N.Y. Comp. Codes R. & Regs. tit. 9 § 426.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 426.1 - Authority and purpose

(a) These regulations implement article 14 of the Parks, Recreation and Historic Preservation Law, which was enacted by the New York State Historic Preservation Act of 1980 (chapter 354 of the Laws of 1980). The act became effective on August 22, 1980.

(b) The purpose of the State Historic Preservation Act is to continue and advance the State's historic preservation programs and activities, to continue the responsibility for the coordination of such programs and activities with the Commissioner of Parks, Recreation and Historic Preservation, to foster consistency of State activities with historic preservation policy, to encourage and assist local governments in local preservation programs and activities, and to encourage and assist private agencies and individuals undertaking preservation by private means.

(c) The act declares it to be the public policy and in the public interest of this State to engage in a comprehensive program of historic preservation.

(d) The act authorizes the Commissioner of Parks, Recreation and Historic Preservation, in consultation with the State Board for Historic Preservation, to establish the New York State Register of Historic Places, consisting 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.

(e) The act requires State agencies to consult with the commissioner if it appears that any project which is being planned 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 of Historic Places or that is determined by the commissioner to be eligible for listing on the State Register of Historic Places. It requires State agencies, to the fullest extent practicable, consistent with other provisions of the law, to avoid or mitigate adverse impacts to such properties, to fully explore all feasible and prudent alternatives and to give due consideration to feasible and prudent plans which would avoid or mitigate adverse impacts to such property. It establishes agency preservation officers for the purpose of implementing these provisions.

(f) In addition, the act reinforces and expands the role of the State Board for Historic Preservation as an advisory body to the commissioner.

(1) It continues the board's existing functions of:

(i) advising the commissioner on policy matters affecting historic preservation and the historic site system;

(ii) providing consultation to the commissioner on historic site management, development and interpretation;

(iii) reviewing and making recommendations to the commissioner on whether properties meet the criteria for listing on the State and National Registers of Historic Places; and

(iv) reviewing and advising the commissioner on the statewide survey and plan for historic preservation.

(2) It adds to the board's existing duties, new functions consisting of:

(i) reviewing and making recommendations to the commissioner on grant applications and use of Federal and State grants-in-aid; and

(ii) reviewing and commenting on selected projects which are being reviewed by the commissioner under section 106 of the National Historic Preservation Act of 1966 and section 14.09 of the Parks, Recreation and Historic Preservation Law, and commenting on environmental impact assessments or statements, or as otherwise provided by law, on undertakings which may have an impact on historic resources.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 426.1