14.09 - State agency activities affecting historic or cultural property; notice and comment.

§  14.09  State  agency  activities  affecting  historic  or  cultural  property; notice and comment.  1. As early in the  planning  process  as  may be practicable and prior to the preparation or approval of the final  design  or plan of any project undertaken by a state agency, or prior to  the funding of any project by a state agency or prior to  an  action  of  approval  or  entitlement  of any private project by a state agency, the  agency's  preservation  officer  shall  give  notice,  with   sufficient  documentation,  to  and  consult  with  the  commissioner concerning the  impact of the project if it appears that any aspect of the  project  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  or is determined to be eligible for listing on the  state register by the commissioner.  Generally,  adverse  impacts  occur  under conditions which include but are not limited to (a) destruction or  alteration  of all or part of a property; (b) isolation or alteration of  its surrounding environment; (c) introduction  of  visual,  audible,  or  atmospheric  elements  that  are  out  of character with the property or  alter  its  setting;  or  (d)  neglect  of  property  resulting  in  its  deterioration  or  destruction.  Every  agency  shall  fully explore all  feasible and prudent alternatives and give due consideration to feasible  and prudent plans which  avoid  or  mitigate  adverse  impacts  on  such  property.  In  the event that the agency has filed or will file with the  department  of  environmental  conservation,  with   respect   to   that  contemplated project, a draft environmental impact statement pursuant to  the  provisions  of article eight of the environmental conservation law,  it shall provide a copy thereof to the commissioner and the chairman  of  the  board  and  shall  also  supply  such  further  information  as the  commissioner may request. This  section  shall  not  apply  to  a  state  project that is necessary to prevent an immediate and imminent threat to  life or property.    2.  The  commissioner shall undertake a review and make comment within  thirty days of receipt of notice, with sufficient  documentation,  of  a  proposed  project as to whether or not such proposed project may have an  adverse impact on any property that is listed on the  national  register  of  historic  places  or  on  the  state register or is determined to be  eligible for the state register by the commissioner. The  comment  shall  be put on file and shall be available to the public on request. If it is  determined  that  a project may have an adverse impact on such property,  the commissioner shall so notify the agency in writing. Upon receipt  of  such  notification  from  the commissioner, the agency shall immediately  contact the commissioner for the purpose of exploring alternatives which  would avoid or mitigate adverse impacts to such property consistent with  the policy and provisions of this article and other  provisions  of  law  relating to historic preservation. To the fullest extent practicable, it  is  the  responsibility  of  every  state  agency, consistent with other  provisions of law, to avoid or mitigate adverse  impacts  to  registered  property  or  property  determined  eligible  for  listing  on the state  register by  the  commissioner.  In  order  to  avoid  inconsistency  or  duplication  in  review  functions,  the  commissioner  shall  establish  procedures in accordance with other provisions of this  section  whereby  reviews conducted under this section are coordinated with the reviews of  project  or plan proposals under other provisions of law and regulation.  When a project is being reviewed pursuant to section one hundred six  of  the  national  historic preservation act of 1966, the procedures of this  section shall not apply and any review or comment  by  the  commissioner  and  the  board  on  such  project  shall  be  within  the  framework or  procedures of the section one hundred six review. The commissioner shallissue an annual report outlining state agency actions on  which  comment  had  been  requested or issued under this section. Proposed alternatives  and results of the review process  shall  be  included  in  said  annual  report.