Environmental Institutional Control Process

FREQUENTLY ASKED QUESTIONS (FAQs)

Additional information regarding the City of Rochester’s Environmental Institutional Control system:

FAQ #1 - Why do we need Environmental Institutional Controls?

Ideally, all environmental cleanups would result in a complete restoration of a property to pre-release conditions with no residual contamination. However, remediating a site to pre-release conditions or to an unrestricted use may not be feasible due to cost, or because it may not be technically feasible to completely remediate the full extent and magnitude of the contamination. At some sites, residual contamination may not pose a risk to human health or the environment given the current zoning or the commercial/industrial uses of the site; therefore, additional remediation to meet a residential or an unrestricted use may not be justified. Regardless of the reason, the majority of environmental cleanups leave some residual contamination in place after completion of the cleanup. When this is the case, property owners, responsible parties, governments, and regulatory agencies have turned to Institutional Controls as a method to notify and inform future owners and others that residual contamination may still exist at a cleanup site. Institutional Controls can also serve to inform owners, prospective purchasers, and other interested parties that remedial measures or engineering controls may be required on properties with residual contamination.

FAQ #2 - What are the Different Types of Environmental Institutional Controls? 

Institutional controls are legal or institutional requirements that establish procedural or administrative conditions that restrict certain activities or property uses. Environmental cleanup project requirements can include institutional controls such as: deed restrictions, zoning ordinances, easements, land use restrictions, groundwater use restrictions, and permit controls. In theory, Institutional Controls notify the property owner and others (i.e., developers, contractors, etc.) that the property's permitted use must be maintained unless the condition requiring the deed restriction has been remedied or mitigated.

FAQ #3 - How does the City Institutional Control Program Work?

While deed restrictions, easements and zoning ordinances are important types of institutional controls, they have little, if any, impact on the day-to-day activities that occur on a property. The City’s Institutional Control system is linked to the issuance of City permits, and consists of a warning “flag” which is installed on the City's electronic property management system (Infor) maintained by the City’s Department of Neighborhood and Business Development. Infor is utilized by the City's Bureau of Planning and Zoning when an individual applies for a City permit for activities such as new construction, new building additions or alterations of existing buildings, new fencing, plumbing work, demolition, or any other activity which requires a City permit.

If present, the Infor flag initially prohibits issuance of a permit until a preliminary environmental review is completed by City Division of Environmental Quality (DEQ) staff to determine if the permit activity might disturb or encounter potential environmental contamination. If there is a potential concern, the City informs the permit applicant that environmental conditions of concern exist, and the City provides the permit applicant with copies of existing environmental reports, environmental management plans, or other guidance documents. A key objective of the environmental institutional control process is not only to ensure that the permit applicant is notified that residual contamination exists at a site, but also to provide technical assistance to the permit applicant so that they can better prepare for and manage any contaminated materials that might be encountered. In some cases, special conditions are added to the permit to ensure that the environmental issues are properly evaluated and addressed prior to completing the permitted activity. In other cases, such as when State environmental easements exist, NYSDEC must review and approve site-specific plans before the permit can be issued by the City.

FAQ #4 - Do All Properties with Environmental Controls Require NYS DEC Approvals Prior to the City Issuing a Permit?

For properties where the City has placed an Environmental Institutional Control, permits not involving excavation or other subsurface intrusive work typically do not require City DEQ review unless there is a change in land use. However, permits which involve excavation, new building construction, or other subsurface work may require City DEQ review and a potential referral to the NYSDEC for their review and approval prior to the City issuing the permit.  All permits for properties with existing NYS DEC Environmental Easements will require NYSDEC review and approval prior to the City issuing the permit.

FAQ #5 - What Types of Properties Have Environmental Institutional Controls?

Most properties that have environmental institutional controls are former or current industrial or commercial properties that have been used as factories, gasoline stations, vehicle collision or repair shops, dry cleaning facilities, waste storage or treatment facilities, properties which contained leaking aboveground or underground storage tanks or properties that have been identified as a State or local waste disposal sites. In most cases, properties with environmental institutional controls have undergone environmental investigation and/or cleanup, and most have an environmental management plan or similar to address residual contamination.  

FAQ #6 - Who Do I Contact if I Have Questions or Require Additional Information?

Jane MH Forbes, Associate Environmental Specialist
Phone: 585-428-7892
Email:  jane.forbes@cityofrochester.gov