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What Is the 15-Foot Rule?

The rule BPCA invokes — who BPCA has said requires it, what FEMA said when asked, where the rule came from, and the variances that have preserved mature trees.

In its May 2026 response to residents, BPCA referred to the “15-foot USACE ‘buffer’ zone” as part of the justification for removing 502 mature trees along the North/West Battery Park City waterfront. That zone comes from a single U.S. Army Corps of Engineers guidance document.

This page covers how BPCA’s explanation of the buffer has changed, what FEMA said in writing when asked whether it requires one, and then the USACE document itself — what it says, how it has been challenged, and the variances that have preserved mature trees, including along an urban floodwall.

Who requires it? BPCA’s answer keeps changing

BPCA has cited the buffer as a reason for removals since 2022. But the authority it says stands behind the buffer has shifted at every step — from a flat FEMA requirement, to USACE guidance FEMA accepts, to BPCA’s own “conservative interpretation,” to guidance the certifying engineer only has to “consider.”

FAQ — Dec 2022 & May 2023 “FEMA generally requires a permanent 15-foot distance… for operations and maintenance.” A FEMA requirement — the only time BPCA says “requires.”
Draft EIS — Aug 2024 USACE guidance “accepted by FEMA as part of the flood protection system accreditation process,” with a commitment that BPCA would “continue to review… where it may be acceptable to FEMA through its variance procedures to plant trees.” Still tied to FEMA, but with a way out.
Final EIS — May 2025 That passage, variance commitment included, is struck. What remains describes the starting rule as “a conservative interpretation of USACE guidelines for flood walls” (ES-17). No longer a FEMA mandate — BPCA’s own reading.
BPCA emails to residents — May 2026 FEMA “routinely relies on USACE guidance… the certifying engineer must consider [it] in certifying the design,” and “USACE guidelines are not directly applicable to NWBPCR because it is not a USACE project. Therefore, no USACE variance has been, or needs to be, sought.” Guidance to consider — and a USACE rule applied without the USACE variance.

The cutting never relented. While the wording softened, the number of trees marked for removal only rose: 420 in the Draft EIS, 435 in the Final EIS, an estimated 500 in BPCA’s December 2025 technical memorandum (“design refinements,” no Supplemental EIS), and 502 on BPCA’s tree map of May 14, 2026.

BPCA has already shown the distance can be judged tree by tree — but only for new trees. Between the Draft and Final EIS, it stopped treating 15 feet as absolute for replacement plantings, placing them “between 10 and 15 feet from the flood barrier system in specific locations,” each evaluated for wave impact, elevation, and proximity to gates. The trees already standing never got the same review.

What FEMA said when asked

FEMA: “There are no vegetation standards”

June 18, 2026 In writing

Asked directly, through FEMA’s Mapping & Insurance eXchange, whether a vegetation-free buffer is required to certify a floodwall like this one, FEMA Region 2’s MT-2 map-revision coordinator replied in writing:

“FEMA does not impose a fixed vegetation-free zone requirement as part of 44 CFR §65.10.” FEMA Region 2, MT-2 Revision Coordinator — written reply, June 18, 2026

On the USACE vegetation document (EM 1110-2-583, the predecessor of today’s EP 1110-2-18): “Just as guidance.” And on what vegetation standard applies to a non-federal floodwall:

“There are no vegetation standards. Whatever they certify as appropriate.” FEMA Region 2, MT-2 Revision Coordinator — written reply, June 18, 2026
What it means: the clearance is the certifying engineer’s judgment, not a FEMA mandate. The wall can be certified and the flood maps revised without a blanket 15-foot buffer. 44 CFR §65.10, FEMA’s levee-certification rule, contains no vegetation-free-zone standard. The reply is on file and available on request.

So the two authorities BPCA has pointed to don’t carry the blanket rule: FEMA says it doesn’t require one, and BPCA says USACE’s guidelines don’t directly apply to this project. What’s left is the USACE guidance itself — below.

What the rule actually is

  1. It's guidance, by its own text. EP 1110-2-18 calls itself “a guide for safe design and not as a restriction to the initiative of designers,” to be “tailored to the specific requirements and conditions of each individual project.”
  2. The 15-foot number has no engineering study behind it. It comes from “lessons learned from flood-fighting experience.”
  3. The current document is an interim placeholder kept alive while a Congressionally mandated review (WRRDA §3013) continues.
  4. USACE has walked the rule back twice. March 2014: vegetation ratings became “informational only.” March 2024: USACE reframed the rule from “vegetation-free” to a site-specific “access corridor.”
  5. The variance process exists because the rule was contested. Added in 2012 under pressure from lawsuits, 561 public comments, a state-agency suit against the federal government, 35 members of Congress, and a standalone bill. The variance is evidence the rule itself is weak.
  6. The variance has preserved mature trees, including along an urban floodwall. 42 miles in Sacramento; 2,730 feet in Indianapolis.

Where the rule comes from

The current document is USACE Engineer Pamphlet (EP) 1110-2-18, published May 2019. It is the latest version of guidance USACE has been re-issuing in different formats since the 1970s. Three things about the document itself are worth knowing before anything else.

The primary purpose is access — not structural protection. EP 1110-2-18 Section 2-2(b):

“The primary purpose of the vegetation-free zone is to provide a reliable corridor of access… to assure adequate access by personnel and equipment for surveillance, inspection, maintenance, monitoring, and flood-fighting.” USACE EP 1110-2-18, Section 2-2(b)

The document specifies the access is for “tractors, bulldozers, dump trucks, and helicopters.” Root protection is described as a secondary purpose, and the document itself concedes the 15-foot zone is “not adequate for all situations” for root protection.

The number “15” is not based on engineering. Section 2-2(c) says the dimensions are “based on lessons learned from flood-fighting experience” — no formula, no peer-reviewed study, no structural analysis. A field rule of thumb.

The document explicitly tells designers it is not a hard rule. Section 1-1 frames it as “a guide for safe design and not as a restriction to the initiative of designers” that should be “tailored to the specific requirements and conditions of each individual project.”

The rule has been contested from the start — and the variance exists because of that

When the 15-foot zone was formalized as national policy in 2009, there was no variance procedure. The variance — the formal mechanism that lets a sponsor request an exception to preserve trees — was added in 2012, after sustained pressure from lawsuits, environmental groups, state agencies, and Congress. The variance is itself evidence that the original rule did not stand up to scrutiny.

The combined record of the rule and the opposition to it:

1972 EM 1110-2-301 — original USACE guidance on landscaping at floodwalls, levees, and dams
April 2009 ETL 1110-2-571 formalizes the 15-foot vegetation-free zone as national policy. No variance procedure.
2010 USACE proposes a draft variance procedure under pressure. 561 public comments from 110 organizations and individuals push back on the rule.
Dec 2010 Rep. Doris Matsui sends USACE a formal letter asking the Corps to reconsider the rule.
June 2011 Friends of the River, Center for Biological Diversity, and Defenders of Wildlife file a federal lawsuit under NEPA and the Endangered Species Act. The litigation holds off the clearing program for four years.
Sept 2011 USACE's own Engineer Research and Development Center concludes a tree's effect on a levee is “extremely complex, highly variable, and unquantifiable” — the agency's own scientists undercut the blanket rule.
Feb 2012 Under accumulated pressure, USACE publishes the formal variance process in the Federal Register (Notice 2012-3701).
April 2012 35 California members of Congress sign a letter demanding changes to the policy.
May 2012 California Department of Fish & Game — a state agency — sues the federal government over the rule. Compliance was estimated at $7.5–$7.8 billion in California alone. Matsui introduces the Levee Vegetation Review Act (H.R. 5831).
March 2014 Before WRRDA even passes, USACE reverses its interim policy: vegetation ratings become “informational only” and can no longer disqualify levees from federal disaster funding.
June 2014 WRRDA 2014 enacted. Section 3013 orders USACE to conduct a comprehensive review to determine whether the rule is appropriate for all regions of the United States.
May 2019 EP 1110-2-18 published — the current version — explicitly as an interim placeholder while the Congressionally mandated review continues.
March 2024 USACE draft Best Practices for Vegetation Management on Levees, drawing on 2,000+ risk assessments, reframes the rule: “ensuring levee accessibility may not be synonymous with ‘vegetation free’” and access corridor width “may differ by location.”

The agency that wrote the rule no longer treats “vegetation-free” as the framing. From the 2024 USACE document:

“There can be more flexibility for allowing trees and shrubs to grow up to the waterside toe of the levee… placing and managing carefully selected vegetation on a waterside slope may not increase uncertainty or risk. Plant root architecture is well enough understood that species can be selected for desired characteristics.” USACE, Best Practices for Vegetation Management on Levees (Draft, March 2024)

The peer-reviewed record points the same direction: Shields (1992) found woody vegetation roots increased shear strength on levees. California's full-scale field testing at Twitchell Island — the most rigorous study ever done on this question — found that “global seepage-induced stability does not appear to be largely impacted by the presence of a tree.” The blanket 15-foot rule has never had a peer-reviewed engineering basis, and USACE's own research describes the underlying effects as unquantifiable.

Where the variance has preserved mature trees

USACE has formally granted vegetation variances that allowed mature trees to remain where the blanket 15-foot rule would have required clearing. Two of those are directly relevant here.

Sacramento Natomas — trees preserved on 42 miles of levees

June 2010 Levees

The Sacramento Area Flood Control Agency and the Central Valley Flood Protection Board submitted a variance request to the USACE Sacramento District covering the levees ringing the Natomas Basin north of downtown Sacramento.

The request was the first vegetation variance ever approved nationally under the post-2009 policy. It permitted mature riparian trees to remain on roughly 42 of 42.4 miles of perimeter levee.

“This decision highlights the intent of the Corps' vegetation variance process: to allow the Corps and its partners to conserve trees on levees where they don't pose a risk to public safety.” Col. Thomas Chapman, USACE Sacramento District Commander
Outcome: Mature trees preserved across ~42 miles of levees. The variance worked at scale.

Indianapolis White River — mature trees preserved along an urban floodwall

2016 Floodwall

The City of Indianapolis Department of Public Works, working with the USACE Louisville District, prepared a vegetation variance for the White River North Local Flood Damage Reduction Project — specifically the floodwall reaches through the Warfleigh and Rocky Ripple neighborhoods.

The variance covered 2,730 linear feet of floodwall across six “Variance Reaches.” By varying from the ETL, the design reduced required clearing by 1.82 acres — preserving mature riparian woody vegetation that the blanket rule would have removed.

“[Varying] from the ETL in order to provide structural stability, functionality, access for flood fighting, and OMRR&R, while minimizing the clearing of mature riparian woody vegetation growing along the White River.” North Indy LFDRP Vegetation Variance, certified 2016
Outcome: Mature trees preserved along 2,730 feet of urban floodwall. The closest documented precedent to the Battery Park City situation — same kind of structure, same ETL, same urban setting.

The 15-foot rule has been walked back, reframed, and varied. USACE itself treats it as flexible guidance, adjustable to site conditions. BPCA's removal of 502 mature trees in its name is a design choice, not a fixed requirement.

Primary sources

  1. BPCA NWBPCR FAQ (updated May 2023), Q24 — “FEMA generally requires a permanent 15-foot distance”
  2. BPCA Draft EIS, Executive Summary (Aug 2024) — FEMA-accepted USACE guidance, variance commitment, 420 trees
  3. BPCA Final EIS, Executive Summary (May 2025), ES-17/18 — “a conservative interpretation of USACE guidelines for flood walls”
  4. BPCA Post-FEIS Technical Memorandum (Dec 19, 2025) — 435 → ~500 removals, no Supplemental EIS
  5. BPCA Tree Impacts Map (May 14, 2026) — 502 removals
  6. BPCA written responses to residents (May 6 & May 18, 2026) — on file, available on request
  7. FEMA Region 2 MT-2 Revision Coordinator, written reply via FEMA Mapping & Insurance eXchange (June 18, 2026) — on file, available on request
  8. 44 CFR §65.10 — FEMA levee-certification criteria
  9. USACE EP 1110-2-18 (May 2019) — current vegetation-zone guidance
  10. Federal Register Notice 2012-3701 (Feb 17, 2012) — formal variance process
  11. USACE Best Practices for Vegetation Management on Levees (Draft, March 2024)
  12. USACE press release on the Natomas vegetation variance approval
  13. USACE ERDC 2011 — effects of trees on levees “extremely complex, highly variable, and unquantifiable”
  14. Shields (1992), JAWRA — “Effects of Woody Vegetation on Sandy Levee Integrity”
  15. California Levee Vegetation Research Program — Twitchell Island
  16. Rep. Doris Matsui — Levee Vegetation Review Act