2006 New York Code - 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.