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