2006 New York Code - 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.