§ 14.07 — State register of historic places; inventory of historic property; statewide comprehensive historic preservation plan

New York § 14.07

• Jurisdiction: New York
• Law PAR: Parks, Recreation and Historic Preservation
• Art. 14: Historic Preservation

Text

§ 14.07 State register of historic places; inventory of historic\nproperty; statewide comprehensive historic preservation plan. 1. State\nregister of historic places.\n (a) The commissioner, in consultation with the board, shall establish\na listing of sites, districts, structures, buildings, areas or objects\nabove or below the surface of the earth whether on land or in the waters\nof the state, together with any designated improvements thereon,\nsignificant in the history, architecture, archeology or culture of the\nstate, its communities or the nation. Such listing shall constitute the\nNew York state register of historic places. All historic places within\nthe state listed on or nominated by the commissioner for inclusion on\nthe national register of historic places before or after this article\nbecomes law shall be deemed to be listed on the state register.\n (b) The commissioner, with the advice of the board, shall establish\nthe procedures and the criteria for listing on the state register\nconsistent with the criteria established for listing on the national\nregister and for classifying whether such places are primarily of\nnational, state or local significance. The criteria for listing on the\nnational register which shall be used as a guide for listing on the\nstate register are as follows:\n The quality of significance in American history, architecture,\narcheology, and culture is present in districts, sites, buildings,\nstructures, and objects that possess integrity of location, design,\nsetting, materials, workmanship, feeling, and association, and:\n A. that are associated with events that have made a significant\ncontribution to the broad patterns of our history; or\n B. that are associated with the lives of persons significant in our\npast; or\n C. that embody the distinctive characteristics of a type, period, or\nmethod of construction, or that represent the work of a master, or that\npossess high artistic values, or that represent a significant and\ndistinguishable entity whose components may lack individual distinction;\nor\n D. that have yielded, or may be likely to yield, information important\nin prehistory or history. Such procedures shall include opportunity for\nthe public to make proposals for listing on the state register, the\nnotification in advance of the listing to the agency preservation\nofficers and/or municipal official having jurisdiction over the property\nand for the mailing of notification of pending action to the owner or\nowners of record of the property, if privately owned, at their last\nknown address; provided however, that if one listing affects more than\none property owner or where the owner or owners cannot be ascertained,\nthe publishing of notice of pending listing in a newspaper of general\ncirculation in the area where the property is located shall constitute\nadequate notice. Such procedures shall also provide for timely review\nand consideration of listing places on the state register which the\nUnited States Secretary of the Interior has designated as eligible for\nthe national register. When a proposal for listing with sufficient\nsupporting documentation is made by a municipal official, local historic\npreservation board or commission or a member of the public, a decision\non listing the proposed property with an appropriate finding supporting\nthe decision shall be issued in writing by the commissioner not more\nthan one hundred eighty days after such proposal is received by the\ncommissioner.\n (c) If the municipal official of any municipality with jurisdiction\nover any property or the owner or owners of such property, other than\nthat included upon or nominated for inclusion upon the national register\nof historic places prior to the effective date of this article, advises\nthe commissioner in writing within fifteen days of mailing or publishing\nof notification that the municipality or owner questions the eligibility\nof the proposed property, the commissioner shall postpone the listing\nuntil the municipality or owner has the reasonable opportunity to\npresent a written statement to the commissioner and the board.\n (d) The benefits and protections of this article upon any listing on\nthe state register shall accrue in full force and effect from the date\nof its listing. Within forty-five days after the listing of any property\non the state register, the commissioner shall notify the appropriate\nagency preservation officer and/or municipal official and the owner of\nthe property affected, if privately owned, at his last known address.\nWith respect to all properties deemed to be listed on the state register\nbecause they were listed on or nominated to the national register before\nthis article became law, within a reasonable time after this article\nbecomes law, the commissioner shall notify the appropriate agency\npreservation officer and/or municipal official and the owner of the\nproperty affected, if privately owned, at his last known address. Such\nnotice shall include the registered properties' classification as\nprimarily of national, state or local significance. The commissioner\nshall also cause notice of the listing to be published in a newspaper of\ngeneral circulation in the area where the property is located. Such\npublication of notice shall be in lieu of the personal notice\nhereinabove required in instances where one listing affects more than\none property owner and in instances where the owner or owners of the\nlisted property cannot be ascertained.\n (e) No place may be removed from the state register unless it is\ndetermined by the commissioner, after consultation with the board, that\nthe qualities that gave it significance and for which it was initially\nlisted no longer exist.\n (f) The commissioner shall, upon request, provide information on the\nplaces listed on the state register and on sites included in the\nstatewide inventory maintained by the office pursuant to the provisions\nof subdivision two of this section to any person making a written\nrequest for such information, with the exception of sites that may be\ndamaged by unauthorized investigators if their location be generally\npublicized. Notwithstanding the provisions of any other law, information\non such archeological sites may be withheld from the public at the\ndiscretion of the commissioner in consultation with the commissioner of\neducation and will be released, where appropriate, in a format approved\nby such commissioners. The commissioner may establish a reasonable fee\nfor the preparation, duplication and mailing of requested information.\n (g) The commissioner shall include in the state register all places he\ndetermines to be of significance after consultation with the board. In\nmaking the listing the commissioner shall indicate whether the place is\nprimarily of national, state or local significance.\n 2. Statewide inventory of historic property. (a) The commissioner,\nwith the assistance of the agency preservation officers of all state\ndepartments, agencies, boards, commissions, public benefit corporations\nand public authorities shall prepare and maintain an inventory of all\nproperty owned by the state, public benefit corporations or public\nauthorities, which may qualify for nomination to the national register\nof historic places and/or listing on the state register of historic\nplaces. In addition, the commissioner in cooperation with municipal\nofficials, shall prepare and maintain an inventory of all other property\npublicly and privately owned which may qualify for nomination to the\nnational register and listing on the state register.\n (b) The commissioner shall consult with the commissioner of education\nand consider information from surveys of archeological sites prepared by\nsuch department. The commissioner of education shall cooperate with the\ncommissioner by continuing to expand, maintain and review the department\nof education's inventory of archeological sites and provide information\nthereon to the commissioner.\n (c) The commissioner shall assist and encourage private organizations\nand groups in undertaking surveys, studies and inventories of historic\nplaces and cultural resources.\n (d) These inventories shall constitute the statewide inventory of\nhistoric places and shall be represented on appropriate maps of the\nentire inventory. Inclusion of a historic place on the inventory shall\nnot by itself be deemed to be a determination by the state of such\nplace's significance for purposes of section 15 (a) of Public Law 89-574\nas subsequently amended. The commissioner shall regularly review this\ninventory and, with the advice of the board, select sites for listing on\nthe state register and for nomination to the national register and make\nrecommendations to the commissioner of the office of general services of\nbuildings on the inventory which have available space deemed suitable\nfor state use.\n 3. Statewide comprehensive historic preservation plan. The\ncommissioner, in consultation with the board, shall prepare a statewide\ncomprehensive historic preservation plan. This plan may include\nproposals for the preservation and use of registered property. The\nannual state plan submitted to the Heritage Conservation and Recreation\nService in the United States Department of Interior may substantially be\nused in preparing this plan. The agency preservation officers shall\ncooperate and municipal officials may cooperate with the commissioner in\nthe promulgation of plans and proposals in relation to historic places\nwithin their respective jurisdictions. The commissioner shall update the\nplan annually. The commissioner shall annually notify every agency\npreservation officer and municipal official of the availability of the\nstate plan or the annual update and a copy of the annual plan or update\nshall be sent to every agency preservation officer and municipal\nofficial requesting such a plan or update.\n 4. From funds available from the federal government for historic\npreservation purposes which may be used for reimbursement as hereinafter\nprovided, and funds appropriated by the state for the purpose of\nassisting local and regional preservation programs including funds for\nsurvey and planning, the commissioner may provide reimbursement to\nmunicipalities and private organizations which undertake surveys and\nstudies of historic places and cultural resources, prepare local\nhistoric preservation reports or otherwise assist the commissioner in\ncarrying out his historic preservation responsibilities.\n