NY Pks, Rec & Hist Pres L § 14.07 (2021)
2021 New York Laws PAR - Parks, recreation and historic preservation Title C - Parks, Recreation and Historic Preservation Article 14 - Historic Preservation 14.07 - State Register of Historic Places; Inventory of Historic Property; Statewide Comprehensive Historic Preservation Plan.

§  14.07  State  register  of  historic  places; inventory of historic property; statewide comprehensive historic preservation plan.  1.  State register of historic places.  (a)  The commissioner, in consultation with the board, shall establish a listing of sites, districts, structures, buildings, areas  or  objects above or below the surface of the earth whether on land or in the waters of  the  state,  together  with  any  designated  improvements  thereon, significant in the history, architecture, archeology or culture  of  the state,  its communities or the nation. Such listing shall constitute the New York state register of historic places. All historic  places  within the  state  listed  on or nominated by the commissioner for inclusion on the national register of historic places before or  after  this  article becomes law shall be deemed to be listed on the state register.  (b)  The  commissioner,  with the advice of the board, shall establish the procedures and the  criteria  for  listing  on  the  state  register consistent  with  the  criteria  established for listing on the national register and for  classifying  whether  such  places  are  primarily  of national,  state  or local significance. The criteria for listing on the national register which shall be used as a  guide  for  listing  on  the state register are as follows:   The   quality  of  significance  in  American  history,  architecture, archeology, and culture  is  present  in  districts,  sites,  buildings, structures,  and  objects  that  possess  integrity of location, design, setting, materials, workmanship, feeling, and association, and:   A. that are associated  with  events  that  have  made  a  significant contribution to the broad patterns of our history; or   B.  that  are  associated with the lives of persons significant in our past; or   C. that embody the distinctive characteristics of a type,  period,  or method  of construction, or that represent the work of a master, or that possess high artistic  values,  or  that  represent  a  significant  and distinguishable entity whose components may lack individual distinction; or   D. that have yielded, or may be likely to yield, information important in  prehistory or history. Such procedures shall include opportunity for the public to make proposals for listing  on  the  state  register,  the notification  in  advance  of  the  listing  to  the agency preservation officers and/or municipal official having jurisdiction over the property and for the mailing of notification of pending action to  the  owner  or owners  of  record  of  the  property, if privately owned, at their last known address; provided however, that if one listing affects  more  than one  property  owner or where the owner or owners cannot be ascertained, the publishing of notice of pending listing in a  newspaper  of  general circulation  in  the area where the property is located shall constitute adequate notice.  Such procedures shall also provide for  timely  review and  consideration  of  listing  places  on the state register which the United States Secretary of the Interior has designated as  eligible  for the  national  register.    When  a proposal for listing with sufficient supporting documentation is made by a municipal official, local historic preservation board or commission or a member of the public,  a  decision on  listing the proposed property with an appropriate finding supporting the decision shall be issued in writing by  the  commissioner  not  more than  one  hundred  eighty  days  after such proposal is received by the commissioner.  (c) If the municipal official of any  municipality  with  jurisdiction over  any  property  or the owner or owners of such property, other than that included upon or nominated for inclusion upon the national register of historic places prior to the effective date of this article,  advises  the commissioner in writing within fifteen days of mailing or publishing of notification that the municipality or owner questions the eligibility of  the  proposed  property, the commissioner shall postpone the listing until  the  municipality  or  owner  has  the  reasonable opportunity to present a written statement to the commissioner and the board.  (d) The benefits and protections of this article upon any  listing  on the  state  register shall accrue in full force and effect from the date of its listing. Within forty-five days after the listing of any property on the state register, the commissioner  shall  notify  the  appropriate agency  preservation  officer and/or municipal official and the owner of the property affected, if privately owned, at his  last  known  address. With respect to all properties deemed to be listed on the state register because they were listed on or nominated to the national register before this  article  became  law,  within a reasonable time after this article becomes law,  the  commissioner  shall  notify  the  appropriate  agency preservation  officer  and/or  municipal  official  and the owner of the property affected, if privately owned, at his last known  address.  Such notice  shall  include  the  registered  properties'  classification  as primarily of national, state or local significance.    The  commissioner shall also cause notice of the listing to be published in a newspaper of general  circulation  in  the  area  where the property is located. Such publication  of  notice  shall  be  in  lieu  of  the  personal   notice hereinabove  required  in  instances where one listing affects more than one property owner and in instances where the owner  or  owners  of  the listed property cannot be ascertained.  (e)  No  place  may  be  removed  from the state register unless it is determined by the commissioner, after consultation with the board,  that the  qualities  that gave it significance and for which it was initially listed no longer exist.  (f) The commissioner shall, upon request, provide information  on  the places  listed  on  the  state  register  and  on  sites included in the statewide inventory maintained by the office pursuant to the  provisions of  subdivision  two  of  this  section  to  any person making a written request for such information, with the exception of sites  that  may  be damaged  by  unauthorized  investigators  if their location be generally publicized. Notwithstanding the provisions of any other law, information on such archeological sites may be  withheld  from  the  public  at  the discretion  of the commissioner in consultation with the commissioner of education and will be released, where appropriate, in a format  approved by  such  commissioners. The commissioner may establish a reasonable fee for the preparation, duplication and mailing of requested information.  (g) The commissioner shall include in the state register all places he determines to be of significance after consultation with the  board.  In making  the listing the commissioner shall indicate whether the place is primarily of national, state or local significance.   2. Statewide inventory of historic  property.  (a)  The  commissioner, with  the  assistance  of  the agency preservation officers of all state departments, agencies, boards, commissions, public benefit  corporations and  public  authorities  shall prepare and maintain an inventory of all property owned by the  state,  public  benefit  corporations  or  public authorities,  which  may qualify for nomination to the national register of historic places and/or listing on  the  state  register  of  historic places.  In  addition,  the  commissioner  in cooperation with municipal officials, shall prepare and maintain an inventory of all other property publicly and privately owned which may qualify  for  nomination  to  the national register and listing on the state register.  (b)  The commissioner shall consult with the commissioner of education and consider information from surveys of archeological sites prepared by  such department. The commissioner of education shall cooperate with  the commissioner by continuing to expand, maintain and review the department of  education's inventory of archeological sites and provide information thereon to the commissioner.  (c)  The commissioner shall assist and encourage private organizations and groups in undertaking surveys, studies and inventories  of  historic places and cultural resources.  (d)  These  inventories  shall  constitute  the statewide inventory of historic places and shall be represented  on  appropriate  maps  of  the entire  inventory.  Inclusion of a historic place on the inventory shall not by itself be deemed to be a  determination  by  the  state  of  such place's significance for purposes of section 15 (a) of Public Law 89-574 as  subsequently  amended.  The commissioner shall regularly review this inventory and, with the advice of the board, select sites for listing on the state register and for nomination to the national register and  make recommendations to the commissioner of the office of general services of buildings  on  the  inventory which have available space deemed suitable for state use.   3.   Statewide   comprehensive   historic   preservation   plan.   The commissioner,  in consultation with the board, shall prepare a statewide comprehensive  historic  preservation  plan.  This  plan   may   include proposals  for  the  preservation  and  use  of registered property. The annual state plan submitted to the Heritage Conservation and  Recreation Service in the United States Department of Interior may substantially be used  in  preparing  this  plan.  The agency preservation officers shall cooperate and municipal officials may cooperate with the commissioner in the promulgation of plans and proposals in relation to  historic  places within their respective jurisdictions. The commissioner shall update the plan  annually.  The  commissioner  shall  annually  notify every agency preservation officer and municipal official of the availability  of  the state  plan or the annual update and a copy of the annual plan or update shall be  sent  to  every  agency  preservation  officer  and  municipal official requesting such a plan or update.   4.  From  funds  available  from  the  federal government for historic preservation purposes which may be used for reimbursement as hereinafter provided, and funds  appropriated  by  the  state  for  the  purpose  of assisting  local  and regional preservation programs including funds for survey and planning,  the  commissioner  may  provide  reimbursement  to municipalities  and  private  organizations  which undertake surveys and studies  of  historic  places  and  cultural  resources,  prepare  local historic  preservation  reports  or otherwise assist the commissioner in carrying out his historic preservation responsibilities.