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 428 - State Agency Activities Affecting Historic Or Cultural Properties
Section 428.9 - Consultation process: public participation

(a) The agency proposing the undertaking is responsible, through the State Environmental Quality Review process or similar procedures, for obtaining the views of the public concerning the undertaking.

(b) At the commencement of the consultation process, the APO shall confer with the commissioner to establish a process for appropriate public notification and participation which may include public hearings at which representatives of local government and interested citizens may express their views on the undertaking or on any alternatives which would avoid or mitigate the adverse impacts of the undertaking on eligible or registered properties. If it is determined that a public hearing is appropriate it should, whenever possible, be conducted concurrently with other public hearings which the undertaking agency might be required to hold under other provisions of law. If the commissioner and the APO do not agree on the need for a public hearing or the adequacy of hearings held under other provisions of law either of them may unilaterally decide to conduct a public hearing. Notice of any public hearing held pursuant to this section shall be given at least 15 days in advance of the hearing date.