N.Y. PAR Law § 14.09 — New York Code / Act PAR / Title C / Article 14 / Section 14.09
State agency activities affecting historic or cultural property; notice and comment
Status: in_force

§ 14.09 State agency activities affecting historic or cultural\nproperty; notice and comment.  1. As early in the planning process as\nmay be practicable and prior to the preparation or approval of the final\ndesign or plan of any project undertaken by a state agency, or prior to\nthe funding of any project by a state agency or prior to an action of\napproval or entitlement of any private project by a state agency, the\nagency's preservation officer shall give notice, with sufficient\ndocumentation, to and consult with the commissioner concerning the\nimpact of the project if it appears that any aspect of the project may\nor will cause any change, beneficial or adverse, in the quality of any\nhistoric, architectural, archeological, or cultural property that is\nlisted on the national register of historic places or property listed on\nthe state register or is determined to be eligible for listing on the\nstate register by the commissioner. Generally, adverse impacts occur\nunder conditions which include but are not limited to (a) destruction or\nalteration of all or part of a property; (b) isolation or alteration of\nits surrounding environment; (c) introduction of visual, audible, or\natmospheric elements that are out of character with the property or\nalter its setting; or (d) neglect of property resulting in its\ndeterioration or destruction. Every agency shall fully explore all\nfeasible and prudent alternatives and give due consideration to feasible\nand prudent plans which avoid or mitigate adverse impacts on such\nproperty. In the event that the agency has filed or will file with the\ndepartment of environmental conservation, with respect to that\ncontemplated project, a draft environmental impact statement pursuant to\nthe provisions of article eight of the environmental conservation law,\nit shall provide a copy thereof to the commissioner and the chairman of\nthe board and shall also supply such further information as the\ncommissioner may request. This section shall not apply to a state\nproject that is necessary to prevent an immediate and imminent threat to\nlife or property.\n  2. The commissioner shall undertake a review and make comment within\nthirty days of receipt of notice, with sufficient documentation, of a\nproposed project as to whether or not such proposed project may have an\nadverse impact on any property that is listed on the national register\nof historic places or on the state register or is determined to be\neligible for the state register by the commissioner. The comment shall\nbe put on file and shall be available to the public on request. If it is\ndetermined that a project may have an adverse impact on such property,\nthe commissioner shall so notify the agency in writing. Upon receipt of\nsuch notification from the commissioner, the agency shall immediately\ncontact the commissioner for the purpose of exploring alternatives which\nwould avoid or mitigate adverse impacts to such property consistent with\nthe policy and provisions of this article and other provisions of law\nrelating to historic preservation. To the fullest extent practicable, it\nis the responsibility of every state agency, consistent with other\nprovisions of law, to avoid or mitigate adverse impacts to registered\nproperty or property determined eligible for listing on the state\nregister by the commissioner. In order to avoid inconsistency or\nduplication in review functions, the commissioner shall establish\nprocedures in accordance with other provisions of this section whereby\nreviews conducted under this section are coordinated with the reviews of\nproject or plan proposals under other provisions of law and regulation.\nWhen a project is being reviewed pursuant to section one hundred six of\nthe national historic preservation act of 1966, the procedures of this\nsection shall not apply and any review or comment by the commissioner\nand the board on such project shall be within the framework or\nprocedures of the section one hundred six review. The commissioner shall\nissue an annual report outlining state agency actions on which comment\nhad been requested or issued under this section. Proposed alternatives\nand results of the review process shall be included in said annual\nreport.\n