N.Y. Comp. Codes R. & Regs. tit. 9 § 428.7

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

Section 428.7 - Assessment of impact

(a) In determining whether an undertaking will have an adverse impact on eligible or registered property, the commissioner shall consider whether the undertaking is likely to cause:

(1) destruction or alteration of all or part of the property;

(2) isolation or alteration of the property's environment;

(3) introduction of visual, audible or atmospheric elements which are out of character with the property or alter its setting;

(4) neglect of the property resulting in its deterioration or destruction.

(b) When a determination of eligibility is made pursuant to section 428.6 of this Part following the submission of a completed PRDS and any other information requested pursuant to section 428.5 the commissioner shall determine the impact of the undertaking at the same time eligibility is determined. Both determinations shall be included in the notice given to the APO under section 428.6(a) of this Part.

(c) In all other cases the commissioner shall determine if the project will have an adverse impact on eligible or registered property and notify the APO of this determination within 30 days of receiving a completed PRDS and any other information requested pursuant to section 428.4(e) of this Part.

(d) If, upon reviewing a project as proposed by the undertaking agency, the commissioner is satisfied that it will cause no adverse impact on eligible or registered property, notice of this determination shall be given to the APO and no further review or consultation under this Part shall be required.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 428.7