N.Y. Comp. Codes R. & Regs. tit. 9 § 427.5

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

Section 427.5 - Review and listing

(a) The nomination proposal, together with all comments, shall be reviewed by the board which shall consult with and make recommendations to the commissioner as to whether the property meets the criteria for listing on the State Register.

(b) After consideration of the recommendations of the board, the commissioner shall include on the State Register all places he determines to be of significance.

(c) The commissioner shall make such determination no later than 180 calendar days after receipt of the proposal with sufficient supporting documentation as provided for in section 427.2 of this Part, including all written comments provided for in subdivision (d) of section 427.4.

(d) The commissioner shall issue his decision on listing the property, with an appropriate finding in support, in writing.

(e) In addition, the commissioner shall specify whether a listed property is primarily of national, State or local significance.

(f)

(1) Promptly, and in no case later than 45 calendar days after the commissioner makes a decision relating to the listing of a property on the State Register, the commissioner shall:

(i) notify the appropriate APO and/or municipal official and, except as provided for in paragraph (2) of this subdivision, each owner of privately owned property at his last known address;

(ii) publish a notice of the decision in a newspaper of general circulation in the area where the property is located; and

(iii) publish a notice of the listing in the Register.

(2) Whenever a listing would affect property in which there are more than 50 property owners, or the owner or owners cannot be ascertained, the notice published pursuant to subparagraph (ii) of paragraph (1) of this subdivision shall be in lieu of the personal notice provided for in subparagraph (i) of paragraph (1).

(g) A property which the commissioner has decided not to list on the State Register may be reproposed for nomination if additional pertinent information, not previously considered, regarding the property's historical and cultural significance can be provided to the commissioner. A reproposal for nomination should be submitted and will be considered in the same manner as a new proposal.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 427.5