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Flag laws in New York (United States)

Last modified: 2012-06-23 by rick wyatt
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Flag laws in New York State

New York States prohibits the UN flag above the U.S. except at UN HQ. Flags which cast contempt on U.S. flag are prohibited. Foreign flags on public property are prohibited.

I have seen Italian and Irish flags flying on festival days like St Patrick's or San Gennaro (esp. in Little Italy) and the city itself flies foreign (N and S American) flags on "Avenue of the Americas" (6th Ave). It seems the law is regularly violated, although perhaps one needs a permit to fly anything on public property.
Al Kirsch, 15 July 2009


Flying flags in New York City

Flying a foreign flag from private property, even if it projects over public space does not violate the relevant New York State Law [Executive Law, Article 19] which governs only flags flown at public buildings and parks [section 402].

However, there is the issue of whether the City of New York requires a permit for flying a flag projecting out from a private building, and whether there are size limitations. According to an article in the 4 July 1982 NY Times Section C26-408.1 of New York City's Building Code was the applicable section, at least in 1982. It said "The code states that flagpoles supported entirely from the building may project not more than 18 feet beyond the lot line but not closer than two feet to the curb line, provided that no part of the flagpole is less than 15 feet above the sidewalk." There were variances allowed, subject to negotiations with the Building Department.

The current version of the relevant code section can be perused at www.nyc.gov/html/dob/downloads/bldgs_code/bc27s4.pdf.
Ned Smith, 16 July 2009