiguous roof areas under 200 square feet, solar is required only if the space can generate at least 4 kW of photovoltaic capacity. For residential buildings five stories or shorter, that area threshold drops to 100 square feet.¹ If a small area cannot hit 4 kW, the owner installs a green roof on that section instead on low-slope roofs, or the area is exempt entirely on steep roofs.

Steep roofs with a slope greater than 2-in-12 (about 17 percent) work differently. Only solar is required, because vegetation will not stay in place. If a steep roof cannot accommodate at least 4 kW, it is fully exempt.⁴

Green Roof Rules

A compliant green roof needs a growth medium at least two inches deep planted with drought-resistant species such as sedum. At least 80 percent of the planted layer must be covered by live vegetation. Owners pursuing the enhanced property tax abatement need a growth medium at least four inches deep.⁵ The drainage layer and plantings must comply with fire safety and structural requirements under the building code.

Combination Systems

A “biosolar” approach places solar panels elevated above a green roof layer, satisfying both requirements at once. The code explicitly permits any combination of solar and green roof that together cover the full sustainable roofing zone.¹ Some owners put solar on the sunniest sections and green roof on areas shaded by taller neighbors.

Exemptions

The building code recognizes seven categories of exemption:

Areas required for access or setbacks under the fire code, construction codes, or zoning resolution.
Space occupied by HVAC systems, cooling towers, elevator bulkheads, parapets, guardrails, and solar thermal systems.
Stormwater cisterns, reuse systems, and other features installed to comply with DEP permits.
Setback terraces smaller than 25 percent of the building’s largest floor plate.
Rooftop areas central to the building’s primary use, such as a residential rooftop deck.
Steep roofs (greater than 2-in-12) that cannot accommodate at least 4 kW of solar.
Any area the DOB determines is not feasible for either solar or a green roof.

That last category is the catch-all. A licensed professional documenting excessive shading from neighboring towers, structural weight limitations, or other site-specific conditions can seek relief from the DOB.¹ Document these constraints during design. Finding them after construction starts creates expensive delays.

How to File

All solar and green roof filings must be submitted by a licensed professional engineer or registered architect through the DOB NOW: Build online portal.⁶ Owners cannot self-file. The professional prepares the PW1 (Plan/Work Application) and uploads structural reports, site plans delineating the sustainable roofing zone from excluded areas, and for green roofs, documentation of planned plant species and soil depth.

Green roof filings can go in as an initial alteration job or as a subsequent filing for new building and alteration projects.⁷ The system now integrates property tax abatement applications into the filing workflow, so owners no longer submit separate PTA3 or PTA4 paper forms.⁶ After submission, the DOB either approves or returns objections for the professional to correct. Unresolved objections can hold up final sign-offs on the project.

Tax Abatements and Credits

Green Roof Property Tax Abatement

New York State’s Real Property Tax Law provides a one-time abatement of $10 per square foot of green roof, capped at $200,000. Buildings in designated community districts qualify for an enhanced rate of $15 per square foot. Unused amounts carry forward up to five years.⁸ The program is currently set to expire for tax years beginning on or after July 1, 2027.

Solar Property Tax Abatement

Solar electric generating systems qualify for a separate abatement under Real Property Tax Law Section 499-BBBB. The abatement runs 7.5 percent of installation cost annually for four years, totaling up to 30 percent, with an annual cap of $62,500. Owners who file after March of the current year receive the credit starting the following tax year.

Federal Credits

The federal Clean Electricity Investment Credit provides a base credit of 6 percent of system cost, rising to 30 percent for projects meeting prevailing wage and registered apprenticeship requirements. Bonus credits of up to 10 percentage points each are available for domestically manufactured components or projects in designated energy communities.⁹ Residential owners may claim the federal Residential Clean Energy Credit, covering 30 percent of solar installation costs through 2032. These stack with the NYC abatements.

Ongoing Maintenance

A green roof is not a one-time install. To qualify for the property tax abatement, a four-year maintenance plan must be prepared by a New York State licensed professional engineer, registered architect, landscape architect, or certified horticulturist. The plan includes semi-annual inspections of the green roof system and monthly inspections of drains for debris. The green roof must be maintained for at least four years after the abatement is granted, and the vegetative layer must be certified by a licensed professional confirming the required plant coverage.⁵ An unmaintained green roof with clogged drains can cause water damage well beyond the cost of the maintenance itself. Solar panels demand less attention but still need periodic cleaning and electrical inspections to maintain output and warranty coverage.

Penalties for Non-Compliance

The DOB enforces the requirements through its standard violation framework. Civil penalties vary by severity:

Immediately hazardous violations: $2,500 to $25,000 per violation, plus up to $1,000 per day uncorrected.
Major violations: $1,000 to $10,000 per violation, plus up to $250 per month uncorrected.
Lesser violations: up to $500 per violation.

Classification depends on the specifics of the project and the nature of the non-compliance.¹⁰ The DOB can also issue a Stop Work Order, halting all construction except safety-related remedial work; the order will not be lifted until civil penalties are paid. Violating an existing Stop Work Order carries $6,000 for a first offense and $12,000 for each subsequent offense.¹¹ Daily carrying costs on a stalled site add up quickly, on top of the fines.

How This Relates to Local Law 97

Local Laws 92 and 94 were passed alongside Local Law 97, which sets carbon emissions limits for buildings over 25,000 square feet beginning in 2024. The laws operate independently: LL 92/94 govern what goes on your roof, LL 97 caps your building’s total emissions. If you own a building large enough to face both, a rooftop solar installation reduces the emissions your building reports under LL 97, so the two mandates can be planned together rather than in isolation.

1
American Legal Publishing. NYC Building Code 1512.2 Sustainable Roofing Zone
2
NYC Department of Buildings. Sustainable Roofing Zone and Reflectance Local Law 94
3
New York City Department of Housing Preservation and Development. Solar Where Feasible
4
NYC Department of Buildings. Buildings Bulletin 2019-010
5
NYC Buildings. Green Roofs
6
NYC Department of Buildings. Service Notice – DOB NOW Build to Launch Solar and Green Roof Filing Submittal
7
NYC Buildings. DOB NOW Build – Green Roof Job Filing Submission
8
New York State Senate. New York Real Property Tax Law 499-BBB – Real Property Tax Abatement
9
Internal Revenue Service. Clean Electricity Investment Credit
10
American Legal Publishing. NYC Administrative Code 28-202.1 Civil Penalties
11
NYC Department of Buildings. Stop Work Order