reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter II - General Rules › Subchapter A - New York State Conservation Corps › Part 419 - General Provisions › Section 419.5 - Advisory council

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There
					 shall be a New York State Conservation Corps Advisory Council consisting of the
					 commissioner, the Commissioner of Environmental Conservation, the Commissioner
					 of Labor, the Commissioner of Education, the Director of the Division for
					 Youth, and 10 additional members appointed by the Governor. Of the appointed
					 members, three are to be appointed upon the recommendation of the Temporary
					 President of the Senate, three upon the recommendation of the Speaker of the
					 Assembly, two upon the recommendation of the Minority Leader of the Senate and
					 two upon the recommendation of the Minority Leader of the Assembly.
(b) The term for each appointed member of the
					 advisory council shall be three years.
(c) The commissioner shall be the chairman of
					 the advisory council.
(d) The
					 advisory council shall meet at the direction of the commissioner, no less than
					 annually.
(e) The function of the
					 advisory council will be to:
(1) identify and
					 review issues and current State policies and programs which directly or
					 indirectly affect the Conservation Corps, and make recommendations to the
					 commissioner regarding these matters;
(2) advise the commissioner in the planning,
					 development and management of the corps;
(3) review implementation and make
					 recommendations regarding the law creating the corps;
(4) provide assistance as requested by the
					 commissioner; and
(5) assist in the
					 development of the annual report.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter II - General Rules › Subchapter A - New York State Conservation Corps › Part 419 - General Provisions › Section 419.6 - Annual report

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall prepare an annual report on the
						Conservation Corps and shall submit such report to the Governor and the New
						York State Legislature.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter II - General Rules › Subchapter A - New York State Conservation Corps › Part 419 - General Provisions › Section 419.7 - Coordination

Current through Register Vol. 46, No. 28, July 10, 2024
To the greatest extent possible, the Office and each
						project sponsor will cooperate and coordinate its efforts with the Job Training
						Partnership Council, Department of Labor, Department of Environmental
						Conservation, State Education Department, Division for Youth and local youth
						agencies in the conduct of the recruiting, education and training components of
						the program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter II - General Rules › Subchapter A - New York State Conservation Corps › Part 420 - Conservation Corps Projects › Section 420.1 - Project sponsors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 municipality, State agency, Indian nation or not-for-profit corporation, as
					 described in section
					 419.3  of this Title,
					 which has the authority to apply for and receive State grants, is eligible to
					 apply to serve as a project sponsor.
(b) A project sponsor must provide at least
					 20 percent of the project costs in the form of cash or documented in-kind
					 services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter II - General Rules › Subchapter A - New York State Conservation Corps › Part 420 - Conservation Corps Projects › Section 420.2 - Project requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Classification of projects. The Conservation Corps program shall be made up of
					 the following classes of projects:
(1) summer
					 projects operated during the months of June, July and August;
(2) seasonal projects which may be operated
					 at any time of the year and are less than a full year in duration;
(3) year-round projects which are projects of
					 at least a full year's duration; and
(4) a residential program operated by the
					 Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter II - General Rules › Subchapter A - New York State Conservation Corps › Part 420 - Conservation Corps Projects › Section 420.3 - Conservation corps participants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Participants in the Conservation Corps
					 shall include the following:
(1) Enrollees
					 shall be individuals who meet the minimum qualifications and are selected by a
					 project sponsor to participate in a Conservation Corps project.
(2) Enrollee leaders shall be enrollees at
					 least 18 years of age who serve in a leadership position.
(3) Crew supervisors shall generally be
					 employees of the project sponsor who are the supervisors of crews of enrollees
					 and are responsible for the daily worksite operations of Conservation Corps
					 projects.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter II - General Rules › Subchapter A - New York State Conservation Corps › Part 421 - Project Applications › Section 421.1 - Project applications

Current through Register Vol. 46, No. 28, July 10, 2024
At the beginning of the annual project cycle, the
						commissioner will announce the availability of applications for Conservation
						Corps projects. The commissioner's announcement will include where to obtain
						application information and the date by which applications must be
						submitted.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter II - General Rules › Subchapter A - New York State Conservation Corps › Part 421 - Project Applications › Section 421.2 - Evaluation of applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Applications will be reviewed and evaluated by the Office to determine how well
					 the project attains the goals of the Conservation Corps as described in
					 sections
					 419.2
					 and
					 420.2  of
					 this Title.
(b) Additional factors
					 related to the proposed project which will be considered are:
(1) the anticipated long-term public benefit
					 of the project, resulting from the rehabilitation or renovation of existing
					 facilities or resources or the development of new facilities or
					 resources;
(2) the meaningfulness
					 to the enrollees of the work to be performed;
(3) the meaningfulness of the project to the
					 community;
(4) the potential for
					 the project to enhance the basic employment skills of the enrollees as well as
					 to increase their appreciation of the State's natural environment and cultural
					 heritage; and
(5) the degree to
					 which the work is labor-intensive and not more appropriately performed using
					 heavy equipment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter II - General Rules › Subchapter A - New York State Conservation Corps › Part 421 - Project Applications › Section 421.3 - Project agreement

Current through Register Vol. 46, No. 28, July 10, 2024
A successful applicant shall enter into an agreement with
						the Office for the expenditure of State funds in accordance with the
						Conservation Corps program. The application to conduct a Conservation Corps
						project, with such modifications as may be required by the Office, shall be
						made a part of the agreement, along with any other provisions required by State
						law, the Attorney General, the State Comptroller and the
						Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter A - Certifying Rehabilitation Of Historic Property › Part 425 - Fees For Processing, Reviewing And Certifying Rehabilitation Of Historic Properties › Section 425.1 - Homeowner historic property rehabilitation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Office of Parks, Recreation and
					 Historic Preservation (office) shall use the following schedule to assess and
					 collect fees for processing, reviewing and certifying an application from a
					 homeowner for rehabilitation of his or her historic residential property and
					 for approving the homeowner's rehabilitation expenditure under the New York
					 State tax credit program.
(b) The
					 application submitted to the office shall consist of three parts. An initial
					 application fee of $25 shall be submitted with part 2 and that amount shall be
					 deducted from the final fee that shall be submitted with part 3.
(c) An applicant with a household adjusted
					 gross income of $60,000 or less is exempt from paying any fee to the
					 office.
(d) The applicant shall
					 submit any receipts and documents requested by the office to assist it in
					 determining the amount of the fee or exemption and in issuing the
					 certification.
(e)
Final
					 fee.
Rehabilitation expenditure
Fee
(1) $5,000 - $9,999
$50
(2) $10,000 - $49,999
$100
(3) $50,000 - $99,999
$200
(4) $100,000 - $149,999
$300
(5) $150,000 - $199,999
$400
(6) $200,000 - $250,000
$500
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter A - Certifying Rehabilitation Of Historic Property › Part 425 - Fees For Processing, Reviewing And Certifying Rehabilitation Of Historic Properties › Section 425.2 - Commercial, office, industrial, rental historic property rehabilitation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The office
					 shall use the following schedule to assess and collect fees for processing,
					 reviewing and certifying an application from a taxpayer for rehabilitation of a
					 historic commercial, office, industrial or residential rental (income
					 producing) property and for approving the taxpayer's rehabilitation expenditure
					 under the New York State tax credit program.
(b) The application submitted to the office
					 shall consist of three parts. An initial application fee shall be submitted
					 with part 2 and that amount shall be deducted from the final fee that shall be
					 submitted with part 3.
(c) For
					 projects up to $100,000 in rehabilitation expenditure, the initial application
					 fee shall be $50; for projects above $100,000 in rehabilitation expenditure the
					 initial application fee shall be 10 percent of the estimated final
					 fee.
(d) The applicant also shall
					 submit any receipts and documents requested by the office to assist in
					 determining the amount of the fee and in issuing the certification.
(e)
Final fee.
Rehabilitation expenditure
Fee
(1) Under $20,000
$100
(2) $20,000 - $99,999
$500
(3) $100,000 - $499,999
$1,000
(4) $500,000 - $999,999
$1,500
(5) $1,000,000 - $2,499,999
$2,500
(6) $2,500,000 - $4,999,999
$3,000
(7) $5,000,000 - $9,999,999
$4,000
(8) $10,000,000 or more
$5,000
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter A - Certifying Rehabilitation Of Historic Property › Part 425 - Fees For Processing, Reviewing And Certifying Rehabilitation Of Historic Properties › Section 425.3 to 425.15 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 426.2 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in these regulations, the following terms
						shall have the following meanings unless the context otherwise requires:
(a) Agency preservation officer (APO) shall
					 mean the commissioner, director or chairperson of any State department, agency,
					 board, commission, public benefit corporation or public authority, or a
					 representative identified in accordance with the provisions of subdivision 2 of
					 section 14.05  of the Parks, Recreation and Historic Preservation Law.
(b) Board shall mean the State Board for
					 Historic Preservation established pursuant to article 11 of the Parks,
					 Recreation and Historic Preservation Law.
(c) Chairman shall mean the chairman of the
					 State Board for Historic Preservation.
(d) Eligible property shall mean any place or
					 property within the State which the commissioner determines meets the criteria
					 for listing in the State Register found at section
					 427.3  of
					 this Subchapter, or which is deemed eligible pursuant to section
					 427.6 
					 of this Title.
(e) Historic
					 preservation shall mean the study, designation, protection, restoration,
					 rehabilitation and use of buildings, structures, historic districts, areas and
					 sites significant in the history, architecture, archeology or culture of this
					 State, its communities or the nation.
(f) Historic place or property shall mean any
					 building, structure, district, area, site or object, including underground and
					 underwater sites, that is of significance in the history, architecture,
					 archaeology or culture of the State, its communities or the nation.
(g) Interested party shall mean any State or
					 municipal official or member of the public.
(h) Inventoried property shall mean:
(1) any property listed on the statewide
					 inventory of historic property established under subdivision 2 of section 14.07 
					 of the Parks, Recreation and Historic Preservation Law;
(2) any property within the areas specified
					 on the statewide archeological inventory map; and
(3) any property listed on the Office of
					 General Services inventory of properties under the jurisdiction or control of,
					 or otherwise owned or used by, any State agency.
These lists, or information pertaining to properties
						included in the inventory, may be obtained from the commissioner pursuant to
						section
						426.3 
						of this Part.
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 426.3 - Notification and inquiries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 notices required by these regulations and all inquiries and requests for
					 documents and forms referred to in these regulations should be addressed to:
Commissioner of Parks, Recreation and Historic
						Preservation
Attention: Historic Preservation Field Services
						Bureau
1 Delaware Avenue North
Cohoes, NY 12047
(b) Notices to the State Board for Historic
					 Preservation should be addressed to:
State Board for Historic Preservation
Attention: Chairman, Division of Historic
						Preservation
1 Delaware Avenue North
Cohoes, NY 12047
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 426.4 to 426.7 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 426.8 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 426.9 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 426.11 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 427 - State Register Of Historic Places › Section 427.1 - Concurrent consideration of properties for listing on the state and national registers

Current through Register Vol. 46, No. 28, July 10, 2024
All historic places within the State listed on or
						nominated by the commissioner for inclusion on the National Register shall be
						listed on the State Register.
(a)
					 Except as provided for in subdivision (b) of this section, all proposals for
					 the listing of properties on both the National Register and State Register
					 shall be submitted, reviewed and acted upon in accordance with the regulations
					 governing the National Register (  36 CFR 1202), including any amendments to
					 these regulations and any regulations which shall subsequently take the place
					 of these regulations.
(b) At
					 certain points in the listing process, the statutory requirements for the two
					 registers are different. In these instances, and only in these instances, the
					 procedures for listing a property on the National Register and those for
					 listing it on the State Register shall be followed separately. The procedures
					 which the commissioner shall follow for listing a property on the State
					 Register that differ from National Register procedures are as follows:
(1) Those regulations which prohibit listing
					 on the National Register when property owners object shall not apply to
					 nominations for the State Register.
(2) Notice of a proposed listing on the State
					 Register and the provision of a comment period shall be made in accordance with
					 the provisions of section
					 427.4  of this
					 Part.
(3) A decision on listing a
					 property on the State Register shall be made no later than 180 days from
					 receipt of the nomination and sufficient supporting documentation in accordance
					 with the provisions of section
					 427.5(b) 
					 of this Part.
(4) Any statutory
					 provision or other procedure established subsequent to the effective date of
					 this Part for listing a property on the National Register which differs from
					 the New York State Historic Preservation Act of 1980 or the provisions of this
					 Part shall not apply to listings on the State Register.
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 427 - State Register Of Historic Places › Section 427.2 - Nomination of properties to the state register only

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Nomination proposals may be submitted by
					 an APO, municipal official, local historic preservation board or commission or
					 a member of the public.
(b) All
					 nomination proposals to the State Register are to be made on standard National
					 Register forms, as revised. The forms and standards for their completion are
					 available pursuant to section
					 426.3 
					 of this Subchapter.
(c) If the
					 commissioner determines that the nomination form is incomplete and the
					 supporting documentation is insufficient, he shall ask the party submitting the
					 nomination proposal to provide such additional documentation as is required to
					 make a decision on listing the property on the State Register.
(d) Completed proposals should be submitted
					 to the commissioner and must be accompanied by a letter stating that the
					 nomination is to be considered for listing only on the State
					 Register.
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 427 - State Register Of Historic Places › Section 427.3 - Criteria for listing

Current through Register Vol. 46, No. 28, July 10, 2024
The following criteria shall be used by the commissioner
						when determining if properties are eligible for listing on the State Register
						and by the commissioner, in consultation with the board, in determining which
						eligible properties should be listed on the State Register:
(a) The quality of significance in American
					 history, architecture and culture is present in districts, sites, buildings,
					 structures and objects that possess integrity of location, design, setting,
					 materials, workmanship, feeling and association, and:
(1) that are associated with events that have
					 made a significant contribution to the broad patterns of our history;
					 or
(2) that are associated with the
					 lives of persons significant in our past; or
(3) 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
(4) that have
					 yielded, or may be likely to yield, information important in prehistory or
					 history.
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 427 - State Register Of Historic Places › Section 427.4 - Notice and comment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
					 receipt of a nomination proposal with sufficient documentation, and no later
					 than 30 calendar days prior to the review of the proposal by the board, the
					 commissioner shall provide notice of the proposed listing to the APO and/or
					 municipal official having jurisdiction over the property and, except as
					 provided in subdivision (b) of this section, shall provide such notice by mail
					 to each owner, if privately owned, at his last known address.
(b) Whenever a listing is proposed where
					 there are more than 50 property owners, or the owner or owners cannot be
					 ascertained, the notice of pending listing shall be made by publication in a
					 newspaper of general circulation in the area where the property is
					 located.
(c) No later than 30
					 calendar days prior to the review of the proposal by the board, the
					 commissioner shall cause notice of the proposed listing to be published in the
					 Register. Such notice shall state when the board will review the proposal and
					 how an interested party may submit comments on it.
(d) If the municipal official and/or APO with
					 jurisdiction over any property, or the owner or owners of such property,
					 advises the commissioner in writing within 20 calendar days of mailing or
					 publishing of notification that the official or owner questions the eligibility
					 of the proposed property, the commissioner and the board shall postpone
					 consideration of the proposal for no more than 60 days to allow the official or
					 owner a reasonable opportunity to present a written statement to the
					 commissioner and the board.
(e) Any
					 interested party may submit comments relating to a nomination proposal.
					 Comments should be addressed to the commissioner who shall cause them to be
					 appended to the nomination form and reviewed along with the proposal. In
					 addition, any interested party may appear before the board to present comments
					 relating to a nomination proposal. Such party should notify the board of his
					 intention to present comments no later than 10 calendar days prior to the board
					 meeting.
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 427 - State Register Of Historic Places › Section 427.5 - Review and listing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 nomination proposal, together with all comments, shall be reviewed by the board
					 which shall consult with and make recommendations to the commissioner as to
					 whether the property meets the criteria for listing on the State
					 Register.
(b) After consideration
					 of the recommendations of the board, the commissioner shall include on the
					 State Register all places he determines to be of significance.
(c) The commissioner shall make such
					 determination no later than 180 calendar days after receipt of the proposal
					 with sufficient supporting documentation as provided for in section
					 427.2 
					 of this Part, including all written comments provided for in subdivision (d) of
					 section
					 427.4.
(d) The commissioner shall issue his decision
					 on listing the property, with an appropriate finding in support, in
					 writing.
(e) In addition, the
					 commissioner shall specify whether a listed property is primarily of national,
					 State or local significance.
(f)
(1) Promptly, and in no case later than 45
					 calendar days after the commissioner makes a decision relating to the listing
					 of a property on the State Register, the commissioner shall:
(i) notify the appropriate APO and/or
					 municipal official and, except as provided for in paragraph (2) of this
					 subdivision, each owner of privately owned property at his last known
					 address;
(ii) publish a notice of
					 the decision in a newspaper of general circulation in the area where the
					 property is located; and
(iii)
					 publish a notice of the listing in the Register.
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 427 - State Register Of Historic Places › Section 427.6 - Effect of national register eligibility determination on state register eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Properties which have not been nominated by the
						commissioner for listing on the National Register, but which have been
						determined eligible for such listing by the Department of the Interior of the
						United States shall also be deemed eligible for listing on the State Register
						and may be nominated thereto in accordance with this Part.
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 427 - State Register Of Historic Places › Section 427.7 - Revisions to listings

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may remove a property from the State
						Register if he determines, after consultation with the board, that the
						qualities that gave it significance and for which it was initially listed no
						longer exist. The provisions of sections
						427.4 and
						427.5  of this
						Part shall be complied with for the proposed deletion of a property from the
						State Register in the same manner as for a proposed listing.
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 427 - State Register Of Historic Places › Section 427.8 - Public access to information

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall make available information
						relating to properties proposed for listing or listed on the State Register of
						Historic Places in accordance with the Freedom of Information Law, article 6 of
						the Public Officers Law, and Part 463 of this Title. Information on
						archaeological sites that may be damaged by unauthorized investigators if their
						location be generally known 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.
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 427 - State Register Of Historic Places › Section 427.20 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.1 - Responsibility of state agencies with regard to registered and eligible property

Current through Register Vol. 46, No. 28, July 10, 2024
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 or eligible property. 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.
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 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.2 - Coordination with other review procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No project requiring review by the
					 commissioner acting in his capacity as State Historic Preservation Officer in
					 accordance with section 106 of the National Historic Preservation Act of 1966,
					 as implemented by the regulations of the Federal Advisory Council on Historic
					 Preservation, "Protection of Historic and Cultural Properties" (  36 CFR 800),
					 shall be reviewed in accordance with these procedures.
(b) A draft environmental impact statement
					 (DEIS) prepared in compliance with the State Environmental Quality Review Act
					 (SEQR) shall be submitted to the commissioner and to the chairman of the board
					 and may be accepted for the purpose of complying with subdivisions (b) and (c)
					 of section
					 428.8 
					 of this Part, provided that the commissioner determines that the DEIS contains
					 sufficient detailed information to satisfy the requirements of those
					 subdivisions.
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 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.3 - Activities undertaken by more than one state agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If more than one State agency is involved
					 in an undertaking which is subject to review under this Part, a single
					 consolidated review will be acceptable, provided that it encompasses all agency
					 activities associated with the undertaking which are subject to
					 review.
(b) The primary
					 responsibility for complying with the provisions of this Part is on the agency
					 initiating the undertaking. However, the involved agencies may agree among
					 themselves which agency shall act as lead agency for purposes of this
					 Part.
(c) Notwithstanding the
					 provisions of subdivisions (a) and (b) of this section, every State agency
					 involved in an undertaking shall be responsible for ensuring that the
					 provisions of this Part are complied with.
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 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.4 - Undertakings subject to review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As early in the planning process as
					 possible, and in any case prior to the preparation or approval of any final
					 design or plan or the permitting or approval of an undertaking the APO shall
					 determine if the undertaking is subject to review under this Part. APO's are
					 strongly encouraged to consult with the commissioner when making this
					 determination.
(b) Except as
					 provided in sections
					 428.11
					 through
					 428.13 
					 of this Part such review is mandatory whenever it appears that any aspect of
					 the proposed undertaking may or will cause any change, beneficial or adverse,
					 in the quality of any eligible or registered property in the project impact
					 area. For purposes of this Part a change includes but is not limited to; the
					 whole or partial restoration or rehabilitation of the property, or landscape or
					 improvements to the site; any action which might lead to the destruction or
					 alteration of all or part of the property; alteration of the property's
					 surrounding environment; the introduction of any visual, audible or atmospheric
					 elements or any other actions which might cause or contribute to the
					 destruction, alteration or neglect of the property.
(c) If it appears that any property in the
					 project impact area, including but not limited to inventoried property as
					 defined in section
					 426.2(h) 
					 of this Title, may meet any of the criteria for listing set forth in section
					 427.3  of
					 this Title the APO shall request an eligibility determination in accordance
					 with section
					 428.5 
					 of this Part. This request shall be made prior to or concurrently with the
					 notice and request for determination of impact made pursuant to subdivision (d)
					 of this section.
(d) If it is
					 determined that an undertaking is subject to review under this Part, the APO
					 shall notify the commissioner in writing and request that the impact of the
					 undertaking on eligible or registered property be determined. This notice must
					 list all State agencies participating in the undertaking and review and
					 indicate if a single consolidated review is being conducted pursuant to section
					 428.3 
					 of this Part.
(e) The APO shall
					 provide sufficient documentation for the commissioner to make an informed and
					 reasoned determination concerning the impact of the undertaking on eligible or
					 registered property. Submission of a completed PRDS will generally be deemed
					 sufficient for this purpose. However, the commissioner may determine that the
					 PRDS is not adequate and require the agency to submit any additional studies or
					 documentation deemed necessary.
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 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.5 - Request for determination of eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the request of an APO or any other
					 interested party, the commissioner shall determine if any property which may be
					 affected by an undertaking is eligible for the State Register.
(b) Except as provided in section
					 428.4(c) 
					 of this Part a request for an eligibility determination shall be made at a
					 reasonable time prior to the implementation of the undertaking. The
					 commissioner, after notifying the APO in accordance with the provisions of
					 subdivision (d) of this section, will determine on a case-by-case basis what
					 constitutes a reasonable time, and this determination shall be
					 conclusive.
(c) The request,
					 whether made by an APO or an interested party, shall be accompanied by
					 sufficient information concerning the property for the commissioner to make an
					 informed and reasoned determination of eligibility. The commissioner may
					 require submission of whatever additional information is deemed necessary to
					 this determination. When an APO requests a determination of eligibility a
					 completed PRDS should accompany the request.
(d) If an interested party requests a
					 determination of eligibility the commissioner shall notify the APO of any
					 agency having jurisdiction over the property or known to be involved in the
					 undertaking. The commissioner may ask the APO to submit a completed PRDS or any
					 other information relating to the undertaking and give the APO an opportunity
					 to comment on the request.
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 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.6 - Determination of eligibility pursuant to request

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30 days of receiving sufficient
					 information pursuant to section
					 428.5 
					 of this Part, the commissioner shall determine if the property meets any of the
					 criteria for listing found in section
					 427.3  of
					 this Title and is therefore eligible for the State Register. Notice of the
					 commissioner's ruling shall be given to the party who requested the
					 determination and to the relevant APO.
(b) If the commissioner identifies eligible
					 properties or resources, the APO must comply with the provisions of section
					 428.4.
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 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.7 - Assessment of impact

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 determining whether an undertaking will have an adverse impact on eligible or
					 registered property, the commissioner shall consider whether the undertaking is
					 likely to cause:
(1) destruction or alteration
					 of all or part of the property;
(2)
					 isolation or alteration of the property's environment;
(3) introduction of visual, audible or
					 atmospheric elements which are out of character with the property or alter its
					 setting;
(4) neglect of the
					 property resulting in its deterioration or destruction.
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 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.8 - Consultation process: exploration of feasible and prudent alternatives

Current through Register Vol. 46, No. 28, July 10, 2024
To the fullest extent possible it is the duty of every
						State agency to avoid or mitigate the adverse impacts of its undertakings on
						eligible or registered properties. To protect these irreplaceable assets and
						meet their legal obligations, agencies must make every effort to reconcile
						their programs with the public policy of the State regarding historic
						preservation by finding a feasible and prudent means to avoid or mitigate any
						adverse impact of the undertaking identified by the commissioner. To this end,
						the following procedures shall be followed:
(a) If the commissioner determines that an
					 undertaking will have an adverse impact on eligible or registered property
					 recommendations shall be formulated which the undertaking agency must consider
					 when exploring all feasible and prudent alternatives. These recommendations
					 shall accompany the notice of adverse impact given by the commissioner pursuant
					 to section
					 428.7. When
					 appropriate, the commissioner's recommendations shall include methods and
					 standards for the curation and/or disposition of archaeological finds produced
					 as a result of the undertaking.
(b)
					 Unless the agency elects to abandon the project, it shall fully explore and
					 give thorough consideration to the commissioner's recommendations and respond
					 to them in writing within a reasonable time. The agency's response must specify
					 if it agrees or disagrees with the commissioner's recommendations and, if it
					 disagrees, give the factual basis for its position.
(c) If the agency disagrees with one of the
					 commissioner's recommendations. its response under subdivision (b) of this
					 section must also include an alternative proposal which, in the agency's
					 opinion, would avoid or mitigate to the greatest extent possible the adverse
					 impacts identified by the commissioner. Any such proposal must include a
					 statement of the facts which support it.
(d) In formulating recommendations or
					 alternatives, both the commissioner and the undertaking agency must give
					 primary consideration to the State's historic preservation policy as expressed
					 in article 14.00 of the Parks, Recreation and Historic Preservation Law. Other
					 factors such as cost, program needs, safety, efficiency, code requirements or
					 alternate sites may also be considered. However, none of these factors standing
					 alone shall be determinative of whether a particular proposal is feasible or
					 prudent.
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 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.9 - Consultation process: public participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The agency proposing the undertaking is
					 responsible, through the State Environmental Quality Review process or similar
					 procedures, for obtaining the views of the public concerning the
					 undertaking.
(b) At the
					 commencement of the consultation process, the APO shall confer with the
					 commissioner to establish a process for appropriate public notification and
					 participation which may include public hearings at which representatives of
					 local government and interested citizens may express their views on the
					 undertaking or on any alternatives which would avoid or mitigate the adverse
					 impacts of the undertaking on eligible or registered properties. If it is
					 determined that a public hearing is appropriate it should, whenever possible,
					 be conducted concurrently with other public hearings which the undertaking
					 agency might be required to hold under other provisions of law. If the
					 commissioner and the APO do not agree on the need for a public hearing or the
					 adequacy of hearings held under other provisions of law either of them may
					 unilaterally decide to conduct a public hearing. Notice of any public hearing
					 held pursuant to this section shall be given at least 15 days in advance of the
					 hearing date.