NY Pks, Rec & Hist Pres L § 14.09 (2021)
2021 New York Laws PAR - Parks, recreation and historic preservation Title C - Parks, Recreation and Historic Preservation Article 14 - Historic Preservation 14.09 - State Agency Activities Affecting Historic or Cultural Property; Notice and Comment.

§  14.09  State  agency  activities  affecting  historic  or  cultural   property; notice and comment.  1. As early in the  planning  process  as   may be practicable and prior to the preparation or approval of the final   design  or plan of any project undertaken by a state agency, or prior to   the funding of any project by a state agency or prior to  an  action  of   approval  or  entitlement  of any private project by a state agency, the   agency's  preservation  officer  shall  give  notice,  with   sufficient   documentation,  to  and  consult  with  the  commissioner concerning the   impact of the project if it appears that any aspect of the  project  may   or  will  cause any change, beneficial or adverse, in the quality of any   historic, architectural, archeological, or  cultural  property  that  is   listed on the national register of historic places or property listed on   the  state  register  or is determined to be eligible for listing on the   state register by the commissioner.  Generally,  adverse  impacts  occur   under conditions which include but are not limited to (a) destruction or   alteration  of all or part of a property; (b) isolation or alteration of   its surrounding environment; (c) introduction  of  visual,  audible,  or   atmospheric  elements  that  are  out  of character with the property or   alter  its  setting;  or  (d)  neglect  of  property  resulting  in  its   deterioration  or  destruction.  Every  agency  shall  fully explore all   feasible and prudent alternatives and give due consideration to feasible   and prudent plans which  avoid  or  mitigate  adverse  impacts  on  such   property.  In  the event that the agency has filed or will file with the   department  of  environmental  conservation,  with   respect   to   that   contemplated project, a draft environmental impact statement pursuant to   the  provisions  of article eight of the environmental conservation law,   it shall provide a copy thereof to the commissioner and the chairman  of   the  board  and  shall  also  supply  such  further  information  as the   commissioner may request. This  section  shall  not  apply  to  a  state   project that is necessary to prevent an immediate and imminent threat to   life or property.2.  The  commissioner shall undertake a review and make comment within   thirty days of receipt of notice, with sufficient  documentation,  of  a   proposed  project as to whether or not such proposed project may have an   adverse impact on any property that is listed on the  national  register   of  historic  places  or  on  the  state register or is determined to be   eligible for the state register by the commissioner. The  comment  shall   be put on file and shall be available to the public on request. If it is   determined  that  a project may have an adverse impact on such property,   the commissioner shall so notify the agency in writing. Upon receipt  of   such  notification  from  the commissioner, the agency shall immediately   contact the commissioner for the purpose of exploring alternatives which   would avoid or mitigate adverse impacts to such property consistent with   the policy and provisions of this article and other  provisions  of  law   relating to historic preservation. To the fullest extent practicable, it   is  the  responsibility  of  every  state  agency, consistent with other   provisions of law, to avoid or mitigate adverse  impacts  to  registered   property  or  property  determined  eligible  for  listing  on the state   register by  the  commissioner.  In  order  to  avoid  inconsistency  or   duplication  in  review  functions,  the  commissioner  shall  establish   procedures in accordance with other provisions of this  section  whereby   reviews conducted under this section are coordinated with the reviews of   project  or plan proposals under other provisions of law and regulation.   When a project is being reviewed pursuant to section one hundred six  of   the  national  historic preservation act of 1966, the procedures of this   section shall not apply and any review or comment  by  the  commissioner   and  the  board  on  such  project  shall  be  within  the  framework or   procedures of the section one hundred six review. The commissioner shall    issue an annual report outlining state agency actions on  which  comment   had  been  requested or issued under this section. Proposed alternatives   and results of the review process  shall  be  included  in  said  annual   report.