Dining Sheds Can Now Stay up Until Year End, As DOT Mulls New Rules for 2024

The new regulations will allow restaurants to keep their roadway sheds up until year end while the Department of Transportation finalizes the new rules covering next year’s shed requirements. The new sheds must be open air.

| 30 Oct 2023 | 11:16

Restaurants that are actively participating in the open restaurants program that was instituted during the worst days of the pandemic can continue with existing setups through the remainder of 2023, the Department of Transportation said.

The DOT is currently accepting written comments on its proposed rules governing the roadway sheds that will be allowed to return next spring, beginning on April 1.

The roadway sheds will be allowed to remain up from April 1 until November 29. Rules governing the new look and feel of the open air sheds are being finalized, but the dates have already been codified by the City Council. The smaller sidewalk dining sheds will be permitted to operate year round under the new rules.

The DOT will hold a public hearing on the new proposed rules on November 20. Anyone will to speak at the public hearing can sign up at: rules@dot.nyc.gov

The DOT will not get involved with storing the broken down sheds over the winter, however the NYC DOT, the NYC Economic Development Corporation, and the Public Design Commission are working to design and develop a modular outdoor dining setup which will adhere to the new rules and regulations for roadway dining. This project, the Kit-of-Parts, will result in final designs that will be made available to the public for use in their restaurants after the rules are finalized.

The DOT has already set the license fee at $1,050 for a four year roadway shed and $2,100 for a combo roadway and sidewalk set up. Detailed drawings of proposed sheds must be submitted at the time of the application, but the DOT said it is not requiring an engineering or architectural drawing.