N.Y. Comp. Codes R. & Regs. tit. 9 § 426.2

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

Section 426.2 - Definition of terms

Whenever used in these regulations, the following terms shall have the following meanings unless the context otherwise requires:

(a) Agency preservation officer (APO) shall mean the commissioner, director or chairperson of any State department, agency, board, commission, public benefit corporation or public authority, or a representative identified in accordance with the provisions of subdivision 2 of section 14.05 of the Parks, Recreation and Historic Preservation Law.

(b) Board shall mean the State Board for Historic Preservation established pursuant to article 11 of the Parks, Recreation and Historic Preservation Law.

(c) Chairman shall mean the chairman of the State Board for Historic Preservation.

(d) Eligible property shall mean any place or property within the State which the commissioner determines meets the criteria for listing in the State Register found at section 427.3 of this Subchapter, or which is deemed eligible pursuant to section 427.6 of this Title.

(e) Historic preservation shall mean the study, designation, protection, restoration, rehabilitation and use of buildings, structures, historic districts, areas and sites significant in the history, architecture, archeology or culture of this State, its communities or the nation.

(f) Historic place or property shall mean any building, structure, district, area, site or object, including underground and underwater sites, that is of significance in the history, architecture, archaeology or culture of the State, its communities or the nation.

(g) Interested party shall mean any State or municipal official or member of the public.

(h) Inventoried property shall mean:

(1) any property listed on the statewide inventory of historic property established under subdivision 2 of section 14.07 of the Parks, Recreation and Historic Preservation Law;

(2) any property within the areas specified on the statewide archeological inventory map; and

(3) any property listed on the Office of General Services inventory of properties under the jurisdiction or control of, or otherwise owned or used by, any State agency.

These lists, or information pertaining to properties included in the inventory, may be obtained from the commissioner pursuant to section 426.3 of this Part.

(i) Municipality shall mean any county, city, town or village.

(j) Municipal official shall mean the chief executive officer of any municipality or his or her designated representative.

(k) National Register shall mean the National Register of Historic Places established under the National Historic Preservation Act of 1966.

(l) Project impact area shall mean the geographic area or areas within which a proposed undertaking may cause any change, beneficial or adverse, in the character or use of an eligible or registered property.

(m) Project Review Data Sheet (PRDS) shall mean the information required by the commissioner to make an informed and reasonable determination as to whether or not a proposed undertaking may have an adverse impact on a registered or eligible property. A suggested form is provided in Appendix I-8 of this Title.

(n) Registered property shall mean any place or property within the State nominated by the commissioner for listing on the National Register of Historic Places or listed on the New York State Register of Historic Places established pursuant to section 14.07 of the Parks, Recreation and Historic Preservation Law.

(o) Register shall mean the New York State Registerpublished by the Secretary of State under article 6-A of the Executive Law.

(p) State agency shall mean any State department, agency, board or commission of the State, or a public benefit corporation or public authority at least one of whose members is appointed by the Governor.

(q) State Register shall mean the State Register of Historic Places established under section 14.07 of the Parks, Recreation and Historic Preservation Law.

(r) Undertaking shall mean any of the following:

(1) any physical activity undertaken by a State agency, including the alteration or demolition of property, and the transfer, lease or sale of property;

(2) the funding by a State agency of any physical activity, including the alteration or demolition of property, and the transfer, lease or sale of property; and

(3) the approval, licensing, permitting or any other entitlement by a State agency of any activity, including the alteration, demolition, transfer, lease or sale of property.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 426.2