Archeology - 14.09 State Regulations

PART 427

State Register of Historic Places
{Statutory authority: Parks, Recreation and Historic Preservation Law, Sections 3.09(8), 14.07(1)}

Section
427.1 - Concurrent consideration of properties for listing on the State and National Registers
427.2 - Nomination of properties to the State Register only
427.3 - Criteria for listing
427.4 - Notice and comment
427.5 - Review and listing
427.6 - Effect of National Register eligibility determination on State Register eligibility
427.7 - Revisions to listings
427.8 - Public access to information

Historical Note: Part (Sections 427.1-427.6, 427.20) added by renum. Part 283, Title 6, filed Sept. 1971; repealed, filed June 6, 1974; new (Sections 427.1-427.8) filed Sept. 23, 1981 eff. Sept. 23, 1981.

Section 427.1 - Concurrent Consideration of Properties for Listing on the State and National Registers.

All historic places within the State listed on or nominated by the commissioner for inclusion on the National Register shall be listed on the State Register.

  1. Except as provided for in subdivision (b) of this section, all proposals for the listing of properties on both the National Register and State Register shall be submitted, reviewed and acted upon in accordance with the regulations governing the National Register (36 CFR 1202), including any amendments to these regulations and any regulations which shall subsequently take the place of these regulations.
  2. At certain points in the listing process, the statutory requirements for the two registers are different. In these instances, and only in these instances, the procedures for listing a property on the National Register and those for listing it on the State Register shall be followed by separately. The procedures which the commissioner shall follow for listing a property on the State Register that differ from National Register procedures area as follows:
    1. Those regulations which prohibit listing on the National Register when property owners object shall not apply to nominations for the State Register.
    2. Notice of a proposed listing on the State Register and the provision of a comment period shall be made in accordance with the provisions of Section 427.4 of this part.
    3. A decision on listing a property on the State Register shall be made no later than 180 days from receipt of the nomination and sufficient supporting documentation in accordance with the provisions of Section 427.5(b) of this Part.
    4. Any statutory provision or other procedure established subsequent to the effective date of this Part for listing a property on the National Register which differs from the New York State Historic Preservation Act of 1980 or the provisions of this Part shall not apply to listings on the State Register.
  3. On the date that the commissioner signs a nomination for listing on the National Register, the property will be listed on the State Register, and all benefits and protections of listing shall accrue in full force and effect from that date. Following the listing of a property on the State Register, the commissioner shall provide notification as required in Section 427.5 (d) of this Part.
  4. If a property is withdrawn from consideration for nomination to the National Register due to the recommendation of a local historic preservation commission or municipal official, or because the property owner has filed an objection to the listing, it will continue to be considered for listing on the State Register according to the provisions of Section 427.5 of this Part.

Historical Note: Sec. added by renum. 283.1, Title 6, filed Sept. 1971; repealed, filed June 6, 1974; new filed Sept. 23, 1981 eff. Sept. 23, 1981.

Section 427.2 - Nomination of Properties to the State Register Only.

  1. Nomination proposals may be submitted by an APO, municipal official, local historic preservation board or commission or a member of the public.
  2. All nomination proposals to the State Register are to be made on standard National Register forms, as revised. The forms and standards for their completion are available pursuant to Section 426.3 of this Subchapter.
  3. If the commissioner determines that the nomination form is incomplete and the supporting documentation is insufficient, he shall ask the party submitting the nomination proposal to provide such additional documentation as is required to make a decision on listing the property on the State Register.
  4. Completed proposals should be submitted to the commissioner and must be accompanied by a letter stating that the nomination is to be considered for listing only on the State Register.

Historical Note: Sec. added by renum. 283.2, Title 6, filed Sept. 1971; repealed, filed June 6, 1974; new filed Sept. 23, 1981 eff. Sept 23. 1981.

Section 427.3 - Criteria for Listing.

The following criteria shall be used by the commissioner when determining if properties are eligible for listing on the State Register and by the commissioner, in consultation with the board, in determining which eligible properties should be listed on the State Register:

  1. The quality of significance in American history, architecture and culture is present in districts, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association, and:
    1. that are associated with events that have made a significant contribution to the broad patterns of our history; or
    2. that are associated with the lives of persons significant in our past; or
    3. that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
    4. that have yielded, or may be likely to yield, information important in prehistory or history.
  2. Special Considerations.

Ordinarily, cemeteries, birthplaces or graves of historic figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the State Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:

  1. a religious property deriving primary significance from architectural or artistic distinction or historical importance;
  2. a building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with an historic person or event;
  3. a birthplace or grave of an historical figure of outstanding importance if there is no appropriate site or building directly associated with his productive life;
  4. a cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events;
  5. a reconstructed building, when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived;
  6. a property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or
  7. a property achieving significance within the past 50 years if it is of exceptional importance.

Historical Note: Sec. added by renum. 283.3, Title 6, filed Sept. 1971; repealed, filed June 6, 1974; new filed Sept. 23, 1981; amd. filed June 3, 1991 eff. June 19, 1991.

Section 427.4 - Notice and Comment.

  1. Upon receipt of a nomination proposal with sufficient documentation, and no later than 30 calendar days prior to the review of the proposal by the board, the commissioner shall provide notice of the proposed listing to the APO and/or municipal official having jurisdiction over the property and, except as provided in subdivision (b) of this section, shall provide such notice by mail to each owner, if privately owned, at his last known address.
  2. Whenever a listing is proposed where there are more than 50 property owners, or the owner or owners cannot be ascertained, the notice of pending listing shall be made by publication in a newspaper of general circulation in the area where the property is located
  3. No later than 30 calendar days prior to the review of the proposal by the board, the commissioner shall cause notice of the proposed listing to be published in the Register. Such notice shall state when the board will review the proposal and how an interested party may submit comments on it.
  4. If the municipal official and/or APO with jurisdiction over any property, or the owner or owners of such property, advises the commissioner in writing within 20 calendar days of mailing or publishing of notification that the official or owner questions the eligibility of the proposed property, the commissioner and the board shall postpone consideration of the proposal for no more than 60 days to allow the official or owner a reasonable opportunity to present a written statement to the commissioner and the board.
  5. Any interested party may submit comments relating to a nomination proposal. Comments should be addressed to the commissioner who shall cause them to be appended to the nomination form and reviewed along with the proposal. In addition, any interested party may appear before the board to present comments relating to a nomination proposal. Such party should notify the board of his intention to present comments no later than 10 calendar days prior to the board meeting.

Historical Note: Sec. added by renum. 283.4, Title 6, filed Sept. 1971; repealed, filed June 6, 1974; new filed Sept. 23, 1981 eff. Sept. 23, 1981.

Section 427.5 - Review and Listing.

  1. The nomination proposal, together with all comments, shall be reviewed by the board which shall consult with and make recommendations to the commissioner as to whether the property meets the criteria for listing on the State Register.
  2. After consideration of the recommendations of the board, the commissioner shall include on the State Register all places he determines to be of significance.
  3. The commissioner shall make such determination no later than 180 calendar days after receipt of the proposal with sufficient supporting documentation as provided for in section 427.2 of this Part, including all written comments provided for in subdivision (d) of Section 427.4.
  4. The commissioner shall issue his decision on listing the property, with an appropriate finding in support, in writing.
  5. In addition, the commissioner shall specify whether a listed property is primarily of national, State or local significance.
    1. Promptly, and in no case later than 45 calendar days after the commissioner makes a decision relating to the listing of a property on the State Register, the commissioner shall:
      1. notify the appropriate APO and/or municipal official and, except as provided for in paragraph (2) of this subdivision, each owner of privately owned property at his last known address;
      2. publish a notice of the decision in a newspaper of general circulation in the area where the property is located; and
      3. publish a notice of the listing in the Register.
    2. Whenever a listing would affect property in which there are more than 50 property owners, or the owner or owners cannot be ascertained, the notice published pursuant to subparagraph (ii) of paragraph (1) of this subdivision shall be in lieu of the personal notice provided for in subparagraph (i) of paragraph (1).
  7. A property which the commissioner has decided not to list on the State Register may be reproposed for nomination if additional pertinent information, not previously considered, regarding the property's historical and cultural significance can be provided to the commissioner. A reproposal for nomination should be submitted and will be considered in the same manner as a new proposal.

Historical Note: Sec. added by renum. 283.5, Title 6, filed Sept. 1971; repealed, filed June 6, 1974; new filed Sept. 23, 1981 eff. Sept 23, 1981.

Section 427.6 - Effect of National Register eligibility determination on State Register eligibility.

Properties which have not been nominated by the commissioner for listing on the National Register, but which have been determined eligible for such listing by the Department of the Interior of the United States shall also be deemed eligible for listing on the State Register and may be nominated thereto in accordance with this Part.

Historical Note: Sec. added by renum. 283.6, Title 6, filed Sept. 1971; repealed, filed June 6, 1974; new filed Sept. 23, 1981; amd. filed June 3, 1991 eff. June 19, 1991.

Section 427.7 - Revisions to Listings.

The commissioner may remove a property from the State Register if he determines, after consultation with the board, that the qualities that gave it significance and for which it was initially listed no longer exist. The provisions of Sections 427.4 and 427.5 of this Part shall be complied with for the proposed deletion of a property from the State Register in the same manner as for a proposed listing.

Historical Note: Sec. filed Sept. 23, 1981 eff. Sept. 23, 1981.

Section 427.8 - Public Access to Information.

The commissioner shall make available information relating to properties proposed for listing or listed on the State Register of Historic Places in accordance with the Freedom of Information Law, article 6 of the Public Officers Law, and Part 463 of this Title. Information on archaeological sites that may be damaged by unauthorized investigators if their location be generally known may be withheld from the public at the discretion of the commissioner in consultation with the commissioner of Education, and will be released, where appropriate, in a format approved by such commissioners.

Historical Note: Sec. filed Sept. 23, 1981 eff. Sept. 23, 1981.

Section 427.20
Historical Note: Sec. added by renum. 283.20, Title 6, filed Sept. 1971; repealed, filed June 6, 1974 eff. June 10, 1974.

  
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