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State and Federal Laws
Federal and State Preservation Programs
The SHPO administers Federal and State preservation programs for New York State. Below are brief descriptions
of some of the programs, why they may apply to your project and what you can expect from the SHPO. Project
review is triggered by the involvement of Federal or State agencies responsible for funding, permitting,
licensing, or any other approvals necessary for projects that may affect historic properties.
The National Historic Preservation Act of 1966, Section 106
The National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) is the nation's primary historic
preservation law. The act created the National Register of Historic Places, the official list of properties
significant in the history, architecture, archeology and culture of the United States. The act also called
for the creation of State Historic Preservation Offices (SHPO) to administer the national program at the
state level. In addition, any project that involves federal funds, licenses or permits is reviewed in
accordance with Section 106 which establishes procedures to be followed by federal agencies whose actions
may directly or indirectly have an effect on historic properties, and directs those agencies to consult
with SHPO to assess those effects. Therefore, any approvals/permits/funding that are given by a federal
agency must also be reviewed by SHPO. The comments of an independent review agency, the Advisory Council on
Historic Preservation, are sought whenever federal agencies are involved in relevant undertakings. Examples
include but are not limited to CORPS permits, FCC permits (cell towers), FDIC approvals/funding (banks,
mortgage insurance, etc.), HUD or Community Development funding, etc.
The Office of Parks, Recreation and Historic Preservation Law,
Section 14.09
The New York State Historic Preservation Act of 1980 (Chapter 354 of Parks, Recreation and Historic
Preservation Law) was modeled directly after the National Historic Preservation Act of 1966. The act
created the New York State Register of Historic Places. Section 14.09 of the act established a review
process for state agency activities affecting historic or cultural properties, requiring state agencies to
consult with the Commissioner of the Office of Parks, Recreation and Historic Preservation.
Therefore, if your project requires any permits or is receiving funding/ grants or any
other approvals from state agencies (such as DEC, DOT, State Ed, etc.), review by OPRHP is required. 14.09
REGS PAGE
State Environmental Quality Review Act (SEQRA)
The State Environmental Quality Review Act (SEQRA), 6NYCRR Part 617 of the New York State Environmental
Conservation Law, establishes a set of uniform regulations by which all state, county and local governmental
agencies incorporate consideration of environmental impacts into their planning, review and decision-making
processes. Impacts to historic resources, such as buildings listed on the State or National Registers of
Historic Places and archeological sites, should be taken into account. To accomplish the goal of the act,
SEQRA requires that all governmental agencies determine whether the action they directly undertake, fund or
approve may have a significant impact on the environment. If an action may have a significant adverse impact,
agencies must prepare or request an environmental impact statement. SEQRA applies to projects undertaken or
permitted by county and local governments; consequently, many thousands of projects statewide that fall
outside the purview of the state and national historic preservation acts are reviewed. New implementing
regulations for SEQRA went into effect in 1996. Under this act, municipalities may require that your project
be reviewed by our office. All OPRHP comments under this review are advisory only. For more information on
SEQRA
consult the New York State Department of Environmental Conservation For more information from related
organizations:
Society for American Archeology (SAA)
National Trust for Historic Preservation (NTHP)
Advisory Council on Historic Preservation
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