New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle I - Office of Parks, Recreation and Historic Preservation
Chapter III - HISTORIC PRESERVATION
Subchapter B - New York State Historic Preservation Act Of 1980
Part 426 - Authority and Purpose; Definition of Terms; Notification and Inquiries
Section 426.1 - Authority and purpose
Current through Register Vol. 46, No. 39, September 25, 2024
(a) These regulations implement article 14 of the Parks, Recreation and Historic Preservation Law, which was enacted by the New York State Historic Preservation Act of 1980 (chapter 354 of the Laws of 1980). The act became effective on August 22, 1980.
(b) The purpose of the State Historic Preservation Act is to continue and advance the State's historic preservation programs and activities, to continue the responsibility for the coordination of such programs and activities with the Commissioner of Parks, Recreation and Historic Preservation, to foster consistency of State activities with historic preservation policy, to encourage and assist local governments in local preservation programs and activities, and to encourage and assist private agencies and individuals undertaking preservation by private means.
(c) The act declares it to be the public policy and in the public interest of this State to engage in a comprehensive program of historic preservation.
(d) The act authorizes the Commissioner of Parks, Recreation and Historic Preservation, in consultation with the State Board for Historic Preservation, to establish the New York State Register of Historic Places, consisting of sites, districts, structures, buildings, areas or objects above or below the surface of the earth whether on land or in the waters of the State, together with any designated improvements thereon, significant in the history, architecture, archeology or culture of the State, its communities or the nation.
(e) The act requires State agencies to consult with the commissioner if it appears that any project which is being planned 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 of Historic Places or that is determined by the commissioner to be eligible for listing on the State Register of Historic Places. It requires State agencies, to the fullest extent practicable, consistent with other provisions of the law, to avoid or mitigate adverse impacts to such properties, to fully explore all feasible and prudent alternatives and to give due consideration to feasible and prudent plans which would avoid or mitigate adverse impacts to such property. It establishes agency preservation officers for the purpose of implementing these provisions.
(f) In addition, the act reinforces and expands the role of the State Board for Historic Preservation as an advisory body to the commissioner.
