RAPID/Roadmap/11-NY-a

< RAPID‎ | Roadmap
Jump to: navigation, search

RAPID

Regulatory and Permitting Information Desktop Toolkit

New York State Cultural Considerations (11-NY-a)

The New York State Historic Preservation Act of 1980 (9 CRR-NY 426), established as a counterpart to the National Historic Preservation Act, declares historic preservation to be the public policy of New York and in the public interest of the state. The State and National Registers of Historic Places provide official listings of buildings, structures, districts, objects, and sites of significant historical, architectural, archeological, engineering, or cultural value to the state and the nation. Properties listed or eligible for listing in the State and National Registers receive a measure of protection from the effects of federal and/or state agency-sponsored, licensed or assisted projects through a process of notice, review, and consultation. 9 CRR-NY 426.1; New York – Historic Preservation Office: National Register.


In New York, the Commissioner of the New York State Office of Parks, Recreation and Historic Preservation acts as the State Historic Preservation Officer (SHPO). The SHPO’s role in the review process is to ensure that effects or impacts on eligible or listed properties are considered and avoided or mitigated during the project planning process. The State Board for Historic Preservation may also review and comment on projects reviewed by the SHPO under the National Historic Preservation Act and State Historic Preservation Act. State cultural considerations are considered as part of the State Environmental Quality Review (SEQR) process. The state historic preservation process is triggered by any project involving a state action which may affect a nominated or listed State Register property. The state (or federal) agency permitting, funding, or authorizing a project is primarily responsible for complying with the requirements of the New York State Historic Preservation Act. New York - State Historic Preservation Office: National Register; New York - State Historic Preservation Office: Environmental Review; 9 CRR-NY 426.1(h).


State Cultural Considerations Process

11-NY-a.1 to 11-NY-a.3 – May the Project Affect a Property Listed or Eligible for Listing in the State Register?

Early on in the planning process, and prior to project approval, the facilitating agency’s Agency Preservation Officer (APO) must determine whether the project may affect a property listed or eligible for listing in the State Register of Historic Places.

First, the APO must determine whether or not the property is listed in the New York State or National Registers of Historic Places. If the property is not listed, the APO must determine whether or not the property meets the necessary criteria to be included in the registers. New York - State Historic Preservation Office: Environmental Review. APO’s are strongly encouraged to consult with the SHPO when making this determination. Contact the SHPO to be connected to a representative who handles projects in the relevant geographic area.

If the project will not affect a listed or eligible property, no consultation is required. New York - State Historic Preservation Office: Environmental Review: Frequently Asked Questions.

Although the APO initiates consultation with the SHPO, the developer should participate in the consultation process in order to ensure that the necessary project materials are received and reviewed in a timely manner and to avoid costly delays. In some cases, the state or federal agency may encourage the developer to request designation as agency’s non-federal representative for purposes of conducting the necessary consultations. New York - State Historic Preservation Office: Environmental Review: Frequently Asked Questions; see FERC Handbook, at 3-1.

11-NY-a.4 - Request Determination of Eligibility

Under the New York State Historic Preservation Act, review by the SHPO is mandatory if it appears that any aspect of a project may cause a change (beneficial or adverse) in the quality of a property listed or eligible for listing in the State and National Registers of Historic Places. 9 CRR-NY 426.1(e). 9 CRR-NY 427.3 outlines the eligibility criteria for listing in the State and National Registers of Historic Places.

If it appears that any property within the project impact area may meet the criteria for listing, the APO must request a Determination of Eligibility. The APO must submit the request to the SHPO at a reasonable time prior to commencement of the undertaking, and the request must include the following items:

  1. A description of the project;
  2. Photographs of the project site and its surroundings (including buildings) keyed to a site map;
  3. A USGS quadrangle map (in urban settings, a more detailed map is required); and
  4. A completed Project Review Cover Form.

9 CRR-NY 428.4(c); 9 CRR-NY 428.5(b)(c). The request must include sufficient information, enabling the SHPO to make an informed and reasoned determination of the property’s eligibility. If existing buildings, structures or objects are located on the project site and/or its surroundings, the APO must also submit a completed Historic Resource Inventory Form. 9 CRR-NY 428.5(b)-(c); New York - State Historic Preservation Office: Environmental Review. Note: The request for a determination of eligibility may be made prior to or concurrently with the notice and request for determination of impact. See, Element 11-NY-a.11 - Request Determination of Impact, below.

11-NY-a.5 to 11-NY-a.6 – Is the Request Complete?

If a submission is incomplete, the SHPO will request any additional information necessary to making an informed and reasoned determination. A request for additional information will extend the necessary time for review. 9 CRR-NY 428.5(c); New York - State Historic Preservation Office: Environmental Review: Frequently Asked Questions.

11-NY-a.7 to 11-NY-a.8 – Review Eligibility for Listing

At the request of an APO or other interested party, and upon receipt of all necessary materials, the SHPO assesses whether a property is eligible for listing on the State Register. Within 30 days of receiving all necessary information, the SHPO issues a Determination of Eligibility. 9 CRR-NY 428.5; 9 CRR-NY 428.6(a).

11-NY-a.9 to 11-NY-a.10 - Is the Property Listed or Eligible for Listing in the State Register?

If the property is not listed or determined eligible for listing, no consultation or further review is required. If the property is listed or determined eligible for listing, the project is subject to review by the SHPO. New York - State Historic Preservation Office: Environmental Review.

11-NY-a.11 – Request Determination of Impact

The APO must notify the SHPO in writing and request that the SHPO determine the impact of the project on the eligible or listed property. 9 CRR-NY 428.4(d). Note: As mentioned above, the request for a determination of impact may be made subsequent to or concurrently with the notice and request for a determination of eligibility.

11-NY-a.12 to 11-NY-a.14 – Does the Project Involve New Construction?

If the project involves new construction or a significant expansion of existing buildings, the Archeology Unit will also review the project to determine whether the project is located within a known area of archeological sensitivity. If so, the Archeology Unit will request phased surveys to determine the extent of the project’s potential impact.” New York - State Historic Preservation Office: Environmental Review.

11-NY-a.15 to 11-NY-a.16 – Have Human Remains Been Discovered?

If human remains are discovered during the course of archaeological investigations (or during project construction), the SHPO recommends that the agency/developer follow the Preservation of Human Remains Discovery Protocol.

Human Remains Discovery Process:
11-NY-c


11-NY-a.17 to 11-NY-a.18 – Is the Request Complete?

If a submission is incomplete, the SHPO will request any additional information necessary to making an informed and reasoned determination. Again, this will extend the necessary time for review. 9 CRR-NY 428.5(c); New York - State Historic Preservation Office: Environmental Review: Frequently Asked Questions.

11-NY-a.19 - Assess Potential Impact to Listed or Eligible Properties

The SHPO reviews the APO’s request and supporting materials to determine whether or not the proposed project will affect the qualities of the property making it eligible for listing on the State Register. New York - State Historic Preservation Office: Environmental Review.

In making this determination, the SHPO considers whether the project is likely to cause:

  1. Destruction or alteration of all or part of the property;
  2. Isolation or alteration of the property’s environment;
  3. Introduction of visual, audible or atmospheric elements which ae out of character with the property or later its setting;
  4. Neglect of the property resulting in its deterioration or destruction.

9 CRR-NY 428.7(a).

11-NY-a.20 - Determination of Impact

Generally, the SHPO determines the eligibility of the property and the project’s potential impact on the property at the same time and—within 30 days of receiving the necessary information—issues notice of both determinations to the APO. 9 CRR-NY 428.7(b).

11-NY-a.21 to 11-NY-a.22 - Will the Project Adversely Impact the Property?

If the SHPO determines that the project will not adversely impact an eligible or listed property, no further review or consultation is required. However, if the SHPO determines that the project will adversely impact an eligible or listed property, consultation with SHPO continues. 9 CRR-NY 428.7(d).

11-NY-a.23 - Consider Feasible and Prudent Alternatives

The New York State Historic Preservation Act|New York State Historic Preservation Act (9 CRR-NY 426), requires state agencies to avoid or mitigate adverse impacts to registered or eligible properties to the fullest extent practicable. Accordingly, the agency must explore and give due consideration to all feasible and prudent alternatives that would avoid or mitigate adverse impacts to eligible or listed properties. 9 CRR-NY 428.1; 9 CRR-NY 428.8.

11-NY-a.24 to 11-NY-a.25 - Do the SHPO and Agency Agree to an Alternative to Mitigate Adverse Impacts?

If the SHPO and agency agree on a course of action that would avoid or mitigate the project’s adverse impacts to the property, their agreement must be embodied in a Letter of Resolution, executed by both parties, specifying how the project will proceed. This concludes the consultation process. 9 CRR-NY 428.10(a)-(b).

11-NY-a.26 to 11-NY-a.27 –Do the SHPO and Agency Agree that Continuing With the Project is in the Public Interest?

If the SHPO and agency agree that there are no feasible and prudent alternative that would avoid or mitigate the project’s adverse impacts and agree that the project is nonetheless in the public interest, the SHPO and commissioner must issue a joint written declaration to this effect along with the factual basis for their decision. This concludes the consultation process. 9 CRR-NY 428.10(e).

11-NY-a.28 to 11-NY-a.29 –Does the Agency Unilaterally Decide to Terminate Consultation?

If the agency determines that there are no feasible and prudent alternatives that would avoid or mitigate the project’s adverse impacts, but determines that the project is nevertheless in the public interest, the agency may unilaterally terminate consultation. The agency must provide the SHPO with written notice of its determination along with reasons and facts supporting the decision. This concludes the consultation process. 9 CRR-NY 428.10(d).




Contact Information

| Add a Contact




Print PDF