N.Y. Parks, Recreation and Historic Preservation Law § 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.