New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter B - New York State Historic Preservation Act Of 1980 › Part 426 - Authority and Purpose; Definition of Terms; Notification and Inquiries › Section 426.1 - Authority and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
					 regulations implement article 14 of the Parks, Recreation and Historic
					 Preservation Law, which was enacted by the New York State Historic Preservation
					 Act of 1980 (chapter 354 of the Laws of 1980). The act became effective on
					 August 22, 1980.
(b) The purpose of
					 the State Historic Preservation Act is to continue and advance the State's
					 historic preservation programs and activities, to continue the responsibility
					 for the coordination of such programs and activities with the Commissioner of
					 Parks, Recreation and Historic Preservation, to foster consistency of State
					 activities with historic preservation policy, to encourage and assist local
					 governments in local preservation programs and activities, and to encourage and
					 assist private agencies and individuals undertaking preservation by private
					 means.
(c) The act declares it to
					 be the public policy and in the public interest of this State to engage in a
					 comprehensive program of historic preservation.
(d) The act authorizes the Commissioner of
					 Parks, Recreation and Historic Preservation, in consultation with the State
					 Board for Historic Preservation, to establish the New York State Register of
					 Historic Places, consisting 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.
(e)
					 The act requires State agencies to consult with the commissioner if it appears
					 that any project which is being planned 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 of Historic Places or
					 that is determined by the commissioner to be eligible for listing on the State
					 Register of Historic Places. It requires State agencies, to the fullest extent
					 practicable, consistent with other provisions of the law, to avoid or mitigate
					 adverse impacts to such properties, to fully explore all feasible and prudent
					 alternatives and to give due consideration to feasible and prudent plans which
					 would avoid or mitigate adverse impacts to such property. It establishes agency
					 preservation officers for the purpose of implementing these
					 provisions.
(f) In addition, the
					 act reinforces and expands the role of the State Board for Historic
					 Preservation as an advisory body to the commissioner.
(1) It continues the board's existing
					 functions of:
(i) advising the commissioner on
					 policy matters affecting historic preservation and the historic site
					 system;
(ii) providing consultation
					 to the commissioner on historic site management, development and
					 interpretation;
(iii) reviewing and
					 making recommendations to the commissioner on whether properties meet the
					 criteria for listing on the State and National Registers of Historic Places;
					 and
(iv) reviewing and advising the
					 commissioner on the statewide survey and plan for historic
					 preservation.