Section 14.09. State agency activities affecting historic or cultural property; notice and comment


Latest version.
  • 1. As early in the  planning  process  as
      may be practicable and prior to the preparation or approval of the final
      design  or plan of any project undertaken by a state agency, or prior to
      the funding of any project by a state agency or prior to  an  action  of
      approval  or  entitlement  of any private project by a state agency, the
      agency's  preservation  officer  shall  give  notice,  with   sufficient
      documentation,  to  and  consult  with  the  commissioner concerning the
      impact of the project if it appears that any aspect of the  project  may
      or  will  cause any change, beneficial or adverse, in the quality of any
      historic, architectural, archeological, or  cultural  property  that  is
      listed on the national register of historic places or property listed on
      the  state  register  or is determined to be eligible for listing on the
      state register by the commissioner.  Generally,  adverse  impacts  occur
      under conditions which include but are not limited to (a) destruction or
      alteration  of all or part of a property; (b) isolation or alteration of
      its surrounding environment; (c) introduction  of  visual,  audible,  or
      atmospheric  elements  that  are  out  of character with the property or
      alter  its  setting;  or  (d)  neglect  of  property  resulting  in  its
      deterioration  or  destruction.  Every  agency  shall  fully explore all
      feasible and prudent alternatives and give due consideration to feasible
      and prudent plans which  avoid  or  mitigate  adverse  impacts  on  such
      property.  In  the event that the agency has filed or will file with the
      department  of  environmental  conservation,  with   respect   to   that
      contemplated project, a draft environmental impact statement pursuant to
      the  provisions  of article eight of the environmental conservation law,
      it shall provide a copy thereof to the commissioner and the chairman  of
      the  board  and  shall  also  supply  such  further  information  as the
      commissioner may request. This  section  shall  not  apply  to  a  state
      project that is necessary to prevent an immediate and imminent threat to
      life or property.
        2.  The  commissioner shall undertake a review and make comment within
      thirty days of receipt of notice, with sufficient  documentation,  of  a
      proposed  project as to whether or not such proposed project may have an
      adverse impact on any property that is listed on the  national  register
      of  historic  places  or  on  the  state register or is determined to be
      eligible for the state register by the commissioner. The  comment  shall
      be put on file and shall be available to the public on request. If it is
      determined  that  a project may have an adverse impact on such property,
      the commissioner shall so notify the agency in writing. Upon receipt  of
      such  notification  from  the commissioner, the agency shall immediately
      contact the commissioner for the purpose of exploring alternatives which
      would avoid or mitigate adverse impacts to such property consistent with
      the policy and provisions of this article and other  provisions  of  law
      relating to historic preservation. To the fullest extent practicable, it
      is  the  responsibility  of  every  state  agency, consistent with other
      provisions of law, to avoid or mitigate adverse  impacts  to  registered
      property  or  property  determined  eligible  for  listing  on the state
      register by  the  commissioner.  In  order  to  avoid  inconsistency  or
      duplication  in  review  functions,  the  commissioner  shall  establish
      procedures in accordance with other provisions of this  section  whereby
      reviews conducted under this section are coordinated with the reviews of
      project  or plan proposals under other provisions of law and regulation.
      When a project is being reviewed pursuant to section one hundred six  of
      the  national  historic preservation act of 1966, the procedures of this
      section shall not apply and any review or comment  by  the  commissioner
      and  the  board  on  such  project  shall  be  within  the  framework or
      procedures of the section one hundred six review. The commissioner shall
    
      issue an annual report outlining state agency actions on  which  comment
      had  been  requested or issued under this section. Proposed alternatives
      and results of the review process  shall  be  included  in  said  annual
      report.