N.Y. Comp. Codes R. & Regs. tit. 9 § 427.1

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

Section 427.1 - Concurrent consideration of properties for listing on the state and national registers

All historic places within the State listed on or nominated by the commissioner for inclusion on the National Register shall be listed on the State Register.

(a) Except as provided for in subdivision (b) of this section, all proposals for the listing of properties on both the National Register and State Register shall be submitted, reviewed and acted upon in accordance with the regulations governing the National Register ( 36 CFR 1202 ), including any amendments to these regulations and any regulations which shall subsequently take the place of these regulations.

(b) At certain points in the listing process, the statutory requirements for the two registers are different. In these instances, and only in these instances, the procedures for listing a property on the National Register and those for listing it on the State Register shall be followed separately. The procedures which the commissioner shall follow for listing a property on the State Register that differ from National Register procedures are as follows:

(1) Those regulations which prohibit listing on the National Register when property owners object shall not apply to nominations for the State Register.

(2) Notice of a proposed listing on the State Register and the provision of a comment period shall be made in accordance with the provisions of section 427.4 of this Part.

(3) A decision on listing a property on the State Register shall be made no later than 180 days from receipt of the nomination and sufficient supporting documentation in accordance with the provisions of section 427.5(b) of this Part.

(4) Any statutory provision or other procedure established subsequent to the effective date of this Part for listing a property on the National Register which differs from the New York State Historic Preservation Act of 1980 or the provisions of this Part shall not apply to listings on the State Register.

(c) On the date that the commissioner signs a nomination for listing on the National Register, the property will be listed on the State Register, and all benefits and protections of listing shall accrue in full force and effect from that date. Following the listing of a property on the State Register, the commissioner shall provide notification as required in section 427.5(d) of this Part.

(d) If a property is withdrawn from consideration for nomination to the National Register due to the recommendation of a local historic preservation commission or municipal official, or because the property owner has filed an objection to the listing, it will continue to be considered for listing on the State Register according to the provisions of section 427.5 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 427.1