In New York City, permeable resin-bound surfacing can be proposed as part of a DEP stormwater design when it is built as porous pavement: a porous wearing course over a stone base that either infiltrates into soils tested at 0.5 inch per hour or better, or filters and releases water at a controlled rate. DEP's manual lists porous pavement under both infiltration and filtration practices, so the soil test decides which one you are designing. The manual does not name resin-bound surfaces, so DEP decides whether to accept one as porous pavement.

Without that base, it is just a finish. DEP's own definitions treat gravel and other pervious hardscapes as impervious unless a geotechnical investigation shows the underlying soil can absorb water, and a resin-bound overlay on an existing slab drains straight onto the concrete below.

The Unified Stormwater Rule and when DEP needs a permit

DEP's Unified Stormwater Rule aligned quantity requirements in combined sewer areas with quality requirements in separately sewered areas, and its manual sets a retention-first hierarchy that favors green infrastructure. A project that drains to a City sewer needs a DEP stormwater permit if it disturbs 20,000 square feet or more of soil or adds 5,000 square feet or more of new impervious area, with exclusions listed in Chapter 19.1 of Title 15 of the Rules of the City of New York. The state construction permit uses the same city thresholds.

The stakes are high: DEP reports that about 60 percent of the city has combined sewers, with roughly 700 combined sewer outfalls on the waterfront. Separately, Resilient NYC Partners funds and builds green infrastructure, including permeable paving, on private properties with at least 50,000 square feet of site-level impervious area, under a five-year maintenance agreement. DEP's Green Infrastructure Grant Program, by contrast, currently funds green roof retrofits.

Fill, bedrock and groundwater across five boroughs

Site conditions swing from sandy outwash in parts of Queens, Brooklyn and Staten Island to shallow bedrock in upper Manhattan and the Bronx, with filled former wetlands along many shorelines. DEP's manual sets the same core tests for porous pavement as an infiltration practice: underlying soils of at least 0.5 inch per hour and at least 3 feet of vertical separation from groundwater or bedrock. In sole source aquifers the separation from groundwater rises to 4 feet, and Brooklyn and Queens sit over the federally designated Brooklyn-Queens aquifer.

Where the soil rate fails, the filtration version with sand filter media and a controlled outlet is the usual fallback. It still needs 3 feet of separation from groundwater or bedrock unless it is enclosed in concrete and anchored against uplift, and contaminated fill may call for a liner.

The manual also caps the contributing area for porous pavement at 5 acres, and DEP has issued guidance on geotechnical investigations for practice selection. Under the surface, Rock Crete or another permeable base sits over an open-graded stone reservoir that the engineer sizes to the retention and detention volumes DEP requires for the sewershed.

Realistic uses in the city

Large private parking lots and courtyards in the outer boroughs, the scale Resilient NYC Partners targets.
Plazas and through-block passages in new residential and commercial projects that already need a DEP permit.
Schoolyards, campus walks and hospital grounds where facilities teams want slip-resistant, low-glare paths.
Driveways and rear yards on detached-house blocks in eastern Queens and Staten Island, where soils and groundwater may allow infiltration.

Owners who only want to refresh a worn slab, without any stormwater claim, are looking at a different job; see our New York concrete resurfacing page.

Approval runs through DEP; here is what we supply

Applications go through DEP's Stormwater Permitting and Tracking System, with a SWPPP in Phase I, construction permits, close-out with an operations and maintenance manual and maintenance easement, then a maintenance permit. Site and house connection proposals also go to DEP, and anything in the street or sidewalk falls under City right-of-way rules covered in Appendix H of the manual. Ask whether DEP will accept a resin-bound wearing course on its porous pavement detail before final design.

Resin Rock supplies the binder, aggregate blends, trims and Rock Crete, plus data sheets for the SWPPP. We do not install; we match owners with an approved installer and train New York crews. No permit outcome, funding or credit is promised.

Before you specify permeable resin-bound in New York City

Check the 20,000 square foot disturbance and 5,000 square foot impervious triggers.
Order a geotechnical investigation: 0.5 in/hr soils and 3 feet to groundwater or bedrock, or 4 feet to groundwater in Brooklyn and Queens.
Choose infiltration or filtration porous pavement based on those results.
Confirm combined or separate sewershed, which changes DEP's criteria.
Keep the permeable area on private property unless DOT and DEP approve otherwise.
Budget for the maintenance permit and easement after close-out.

Common questions about permeable resin-bound in New York City

Does DEP treat permeable resin-bound as pervious or impervious?

It depends on the build-up and the soil. DEP counts pervious hardscapes as impervious unless a geotechnical investigation shows underlying soils of at least 0.5 inch per hour. Built as porous pavement over a stone base, it can be proposed as an infiltration or filtration practice. Ask DEP early how it will treat the resin-bound surface course.

Can DEP fund permeable paving on my property?

Possibly, through Resilient NYC Partners, which funds and builds green infrastructure such as permeable paving on private sites with at least 50,000 square feet of site-level impervious area. Owners sign agreements covering five years of maintenance. The program team checks eligibility, develops the plans with the owner and builds the project. Funds are limited, so treat it as an opportunity, not a guarantee.

My building is in a combined sewer area. Does that change the design?

Partly. Water quality and runoff reduction requirements apply to covered projects citywide, and detention for sewer operations applies wherever a site or house connection is needed, with release rates that differ by sewer type. In separately sewered areas that drain to impaired waters, such as parts of Jamaica Bay, a no-net-increase requirement for pollutants like nitrogen can also apply. Your engineer will size the stone base to the volumes DEP requires and follow the retention-first hierarchy.

Official sources for New York City

Local rules change. We last checked these sources in October 2026. Confirm current requirements with the reviewing agency before you design, and treat this page as a starting point, not engineering or permitting advice.

Permeable Resin-Bound Surfacing in New York City, NY