9 CRR-NY 428.4NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
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
9 CRR-NY 428.4
9 CRR-NY 428.4
428.4 Undertakings subject to review.
(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.
9 CRR-NY 428.4
Current through September 15, 2021
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