N.Y. Comp. Codes R. & Regs. tit. 9 § 436.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 436.3 - Measures to assure future preservation

(a) In order to assure the preservation of grant-assisted historic properties and to assure that a public benefit shall accure from the use of public funds, the commissioner shall not make grant assistance available until a project agreement is in place. The commissioner's requirements shall be incorporated into the project agreement and may include:

(1) limitations on the right of the owner and/or grant recipient to alter, demolish or convey the property;

(2) provisions for public access, where appropriate; and

(3) granting of exterior or interior easements to the State or an approved municipality or not-for-profit corporation. Easements shall require that any proposals for subsequent alterations, additions or other physical changes be approved by the commissioner.

(b) The period of the easement shall be no less than 23 years from the date on which the check for final payment on the project is issued by the State Comptroller.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 436.3