N.Y. Comp. Codes R. & Regs. tit. 9 § 428.12

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

Section 428.12 - Designation of categories of undertakings exempt from review

At the request of an APO, the commissioner shall consider the designation of certain categories of undertakings as being exempt from review pursuant to this Part. In order to be designated by the commissioner as an exempt category, the category of undertaking must not be likely to change the quality of historic resources. The designation of exempt categories will occur in the following manner:

(a) The APO shall make a written request to the commissioner for designation. The request must be accompanied by the following documentation:

(1) a complete description of the nature of all activities that would be implemented in the particular category of undertaking; and

(2) a statement from the APO concerning the reason(s) for believing that activities implemented in the particular category of undertaking will not cause a change to any registered or eligible property.

(b) If the commissioner determines that the documentation submitted is insufficient, the agency shall provide additional documentation requested by the commissioner in order for the commissioner to make a determination.

(c) The commissioner shall consider the information provided pursuant to subdivisions (a) and (b) of this section, and shall respond whether the category of undertaking will be exempt from review pursuant to these regulations. The commissioner shall provide the reason(s) for this determination.

(d) The commissioner shall respond to the request within 30 calendar days of receipt. If the commissioner requests that additional information be submitted pursuant to the provisions of subdivision (b) of this section, the commissioner shall respond within 30 calendar days of the receipt of the additional material.

(e) If an agency makes a request to the commissioner for certification of an exempt category, until such time as the commissioner issues a written determination that the category is exempt the agency shall comply with the provisions of this Part as if the category of undertaking is not exempt.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 428.12