N.Y. Comp. Codes R. & Regs. tit. 9 § 428.5

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

Section 428.5 - Request for determination of eligibility

(a) At the request of an APO or any other interested party, the commissioner shall determine if any property which may be affected by an undertaking is eligible for the State Register.

(b) Except as provided in section 428.4(c) of this Part a request for an eligibility determination shall be made at a reasonable time prior to the implementation of the undertaking. The commissioner, after notifying the APO in accordance with the provisions of subdivision (d) of this section, will determine on a case-by-case basis what constitutes a reasonable time, and this determination shall be conclusive.

(c) The request, whether made by an APO or an interested party, shall be accompanied by sufficient information concerning the property for the commissioner to make an informed and reasoned determination of eligibility. The commissioner may require submission of whatever additional information is deemed necessary to this determination. When an APO requests a determination of eligibility a completed PRDS should accompany the request.

(d) If an interested party requests a determination of eligibility the commissioner shall notify the APO of any agency having jurisdiction over the property or known to be involved in the undertaking. The commissioner may ask the APO to submit a completed PRDS or any other information relating to the undertaking and give the APO an opportunity to comment on the request.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 428.5